Business Litigation
Modern Law and Why it’s Important
I recently spoke at an event about the Modern Law Practice Initiative (MLPI) of the Colorado Bar and why it’s important. However, a Silicon Valley entrepreneur succinctly summed up the problem with the current state of the delivery of legal services much better than I could: I’ve basically been an involuntary power user of every…
Read MoreExceptions to Forced Arbitration in Colorado
Often, a contract will include a provision that requires the parties to resolve their dispute through binding arbitration. This means that you’ve waived your right to file a lawsuit and present your case to a judge or a jury. In Colorado, arbitration of disputes is favored and courts will enforce an unambiguous arbitration clause. There…
Read MoreDerivative Action on Behalf of an LLC
Sometimes a LLC may refuse to take legal action to pursue a legal claim of the LLC. A derivative action allows a member of the LLC to sue on behalf of the LLC when it refuses to act. The general rule is an individual member of an LLC cannot maintain a personal action against a…
Read MoreShould I File a Lawsuit?
Should I file a lawsuit? My entire practice is filing and defending business and commercial lawsuits. So, I get this question a lot. Deciding to file a lawsuit is a business decision as much as a legal tactical analysis. For any case, it’s a three-legged stool. First, there has to be liability – a legal…
Read MoreWhat are the rights of LLC members?
An LLC is a legal entity created by statute. Therefore, the rights of LLC members are governed by statute. The rights and responsibilities of managers of an LLC are also controlled by statute. While the members of an LLC can change some of these by agreement, some of these cannot be changed even by agreement. Duties…
Read MoreCOVID-19 and the Courts
The world completely changed a few weeks ago. Colorado has implemented a stay-at-home Order and most non-essential businesses and schools are closed through at least April 30th. The U.S. Centers for Disease Control has determined that the virus is widespread in Colorado and a state of emergency has been declared. Many clients have questions…
Read MoreColorado’s Anti-SLAPP Law
Colorado recently became the 31ststate to enact an Anti-SLAPP law. The Anti-SLAPP (strategic lawsuits against public participation) law is meant to quickly end lawsuits brought against people that exercise their 1stAmendment right to free speech. SLAPP lawsuits are used to intimidate someone into keeping quiet even though the plaintiff knows they can’t win the lawsuit. The…
Read MoreMy Business Partner Stole from the Company. Now what?
Your business partner stole money from the company for her personal use. An employee emails confidential company information to his personal email so he can use it to start a competing company. A competitor hires away an employee and uses confidential company information stolen by the employee. The company bookkeeper intentionally issues additional paychecks in his name they haven’t earned.
Read MoreDissolving an LLC in Colorado
I’ve been a shareholder in a small business where we decided to part ways and dissolve the LLC. I’ve never been through a divorce. However, dissolving an LLC is probably similar – it can be contentious and fraught with disputes. Or, it can be an opportunity for those involved to realize it’s not working and…
Read MoreThe Telephone Consumer Protection Act (TCPA)
Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes— prompted Congress to pass the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227. Congress determined that federal legislation was needed because telemarketers, by operating interstate, were escaping state-law prohibitions on intrusive nuisance calls. The Act bans certain…
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