Many individuals and business owners who are considering entering a contract wonder whether they need legal counsel and review of the agreement. Absolutely, having your lawyer review your contract is a critical step in protecting your legal interests and ensuring that the terms are fair and favorable to you. Most…
Continue ReadingWhen a civil case goes to court in Colorado, the judgment entered by the court can be appealed. An appeal does not mean a retrial or a new trial but, instead, addresses alleged errors in the procedures employed in the original trial or in the judge’s or jury’s interpretation or…
Continue ReadingIn Arkansas, when a civil case is resolved in court, there is a complex appeals process that is available under certain circumstances. While an appeal doesn’t retry the case or afford you a new trial, it can address any procedural errors that may have occurred – in addition to any…
Continue ReadingThe business world relies on contracts to ensure individuals, companies, or parties act as promised and expected. When someone breaches a valid agreement or contract, that means they have failed to follow through with what they agreed to do without a lawful reason. When this happens, the non-breaching party’s Colorado…
Continue ReadingContracts are a critical component of business relationships and transactions, and a better understanding of the role they play can help you improve your own business standing. If you have a contract concern or are interested in tightening up your own contracts, it’s time to consult with an experienced Colorado…
Continue ReadingIf an employee or another relevant individual breaks an NDA (non-disclosure agreement), you should discuss your specific situation with an Arkansas contract lawyer as soon as possible to learn how you should proceed, ensure your rights are protected, and determine the best legal recourse for you. If you have yet…
Continue ReadingWhen you sign a business contract, it’s important to recognize that you’re entering into a legally binding agreement with the other parties involved. When a party to a contract fails to fulfill the obligations that they signed off on, it’s called a breach of contract, and it can lead to…
Continue ReadingStarting a business takes a tidy sum of money. You need to have money for operating expenses, materials, employees’ wages, rent, utilities, and many other things that crop up. So when someone suggests having a lawyer as well, you may feel overwhelmed. Yes, a good business attorney can be pricey,…
Continue ReadingAny legitimate business deals with contracts, whether with an employee, client, vendor, or other business. Drafting a contract can be a real hassle at times, but having one in place is well worth it. A contract can help protect you legally should an issue occur. Contracts outline the responsibilities of…
Continue ReadingIf you are in a business partnership, planning for the unexpected is as essential as managing day-to-day operations. A buy-sell agreement is one of the most effective tools for safeguarding business continuity and avoiding costly disputes. A buy-sell agreement is a legally binding contract that governs how ownership interests are…
Continue ReadingForming a limited liability company (LLC) offers business owners the key advantage of protecting personal assets from business liabilities. But that protection is only as adequate as the structure supporting it. One of the most important—and often overlooked—documents for an LLC is the Operating Agreement. While Colorado law does not…
Continue ReadingSome people explore owning a business by buying into a franchise, rather than building something from the ground up. A franchise is a business owned and operated by an individual (the franchisee) under a larger company’s branding, systems, and controls (the franchisor). The franchisee pays for the right to use…
Continue ReadingAs businesses grow and evolve, they often seek strategic opportunities to scale. One common pathway to growth is through a merger, which involves two or more companies combining into a single legal entity. Mergers can reduce costs, eliminate competition, increase market share, and open new channels for distribution, customers, or…
Continue ReadingBusinesses with multiple shareholders can face internal tension, especially when expectations diverge. While shareholders often share a common interest in the company’s success, disputes can and do arise and, if left unresolved, they may disrupt operations, affect morale, or lead to costly litigation. Understanding the most common causes of shareholder…
Continue ReadingDisputes among shareholders—or between shareholders and management—can be highly disruptive to a business. Colorado law encourages parties to resolve these issues outside of court when possible. In some cases, judges may even require good-faith efforts at resolution before specific claims can proceed to trial. Resolving a shareholder dispute early, privately,…
Continue ReadingWhile shareholder agreements cannot always prevent shareholder disputes or associated litigation, they can help end them. Shareholder agreements are binding contracts, and strong business contracts might result in more favorable judicial outcomes and give you leverage during alternative dispute proceedings. Avoid expensive shareholder litigation and proactively address potential disputes with…
Continue ReadingFranchise agreements are contracts entered into between franchisors—typically established brands such as McDonald’s—and individuals or small businesses seeking to operate a franchise location. By their very nature, franchise agreements allow the franchisee to lawfully use the franchisor’s intellectual property (IP)— such as trademarks, copyrights, patented programs, or secret recipes—in exchange…
Continue ReadingEffectuating a successful business merger involves complying with a complex combination of state-specific corporate laws, federal regulations, industry-specific requirements, and private shareholder agreements. Though not every merger is subject to every corporate regulation, you need an experienced Denver M&A lawyer from Brown Dunning Walker Fein Drusch PC to help you…
Continue ReadingWhether Chapter 7 creditors can get all their money back during bankruptcy proceedings depends on their priority status, if any, and the debtor’s assets. Unsecured creditors – such as credit card companies – rarely recover all their money. However, certain secured and priority unsecured creditors might obtain some relief if…
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