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…
Can I sue a dissolved company?
A dissolved company can be sued. Under C.R.S. §7-80-803, a dissolved limited liability company continues in existence for the purpose of winding up its affairs and discharging of liabilities. Corporations similarly continue their existence for winding up the affairs of the company. The dissolution only prohibits the company from engaging in future transactions – not…
Frivolous Lawsuits Defense
For a small business a frivolous lawsuit is not just a nuisance. If it’s not handled competently and efficiently – it can significantly impact profitability. There have been several noteworthy frivolous lawsuits reported. People contesting the authority of the U.S. Government to levy an income tax (the 16th Amendment is pretty clear on this). The lawsuit…
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…
Credibility 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…
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…
