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

ARE ATTORNEYS NECESSARY?

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

If you are buying property, you may be wondering if you need a survey or what kind of survey to get.

By: Stacey Shea – Published in the BizWest Thought Leaders column in January 2022 These are much bigger questions than one might think and vary depending on the situation. A good way to start to answer this question is to… Read More

Is Your Board Protected by the Business Judgment Rule?

By: Danielle Palardy – Published in the BizWest Thought Leaders column in December 2021 Closely held corporations and small businesses in Northern Colorado are often built on close relationships, which unfortunately sometimes go south. When this happens, there may be… Read More

OIL AND GAS INTERESTS, PROBATE, AND DETERMINATION OF HEIRSHIP PROCEEDINGS

By: James Godbold – Published in the BizWest Thought Leaders column in November 2021 Ownership of oil, gas and other minerals is considered an interest in real property.  When someone dies, their assets in real property are typically transferred through… Read More

Impact of Potential Tax Legislation on Inheritance

By: Corey Moore – Published in the BizWest Thought Leaders in October 2021 On September 12, 2021, Representative Richard Neal, Chairman of the House Ways and Means Committee, released the long-awaited details on the Democrats’ funding proposal for the $3.5… Read More

Americans with Disabilities Act and Websites

By: Lee Morehead – Published in the BizWest Thought Leaders column in September 2021 In January 2019, the Ninth Circuit Court of Appeals held that websites and mobile apps may qualify as “places of public accommodation” under the Americans with… Read More

DOES MY NEW LIMITED LIABILITY COMPANY NEED AN OPERATING AGREEMENT?

By: Tim Brynteson – Published in the BizWest Thought Leaders column in August 2021 An operating agreement is one of a Limited Liability Company’s most important documents.  Although most states don’t legally require an operating agreement, all LLC’s should have… Read More