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…
What 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…
COVID-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…
Colorado’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…
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.
