Business Litigation, Business Representation

Judicial foreclosure is a legal process for collecting a judgment or mechanic’s lien from a debtor. It involves filing a lawsuit, obtaining a foreclosure decree, and conducting a sheriff’s sale. While the process can be time-consuming and cumbersome, it can lead to debt collection, attorney fee recovery, and a potential profit from the property’s sale. 

If someone defames your business online, legal options are available. First, try demanding the removal of the defamatory content from the platform where it was posted. If that doesn’t work, send a cease-and-desist letter to the person making the false statements. Once these two options have been exhausted, you can file a lawsuit to seek damages and obtain an injunction preventing further defamation. 

In Colorado, property owners’ liability for injuries varies depending on who is hurt. Clients are entitled to the highest level of protection, while friends receive less. Trespassers generally receive the least protection, except in cases involving hidden dangers on the property. 

If someone is injured on your property, it’s advisable to consult a business representation attorney to ensure your specific legal obligations and potential liability are understood. 

R&H attorneys are always prepared to litigate and consider it as part of a case’s strategy. However, it’s generally best to consider mediation or arbitration before litigation, as it’s more cost-effective and may result in a more favorable outcome.. 

Arbitration is a more direct approach in which a neutral third party hears both sides of the case and renders a binding decision. While this provides a conclusive resolution, the right to appeal is restricted. Colorado courts promote arbitration to alleviate court backlogs and reduce lawsuit expenses.

Mediation is a voluntary and non-binding process where a neutral third party helps facilitate settlement discussions between the parties in a dispute. Colorado courts favor mediation as a method for resolving conflicts amicably and efficiently, particularly when litigation is costly or time-consuming. Additionally, judges might order parties to participate in mediation as part of case management. Parties can voluntarily agree to mediation to explore potential settlement options.

A potential drawback of alternative dispute resolution is revealing litigation or trial strategies. Mediators may also express opinions that could undermine a party’s confidence in their position. As a result, clients might feel pressured to accept settlements that are not entirely favorable. This can occur if parties perceive the mediator as biased or overly directive.

Note: Mediation is often inappropriate in cases involving significant power imbalances.

Every course of action has advantages and drawbacks. To better understand which pathway makes the most sense for your case, contact an experienced business litigation attorney.

A business divorce is the legal process of dissolving a business entity or severing the relationship between business partners, members, or shareholders when disputes or other circumstances make it impractical to continue the business relationship. In Colorado, the legal procedures for a business divorce depend on the type of business entity involved, such as partnerships, limited liability companies (LLCs), or corporations.

Partnerships can dissolve for several reasons, including a partner's explicit decision, the completion of a set term or project, or a court order. A court may order dissolution if the business can no longer reasonably operate according to the partnership agreement or if a partner's actions significantly harm the business or violate the agreement.

An LLC can be dissolved if it becomes impractical to operate the business according to the terms of its operating agreement. The court may issue a decree of dissolution and oversee the winding up and liquidation of the LLC's business and affairs.

In cases of corporate judicial dissolution, the court can intervene with measures like injunctions or by appointing a receiver to safeguard company assets. Shareholders also have the option to avoid dissolution by purchasing the petitioning shareholder's stake.

The legal and practical steps in a business divorce differ significantly based on whether it's a partnership, LLC, or corporation. Contact a Denver, Colorado business litigation attorney to understand your options.

Operating a business in Colorado without a formal agreement can have significant legal implications. Doing so exposes individual parties to potential disputes, unintended liabilities, and being governed by default state laws that may not align with their preferences. We strongly encourage you to formalize your business arrangements with written agreements to mitigate these risks and provide clarity in the operation and governance of the business. If you need assistance drafting a formal agreement, contact our Denver business representation attorneys.