The Lawyer Ledger

The latest updates on business litigation, business, and appellate law.

How to Expel an LLC Member In Colorado

Expelling, or disassociating, a Colorado limited liability company member may become necessary. Disagreements among LLC members about management, growth, and the direction of the business may lead to the conclusion that a member should disassociate from the LLC. Here’s what to look at when trying to expel or disassociate a member from a Colorado LLC….

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Attorney’s Fees for the Wrong of Another

Most states, including Colorado, follow the American Rule when it comes to awarding attorney’s fees. This means that attorney’s fees are not awardable to the winning party in a lawsuit unless a contract or statute allows it. Attorney’s fees are also awardable for certain constitutional claims. The doctrine of wrong of another is a further…

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My 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.

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Colorado Mechanic’s Lien on Property

In Colorado, any person or company that performs work or furnishes materials used in the construction, alteration or improvement of any home, structure or property may be entitled to a mechanic’s lien.

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Why 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.

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3-Things Never to Include in an Operating Agreement

An Operating Agreement that includes three things is destined to cause problems. My practice is 100% litigation and trial of business and commercial disputes. However, I have had the same conversation with new clients hundreds of times about how they ended up in my office. Many cases that end up in litigation were destined for…

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