Federal Trial Practice
Business about to be sued? Here’s what to do.
Don’t panic. I’m not sure there are many situations where falling into a panic is useful. But, it’s definitely not helpful if you think you’ll be sued. Keep a level head. You’ll get through this. Don’t be an Enron. In the days leading to the collapse of the energy and commodities behemoth Enron, the company and…
Read MoreWhy I Don’t Write Demand Letters
Occasionally, a potential client calls me and asks if I would “just write a demand letter” to the recalcitrant company or person on the other side of a dispute. I don’t do this. When I’m hired to pursue a claim for a client, I will rarely send a demand letter before filing the lawsuit. The reason is simple: it’s a waste of time and frequently puts clients at a disadvantage.
Read MoreCredibility in the Courtroom
I was in a mediation recently with a retired judge as the mediator. He is a respected jurist that served for more than 40-years in various judicial roles. During the downtime between the long back and forth of the mediation, we talked about his time on the bench, the cases he decided and the lawyers…
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 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 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…
Read MoreThe Americans with Disabilities Act Gone Wild
I have a very close friend that has suffered from multiple sclerosis for the past 23-years. Spending time with her, I have become acutely aware of the obstacles that the disabled encounter daily just trying to navigate through the grocery store or accomplish everyday tasks. The Americans with Disabilities Act was enacted with the noble…
Read MoreWhen Someone Else Has to Pay for Your Lawyer
There are times when someone else has to pay for your lawyer. Most countries in the world follow the English rule on attorney’s fees. This means the losing party has to pay the winning party’s attorney’s fees. The United States is the exception. We follow the American rule (makes sense). The American rule means each…
Read More