The Lawyer Ledger

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

Dissolving an LLC in Colorado

I’ve been a shareholder in a small business where we decided to part ways and dissolve the LLC. I’ve never been through a divorce. However, dissolving an LLC is probably similar – it can be contentious and fraught with disputes. Or, it can be an opportunity for those involved to realize it’s not working and…

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The Telephone Consumer Protection Act (TCPA)

Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes— prompted Congress to pass the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227. Congress determined that federal legislation was needed because telemarketers, by operating interstate, were escaping state-law prohibitions on intrusive nuisance calls. The Act bans certain…

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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…

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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…

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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…

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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…

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