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…
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…
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…
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…
The Value of a Good Plumber
I’ve used the same plumber for 10-years. The owner of the bike shop I regularly use recommended him to me. The first time he came to my house my dog (a 100-pound all black German Shepard) chased him down the street and the plumber had to jump on the hood of his truck to escape…
When Someone Else Has to Pay for Your Lawyer
There are times when someone else has to pay for your lawyer. Most countries in the world follow the English rule on attorney’s fees. This means the losing party has to pay the winning party’s attorney’s fees. The United States is the exception. We follow the American rule (makes sense). The American rule means each…
