May 26, 2015

Business Litigation & Trial

We focus on resolving business related disputes involving loss or harm suffered by businesses, their owners and individuals. While we always attempt to resolve disputes expeditiously without resorting to a lawsuit, there are certain times when a lawsuit is required to enforce or defend the rights of a business or individual. We therefore represent clients (as plaintiffs and defendants) in litigation and trial of claims brought on behalf of businesses and individuals in various areas including:

  • Breach of contract
  • Unpaid Business Debts
  • Non-Compete and Non-Disclosure Disputes
  • Unfair Competition (Lanham Act)
  • Unfair and Deceptive Trade Practices
  • Theft of Trade Secrets
  • Tortious Interference
  • Fraud
  • Commercial Insurance Disputes and Denials
  • Shareholder and partnership disputes
  • Other Business Torts

We accept a select number of cases on contingency fee basis and mixed contingency/hourly agreements. We have handled numerous litigated cases on behalf of small businesses and individuals over the last 16-years.

Recent results include:

  • Trial on securities valuation claim brought by one of the founding members and former officer of a national closely-held company. The plaintiff’s attorney claimed a valuation of plaintiff’s shares of more than $3M but we successfully established that her shares should be valued at approximately 20% of that value. The case subsequently settled while on appeal.
  • Arbitration on the enforceability of a non-compete clause in a contract between two companies that were previously business partners. We successfully argued at the arbitration that the non-compete provision was a valid and enforceable restraint of trade and that the company was therefore restricted from competing with our client.
  • Trial on various claims and counter-claims regarding allegations of breach of contract and fraud between former business partners regarding a multi-million-dollar luxury real estate development. After a 2-week trial, the jury returned a $4.2M verdict in favor of our client. The case is currently on appeal.

While every case is different, there may be provisions in the applicable contract or under federal or state law that allow for the recovery of attorneys’ fees and costs to the prevailing party in certain business disputes. Therefore, we accept a select number of these types of cases on a mixed flat fee/contingency or contingency fee basis.

Colorado and Florida law allows for the recovery of attorneys’ fees and costs when a named insured or beneficiary prevails in an action against their own insurance company. We therefore will usually represent clients in insurance denials on a contingency fee basis.