When 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…
Contingency 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…
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…
Exceptions 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…
Derivative 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…
Should 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…
