The Lawyer Ledger

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

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…

Read More
Can a Non-Owner Become Liable for the Debts of an LLC?

There has been considerable litigation over the years regarding holding the owners of a company personally liable for the debts of the company even when the company is a properly established separate legal entity of a corporation or a limited liability company. These types of entities generally protect the owners from personal liability; however, when…

Read More
Are Non-Compete Agreements Enforceable in Colorado?

Non-compete provisions in employment contracts have historically been used to prevent executive-level employees from leaving a company and immediately competing with their former employer. In addition, non-compete agreements are frequently used when a business is sold to preserve the value of the business. Recently, there has been a national trend of companies attempting to prevent…

Read More
The Americans with Disabilities Act Gone Wild

I have a very close friend that has suffered from multiple sclerosis for the past 23-years. Spending time with her, I have become acutely aware of the obstacles that the disabled encounter daily just trying to navigate through the grocery store or accomplish everyday tasks. The Americans with Disabilities Act was enacted with the noble…

Read More
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…

Read More
You’re Not in Kansas Anymore (even though you thought you were)

A forum selection clause in a contract can be a powerful tool. It essentially means that any lawsuit arising out of the contract must be filed in the jurisdiction specified in the contract. This can mean the difference between a company that does business across the country (or world) litigating cases in numerous jurisdictions or…

Read More