banner-blog-microbusiness

Reid Allred Presentation for the Colorado Microbusiness Alliance

Chipman Glasser partner, Reid Allred, will be giving a presentation for the Colorado Microbusiness Alliance on two nights next week—September 8, 2015 in Parker, Colorado and September 9, 2015 at Westminster, Colorado. Mr. Allred will be speaking about how business owners can effectively structure their businesses to avoid personal liability and minimize taxes. The presentation will include real-life experiences to …

banner-blog-lafond

Does LaFond Address Common Law Fiduciary Duties of LLC Members?

By Reid J. Allred and Maral Shoaei The Colorado Supreme Court, in a recent opinion, LaFond v. Sweeney, addressed the duties of a manager or member of a limited liability company (“LLC”) under Colorado law upon dissolution and winding up of an LLC. At first glance, LaFond appears to provide some needed clarity to the common-law fiduciary duties owed by …

banner-blog-capp

Assessing CAPP, Part I: Impact on the Motion to Dismiss Strategy

By E. Job Seese The following is the first in a forthcoming series of blog posts looking at the CAPP Rules and their practical impact on litigation strategy. CAPP’S INTRODUCTION  Effective January 2012, the Colorado Supreme Court authorized a pilot program to test a new set of pretrial procedures for civil business cases.  The pilot program—known as CAPP (Colorado Civil …

banner-blog-fiduciary

Revisiting Fiduciary Duties of Members of Colorado LLCs

The law governing limited liability companies (“LLCs”) and their members is relatively undeveloped, and it continues to evolve.  One important question, for example, is whether the members of an LLC owe fiduciary duties to each other. In a previous blog post, we explored the existing case law on this subject from the corporate and partnership context.  And that post concluded that …

banner-blog-awards

Fee Awards Are Only Non-Dischargeable Only If The Applicable Statute Proscribes Conduct That Violates § 523

CITATION: Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished). RULING: The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir. 2001). In applying those factors to the state court’s attorney fee award, the …

banner-blog-restoration

Restoration Construction: Navigating The New Rules In Colorado

On June 6, 2012, Colorado fundamentally altered the rules that apply to roofers and restoration contractors handling losses on residential property.  Governor Hickenlooper signed into law a bill1 that, at first blush, appears aimed at unscrupulous “storm chasers.”  The impact of the new statute, however, reaches far beyond its presumptive target.  And the law is rife with unintended consequences for everyone …

banner-blog-gamble

Buyer Beware: The Utility Of Acquired Claims May Be Limited By The Purity Of The Buyer’s Motive

The American Bankruptcy Institute recently published Mr. Glasser’s summary of a recent decision by the Ninth Circuit BAP. Click here to view the original article. Citation:  Beal Bank USA v. Windmill Durango Office, LLC, US Trustee, DP Air Corp., BAP No. NV-11-1728-DKiPa, NV-11-1737-DKiPa (Related appeals) (B.A.P. 9th Cir. July 6, 2012) Ruling:  The bankruptcy court did not abuse its discretion by …

banner-blog-netting

Fiduciary Duties of Members of Colorado LLCs

The limited liability company (LLC) enabling statutes in some states expressly set forth affirmative duties that LLC members owe to one another.[1]  Other state LLC enabling statutes expressly negate such duties.[2]  The Colorado Limited Liability Company Act[3] is silent as to whether LLC members owe a fiduciary duty to one another.  No published Colorado opinion has yet addressed this issue.  When …

banner-blog-clouds

Are Law Firms Keeping Pace With The Rate Of External Change?

Today, the Washington Post is reporting that the venerable law firm of Dewey & LeBoeuf has inched at least one step closer to bankruptcy.  Click here for the Post article.  If the firm cannot negotiate a merger with Patton Boggs or SNR Denton, the Post article suggests that the end is near.  And the departure of top-shelf partners from Dewey & …

banner-blog-street

A Survey Of State Law Regarding Forum-Selection Clauses

Introduction Often companies that contract with parties in various states are faced with litigation across various forums.  Being sued in federal and state courts across the United States can be expensive, time consuming and disruptive.  To help minimize this problem, businesses sometimes include in their contracts forum-selection clauses, which mandate that any litigation or arbitration be brought in a specific …