The Lawyer Ledger

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

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…

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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…

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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…

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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…

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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…

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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…

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