Business Divorce and the Fine Art of Disappearing Assets: Can My Former Partner Un-Ring the Bell on Civil Theft By Returning What He Stole?
Published by Chipman Glasser on November 11, 2025 It is not uncommon in the context of a business dispute for one owner to sue the other for civil theft. In other words, business partners frequently accuse each other of stealing ...
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Non-Compete Agreements in a Business Divorce: What You Need to Know
Published by Chipman Glasser on September 29, 2025 When business partners part ways, the fallout isn’t just emotional—it can also be financially and legally messy. Disputes over money, clients, and future plans often flare up, and few issues spark more ...
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Untangling the Partnership Knot: What to Expect During a Business Divorce and Best Practices
Published by Chipman Glasser on July 18, 2025 In business, such as life, not all relationships last forever. And just as personal relationships can end acrimoniously, professional ones can too. When co-owners can no longer run their LLC or partnership ...
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When Company Directors Get “Ready to Rumble:” What Fellow Directors Need to Know
Published by Chipman Glasser on May 29, 2025 Director disputes are not uncommon in the business world and can arise in companies of any size—from a closely-held family business to a publicly-traded corporation. These disputes frequently stem from disagreements over ...
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Is Dexit Warranted? A Texas federal court recently underscored at least one good reason companies are voting to depart from Delaware.
By Daniel W. Glasser on May 16, 2025 For decades, Delaware has been regarded as the “go-to” forum for business formation, especially for publicly traded companies. The state’s Court of Chancery, a specialized court dedicated exclusively to business matters, has ...
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Bankruptcy Judge Turns Delaware LLC Law on its Head: A Lesson in LLC Management and the Risk of Member Insolvency
Published by Daniel W. Glasser on January 16, 2024 Introduction It is no secret that Bankruptcy can turn everything we know about the law on its head. And when that happens in the realm of limited liability company (“LLC”) governance, ...
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Ownership Standoffs: Can Courts Invoke “Equity” To Accommodate a Buyout? Or Should Legislatures Provide a Solution?
Published by Jennifer M. Osgood, Esq. on May 06, 2022 Traditionally, courts tasked with resolving irreconcilable differences between owners of a Limited Liability Company (“LLC”) had one primary tool available: judicial dissolution. Changes to the LLC laws in several states, ...
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Joint Venture Crimes and Punishment: One Court’s View
Published by Daniel W. Glasser on March 24, 2022 For litigators involved in limited liability company disputes, some legal issues are perennial. Chief among them is the question of whether members and managers owe fiduciary duties either to each other or ...
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My Business Partner Locked Me Out, What Now? Five Issues That Require Your Immediate Attention
By Jennifer Osgood and Daniel W. Glasser on January 12, 2021. Let’s say that you and a family member or close friend decide to start a business. You take the necessary steps to form the company. You sit down with ...
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Both Managers and Members of an Arizona LLC May Owe a Fiduciary Duty to the LLC
The question of whether managers and/or members of an LLC owe fiduciary duties to the LLC and/or other members of the LLC varies greatly from state to state. Unlike Colorado’s LLC Act, Arizona’s LLC Act does not expressly impose any ...
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Colorado Supreme Court Holds Economic Loss Rule Does Not Bar Civil Theft
DENVER, CO. – May 7, 2019 – Colorado Supreme Court Holds Economic Loss Rule Does Not Bar Civil Theft In a much-anticipated ruling, the Colorado Supreme Court yesterday settled a split among divisions of the Colorado Court of Appeals over ...
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Is Delaware Changing the Way it Looks at Rule 12(b)(6) Challenges in Business Cases?
DENVER, CO. – May 1, 2019 – Is Delaware changing the way it looks at Rule 12(b)(6) challenges in business cases? Recently, the Delaware Supreme Court has indicated a departure from years of Rule 12(b)(6) jurisprudence. Delaware Supreme Court Rule ...
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A Case Study In Business Divorce: Member Expulsion And Its Associated Hazards
By Daniel Glasser and James Kin The forced termination of any business relationship is painful. But the expulsion of a member from a limited liability company (an “LLC”) can raise additional challenges—especially where the rules of engagement are either poorly ...
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Smart Discovery and Litigation Strategies for Text Messages: Part 3
By E. Job Seese The previous two installments in this series addressed the pitfalls of conducting business communications via text messaging and outlined some practical measures that both individuals and companies can take in navigating the iWorld minefield. This ...
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Staying Smart in a Smartphone World: Part 2
By E. Job Seese The first post in this series discussed the pitfalls—and advantages—of conducting important business communications via text messaging. This second installment addresses some of the practical measures that individual businesspeople as well as companies can take in ...
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Staying Smart in a Smartphone World
By E. Job Seese NOTE: THIS IS THE FIRST IN A MULTI-PART SERIES. You, like the rest of the world, have learned the do’s and don’ts of conducting business by email. But what about texting, which has become the preferred ...
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Colorado Supreme Court Conforms Pleading Standard to Federal Practices
By Dean Shaffer The Colorado Supreme Court today, in Warne v. Hall, Case No. 14SC176, adopted the stricter civil pleading standard first applied by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Under the new standard, ...
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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 ...
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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 ...
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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, ...
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