Lease Agreement – Time for an Update?

If you are a landlord and have not updated your lease agreement in recent years, it may be time to do so. In the past few years, Colorado has enacted many new laws affecting a landlord’s obligations to its tenants.… Read More

The Contract Clause Small Businesses Should Never Go Without: Fee-Shifting Provisions

Did you know the default rule in Colorado is that each party to a lawsuit pays their own attorneys’ fees, no matter who prevails? Colorado law also generally prohibits a non-attorney from representing a company in court, subject to a… Read More

Colorado Limits the Use of Non-Compete Agreements

Twenty percent of America’s workforce are subject to some form of a Non-Compete Agreement (Agreement) with their employers.  These Agreements have been popular among employers in certain industries but have also been viewed by many as an obstruction to the… Read More

Easements: What’s Snow Got to Do with It?

As published in BizWest’s Thought Leader Column, January 2023 It is increasingly common for property owners to divide their properties into two or more lots, with the resulting lots being owned by either a single owner or several related parties.… Read More

“The Little Fish That Could” Comes Full Circle

A version of this article was published in BizWest, December 2022. Many have heard of the legend, but few know the story behind how a 3-inch fish became the star of a United States Supreme Court opinion and managed to… Read More

Beware of the Unintended Partnership

As published in BizWest’s Thought Leader Column, December 2022 To many, the legal threshold to form a partnership is surprisingly low. Under Colorado law, a partnership is created by the association of two or more people who carry on, as… Read More

Is a Member-Managed or a Manager-Managed LLC Right for My Business?

  As Published in BizWest’s Thought Leader column, November 2022 Two of the first decisions a new business will be faced with are:  the selection of a business structure, and an outline of the business’s day-to-day operations. The most popular… Read More

Livestock Owner Liability to Motorists in an Open Range State

As published in BizWest’s Thought Leader Column, October 2022 Livestock owners are generally aware of the laws enacted that make Colorado a “fence out” or “open range” state. Many owners are also aware that they may be liable in some… Read More

Recent Supreme Court Ruling Raises Major Questions for Regulators and Businesses

A version of this article was published in BizWest in September 2022 For better or worse, depending on your perspective, the United States Supreme Court (“Supreme Court”) has certainly shaken things up lately.  While much attention has focused on the… Read More

The Importance of Due Diligence – Title Commitments

As published in BizWest’s Thought Leader Column, September 2022  Regardless of if you are purchasing commercial or residential property, it is always a good idea to make sure you do your due diligence. Due diligence can cover several aspects of… Read More

Minimizing the Cost of Debt Collection

As published in BizWest’s Thought Leader Column, August 2022 The goal in recovering any debt is to settle the account as efficiently and inexpensively as possible. The upfront costs of debt collection may include collection agency fees, court costs, attorney… Read More

Avoid A Lawsuit – Due Diligence in Business Transactions

  Published in BizWest’s Thought Leader column, February 2022 Businesses regularly enter mergers and acquisitions, asset purchases, stock assignments, and other types of full or partial purchases of another company.  Businesses that have executed an agreement for one of these… Read More

Resolving Disputes Over Oil and Gas Rights

Published in BizWest’s Thought Leader column, July 2022 Disputes frequently arise among landowners and heirs over the ownership of oil, gas, and mineral rights.  Common reasons for such ownership disputes include:  gaps or missing documents in the “chain of title”;… Read More

What Is ESG and How Will It Fit into the Biden Administration’s Environmental Agenda?

A version of this article was published in BizWest in January 2021 ESG stands for “Environmental, Social, and Corporate Governance,” which represent three criteria for measuring corporate sustainability and social impact.  Though it first emerged over a decade ago, it… Read More

Life Insurance and Estate Tax

As published in BizWest’s Thought Leader Column June 2022 How do the proceeds of a life insurance policy impact the value of a deceased individual’s estate? Surprising to many clients, the proceeds of a life insurance policy are included in… Read More

Non-Compete Agreements and Criminal Law: A New Intersection

Published in BizWest’s Thought Leader Column in May 2022 On March 1, 2022, Colorado became the first state to criminalize the use of illegal non-compete agreements.  Any person who knowingly uses an illegal non-compete agreement commits a Class 2 misdemeanor… Read More

Operating Agreements for Single Member LLC’s

Published in the BizWest Thought Leaders Column in April 2022 Limited liability companies (“LLC’”) are increasingly popular entities under which to operate small businesses and own real estate for rental or development.  There is good reason for this as an… Read More

Why Colorado Should Evaluate Clean Water Act Section 404 Program Assumption

By: John Kolanz – February 2022 Published in the Colorado Environmental Law Journal INTRODUCTION “The world hates change, yet it is the only thing that has brought progress.” – Charles Kettering* For over four decades, Colorado, like virtually every other… Read More

What is PFAS and Why Should I Care?

Published in the BizWest Thought Leaders Column in March 2022 PFAS is a shorthand reference for a large group of man-made substances (Per- and Polyfluoroalkyl Substances) often called “forever chemicals” because they do not break down readily in nature.  Buyers… Read More


By: Tim Brynteson – Published in the BizWest Book of Lists in January 2022 We normally write short essays trying to educate our readers about some particular area of law or to provide a legal perspective on some current issue.  … Read More