Business Litigation
Real Estate Deals Gone Bad
While most people today use a mortgage to purchase commercial and residential real estate, there is an anachronism still used today to buy real estate without a mortgage. It’s commonly referred to as a “contract for deed”, “installment land contract” or sometimes a “land sale contract.” The purpose of these real estate agreements is…
Read MoreWhen Out of State Companies Can’t Sue in Colorado
There is a scenario where an out of state company can’t sue in in Colorado. Colorado law prohibits an out of state company from defending or maintaining a lawsuit against a Colorado resident unless they have filed certain paperwork with the Secretary of State: No foreign entity transacting business or conducting activities in this state…
Read MoreContingency Fees and Business Litigation
A Fortune 500 company may have a sizeable legal department and a significant budget for legal expenditures. Most small businesses don’t have legal departments or budgets to hire lawyers to pursue legitimate claims. I frequently talk with small business owners about a potential lawsuit but they’re weary of pursuing it because of the cost of…
Read MoreModern 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…
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