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David A Toy


David A Toy

David Toy is a veteran deal lawyer, with particular emphasis in technology, intellectual property, and commercial issues. He's known for getting deals done and for his ability to effectively communicate to clients the risks of a deal at any stage of the contracting process. David has an effective and personable negotiating style that is appreciated by his clients.

David's practice uniquely combines his transactional skill set with a vast understanding of technology and intellectual property. In addition, he has broad experience with general commercial issues. Whether tackling the entire deal or just the technology, intellectual property, or commercial issues in a larger project, David can get the deal done efficiently and effectively.

David's deep experience negotiating deals from both buyer and vendor perspectives, domestically and internationally, and with clients ranging from start-ups to Fortune 100 companies provides invaluable background for a range of negotiating positions and counterproposals. He has an industry "agnostic" practice, given his vast dealings in computers and Internet, entertainment and cinema, healthcare, food and beverage, telecommunications, and energy sectors, among other industries. He can advise on what positions are "market" in any deal and develop different resolutions to fit specific client needs.

David especially enjoys the negotiating process. Clients see him shine when he responds to concerns raised by opposing parties and offers innovative solutions.

Before he became a lawyer, David was a seasoned journalist. His background with the written word translates effectively into his practice. He exercises great skill in writing or revising a contract to clearly and efficiently reflect a business deal. David is skilled at taking a measured approach when reviewing a counterparty's documents, effectively identifying and addressing material issues without getting bogged down in over-drafting.

David has a demonstrated commitment to the local start-up and entrepreneurial community. For over a decade, he's been a clinical adviser to the Entrepreneurial Law Clinic at the University of Colorado Law School and assists law students who represent start-up companies.

Representative Experience

Represented the commercial procurement group of a Fortune 100 company in hundreds of multimillion-dollar domestic and international transactions.

Outside general counsel to a data licensor responsible for hundreds of domestic and international transactions.

Represented a joint venture among three leading theater chains in US$1bn rollout of digital cinema network across 14,000+ screens in North America.

Represented a Fortune 100 company in a US$1bn global telecommunication re-evaluation and consolidation project.

Represented a leading outsourced services provider in multiple US$500m+ outsourcing transactions.

Represented company that engineers, manufactures, and distributes food and beverage ingredients, addressing IP ownership and other issues.

Represented a vendor of financial software in the negotiation of several multimillion-dollar licensing transactions with Fortune 100 customers.

Intellectual property counsel in a stock sale of an Internet service provider.

Represented beverage company with supply, manufacturing, packaging, warehousing, sales, and distribution agreements and with respect to trade secrets.

Represented a Fortune 100 company in a global data center re-location and consolidation project.

Seconded to act full time in lieu of in-house legal counsel for a Fortune 100 hardware OEM in the commercialization of products.

Education and admissions


  • J.D., cum laude, Order of the Coif, University of Kentucky College of Law, 2004
  • B.S., Brigham Young University, 2001


  • Member, American Bar Association
  • Member, Colorado Bar Association, Communication & Technology Law Section and Business Law Section
  • Member, Denver Bar Association

Bar admissions and qualifications

  • Colorado
  • Tennessee

2010, 2012-2014

Rising Stars

Colorado Super Lawyers

Latest thinking and events

Published Works

Implied Non-Infringement and Ownership Warranties in Intellectual Property Agreements

The Colorado Lawyer

Published Works

The Effect of Mergers on Licenses: Considering the Often Overlooked and Unaddressed

BNA's Patent, Trademark & Copyright Journal

Published Works

The Murky Waters of Intellectual Property Acquisitions via Merger

Boulder County Bar Newsletter
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