From Our Blog

Frederick (Freddy) J. Steimling

Colorado’s Agricultural Equipment Right to Repair Law in Effect

By: Frederick J. Steimling, Esq. March 1, 2024 On January 1, 2024, Colorado’s first-of-its-kind Right to Repair agricultural equipment law, the Consumer Repairs Bill of Rights Act (CRBR), went into effect. In short, the CRBR requires the original farm equipment manufacturer to provide owners and independent repair providers with resources

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Derrick K. Galantowicz

Trademarks: Should I Register?

By: Derrick K. Galantowicz, Esq. February 1, 2024 Whether it be a logo, slogan, or a brand name, trademarks are all around us. Many businesses reach a point in their lifecycle when they consider whether they should federally register their brand name or logo with the United States Patent and

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Lee J. Morehead

Dissolution: The Inferior Default Exit Strategy

By: Lee J. Morehead, Esq. December 1, 2023 Dissolution of a business or company occurs either voluntarily or judicially. In the case of voluntary Dissolution, all owners must agree either to dissolve the entity or identify a triggering event that will cause Dissolution. To accomplish judicial Dissolution, the owner(s) seeking

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Corey M. Moore

Taking Advantage of the Estate and Gift Tax Exemption

By: Corey W. Moore, Esq. November 1, 2023 The United States Internal Revenue Code, Subtitle B–Estate and Gift Taxes, provides every taxpayer with the ability to exempt a certain amount of assets from their estate.  The Estate and Gift Tax Exemption (“Exemption”) for a single individual in 2023 is $12.92

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Timothy P. Brynteson

Are You Ready for the Corporate Transparency Act?

You may or may not have heard of the Corporate Transparency Act (CTA), a component of the Anti-Money Laundering Act of 2020, which takes effect January 1, 2024. This law is, at its heart, an anti-crime law intended to combat money laundering, terrorism financing, tax fraud, human trafficking, and other illicit

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Lia Szasz

Are Verbal Agreements Enforceable in Colorado?

To the surprise of many non-lawyers, most verbal agreements are enforceable under Colorado law, subject to a few categorical exceptions. Generally, the formation of a binding contract requires only that the contracting parties reach a “meeting of the minds” about the sufficiently definite terms of their agreement, and that the

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Commercial Landlords & Property Managers Beware! Alleged Discrimination May Impede Eviction

By: Lee J. Morehead, Esq. May 5, 2024 On February 20, 2024, the Colorado Supreme Court ruled that a tenant could allege violations of the Colorado Fair Housing Act as a defense to an eviction proceeding. Previously, tenants had to countersue for the alleged violations, thus allowing the eviction process to proceed while the discrimination claim was later determined. Under this recent ruling, however, tenants can avoid eviction if the reasons for the eviction were discriminatory. The Colorado Supreme Court’s decision allows commercial tenants to allege discrimination as a defense to eviction. When asserted, there is a higher likelihood that the eviction proceeding will: (1) be transferred from the County Court to the District Court;

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Colorado’s Agricultural Equipment Right to Repair Law in Effect

By: Frederick J. Steimling, Esq. March 1, 2024 On January 1, 2024, Colorado’s first-of-its-kind Right to Repair agricultural equipment law, the Consumer Repairs Bill of Rights Act (CRBR), went into effect. In short, the CRBR requires the original farm equipment manufacturer to provide owners and independent repair providers with resources including parts, embedded software, firmware, tools, and guides, enabling farmers and repair providers with the ability to repair their agricultural equipment. The CRBR also provides legal redress for farmers and independent repair providers for non-compliance of the CRBR by manufacturers and prevents manufacturers from entering contracts that limit access to repair resources. Historically, manufacturers have imposed artificial barriers to prevent do-it-yourself repairs, citing concerns that

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Trademarks: Should I Register?

By: Derrick K. Galantowicz, Esq. February 1, 2024 Whether it be a logo, slogan, or a brand name, trademarks are all around us. Many businesses reach a point in their lifecycle when they consider whether they should federally register their brand name or logo with the United States Patent and Trademark Office (USPTO). What is a Trademark? A trademark is a unique identifier, be it a word, logo, phrase, etc., that identifies a service or product from a specific source and distinguishes it from others. A trademark must be distinctive and not generic or descriptive of the service or product. The USPTO categorizes goods and services into 45 trademark classes (34 classes for goods and

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Dissolution: The Inferior Default Exit Strategy

By: Lee J. Morehead, Esq. December 1, 2023 Dissolution of a business or company occurs either voluntarily or judicially. In the case of voluntary Dissolution, all owners must agree either to dissolve the entity or identify a triggering event that will cause Dissolution. To accomplish judicial Dissolution, the owner(s) seeking Dissolution must prove that it is not reasonably practicable to continue the business. Judicial Dissolutions are treated like any other lawsuit, incurring cost in both time and legal expenses associated with pleadings, discovery, and trial. However, obtaining Dissolution is just the first step in completing the process, each of which has the potential to be hotly contested.  Examples of the steps and potential disputes are:

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Taking Advantage of the Estate and Gift Tax Exemption

By: Corey W. Moore, Esq. November 1, 2023 The United States Internal Revenue Code, Subtitle B–Estate and Gift Taxes, provides every taxpayer with the ability to exempt a certain amount of assets from their estate.  The Estate and Gift Tax Exemption (“Exemption”) for a single individual in 2023 is $12.92 million, meaning an individual could either: The Internal Revenue Service (IRS) will increase the Exemption in both 2024 and 2025 to match the rate of inflation.  However, in 2026 it is anticipated that the IRS will lower the Exemption to one-half of the then-2025 Exemption amount.  While there are various estate planning techniques that may be used to take advantage of the Exemption, one of

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Are You Ready for the Corporate Transparency Act?

You may or may not have heard of the Corporate Transparency Act (CTA), a component of the Anti-Money Laundering Act of 2020, which takes effect January 1, 2024. This law is, at its heart, an anti-crime law intended to combat money laundering, terrorism financing, tax fraud, human trafficking, and other illicit activities. However, it will affect a broad range of individuals and companies who own or manage businesses and/or invest in real estate. The goal of the CTA is preventing bad actors (criminals) from utilizing complex corporate structures and shell companies to hide their identities and move money through the U.S. financial system. Although most of you reading this article are not bad actors hiding your identities

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Are Verbal Agreements Enforceable in Colorado?

To the surprise of many non-lawyers, most verbal agreements are enforceable under Colorado law, subject to a few categorical exceptions. Generally, the formation of a binding contract requires only that the contracting parties reach a “meeting of the minds” about the sufficiently definite terms of their agreement, and that the agreement is supported by adequate consideration. A contract may be evidenced by either the written or spoken words of the parties. There are several categories of contracts, however, which courts may only enforce if a writing evidencing that agreement exists. The most common categories are: (1) contracts for the transfer of land; (2) contracts that cannot be performed in less than a year; (3) contracts

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