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… Read More

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… Read More

Colorado Businesses Should Understand Implications of New U.S. Supreme Court Opinion

The United States Supreme Court continues to shake up the regulatory environment, this time with a ruling under the 50-year-old Clean Water Act (CWA or Act) that has important ramifications for businesses, governmental bodies, and other entities in Colorado and… Read More

The Importance of Due Diligence – Title Commitments

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 property and document review including, but not limited to,… Read More

The Benefits of Appointing an Attorney as Registered Agent for Your Business

When starting a business, one of the many legal requirements is to appoint a registered agent. A registered agent is a person or entity designated to receive legal notices and other important documents on behalf of the business. This is… Read More

Due Diligence in Purchasing Income-Producing Real Estate

If you are considering purchasing commercial real estate as a tool to earn rental income, you may be considering a property that already has a long-term tenant. This can be a terrific way to start seeing a return on your… Read More

Are There Alternatives to Litigation?

The process of civil litigation and trial can result in costly outcomes for all parties; however, it is important for anyone involved in a civil legal matter to note that there are various ways to create and encourage dispute resolution.… Read More

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

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