Denver, Colorado — July 6, 2026 — On June 23, 2026, Richards Carrington LLC obtained a significant appellate victory for Daniel Van Der Aue and DV Consulting, Inc. in a high-stakes commercial dispute involving partnership and profit-sharing rights in the Catalyst Strategic Advisors mergers-and-acquisitions advisory business.
The United States Court of Appeals for the Tenth Circuit reversed in full the summary judgment order entered against Mr. Van Der Aue and DV Consulting by the United States District Court for the District of Colorado. The case will now return to the District of Colorado for trial.
The dispute arises from a long-running business relationship between Mr. Van Der Aue and Joseph Kondrup, Jr. Mr. Van Der Aue contends that, beginning in 2013, he and Mr. Kondrup agreed to share profits from their business together on a one-third/two-thirds basis, and that contemporaneous emails, financial records, and multi-million-dollar year-end profit calculations over the ensuing decade confirm that arrangement. Mr. Kondrup and his companies denied the existence of any partnership or enforceable profit-sharing agreement.
In reversing summary judgment, the Tenth Circuit held that the evidence must be weighed at trial. Among other things, the Court concluded that the record contains “substantial documentary and other evidence” supporting Mr. Van Der Aue’s position. Additionally, the Court stated that the parties’ 2013 “framework” emails “show that Mr. Van Der Aue and Mr. Kondrup shared in the profits of a business.” The Court held that a factfinder could readily conclude that the parties shared profits and carried on business as co-owners. The Court also reinstated Mr. Van Der Aue’s alternative claim for breach of a profit-sharing agreement.
“This decision confirms what Dan has maintained from the beginning: this case turns on the parties’ actual business relationship and the contemporaneous evidence of how profits were shared—not labels applied after the fact,” said Michael N. Mulvania of Richards Carrington. “The Tenth Circuit recognized that the record contains substantial evidence supporting Dan’s claims. We look forward to presenting that evidence at trial and vindicating Dan’s rights.”
“The Tenth Circuit’s ruling is an important reminder that business relationships are judged by the economic substance of how they actually operated,” said Christopher P. Carrington. “We are pleased that Dan and DV Consulting will have the opportunity to prove their claims on a full trial record.”
The ruling reflects Richards Carrington’s approach to complex commercial litigation: building the factual record, identifying the legal issues that matter at trial and on appeal, and presenting the evidence in a way that is both legally precise and grounded in the realities of how businesses actually operate.
Richards Carrington represents Mr. Van Der Aue and DV Consulting in the litigation. The case will return to the United States District Court for the District of Colorado for trial.