Denver Business Law Attorney
You are in business to make money, not to deal with pesky legal issues. A solid corporate foundation is essential for the continued health and longevity of any business. The business law attorneys at Evans Case can help you grow, protect, or sell your business. We provide a broad range of corporate legal services, ranging from the formation of corporations to complex commercial transactions.
At Evans Case, we also act as general counsel for numerous companies. We help them evaluate their options and ensure their rights are protected. If you or your company are in need of a business law attorney, come see why Evans Case is trusted to provide outstanding legal support in business cases all over the Denver area. Here are some of the following areas in which we are able to offer our expertise:
Employee Dispute Resolution
Employee disputes are an unwanted interruption that can disrupt the operations of your business and negatively impact the work environment. There are several different types of disputes that may arise in the workplace, including:
- Wrongful Termination: Wrongful termination is when an employee is fired in violation of federal or state laws, or in breach of their employment contract. Wrongful termination claims are among the most common employee disputes. This can be due to discrimination, whistleblowing, taking family or medical leave, and more. The state of Colorado has multiple laws in place to protect employees from wrongful termination. The Colorado Anti-Discrimination Act (CADA) is designed to protect employees who have been wrongfully terminated for discriminatory purposes. The federal Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) also offer protections for employees who have been wrongfully terminated.
- Discrimination: Discrimination in the workplace occurs when employees are treated unfairly or unfavorably based on their race, gender, religion, age, nationality, disability, or sexual orientation. Colorado handles thousands of workplace discrimination complaints annually. Discrimination is prohibited under federal laws, like the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Employers that are found to have discriminated against their employees will generally face penalties like back pay, which is payment for previously completed work that is owed to an employee, reinstatement, compensation for pain and suffering, or punitive damages.
- Harassment: Any unwelcome, intimidating, or offensive conduct in the workplace is considered harassment. Harassment, like discrimination, can be based on race, age, disability, and more. The most common form of harassment in the workplace is sexual harassment. 1 in 3 women claim to have experienced sexual harassment in the workplace in their lifetimes. A study by the Harvard Business Review found that 71% of people who have experienced sexual harassment in the workplace did not report it. This is most likely due to fear of retaliation or concerns about damaging careers. Federal and state laws like the Civil Rights Act and CADA are in place to help protect employees from any kind of harassment faced in the workplace.
- Wage and Hour Violations: Wage and hour violations take place when an employer does not comply with laws regarding minimum wage, overtime pay, meal or rest breaks, and other wage-related issues. If an employer is found to be in violation of wage and hour laws, they may be required to pay back wages. In some instances, they may even face a class-action lawsuit if multiple employees were affected by their wrongdoing. The state of Colorado handles plenty of wage and hour disputes every year, and has state laws in place like the Colorado Wage Act and Minimum Wage Order to help protect workers.
- Workplace Safety: When employers are not provided with a safe working environment and are prone to injuries or illnesses, workplace safety disputes often arise. The Occupational Safety and Health Administration (OSHA) has standards in place designed to ensure safe working conditions for employees. There are thousands of OSHA violations each year. The Colorado Department of Labor and Employment (CDLE) is tasked with investigating claims of workplace safety violations in Colorado. Employers who fail to provide a safe and healthy work environment for their employees can face serious consequences, such as hefty workers’ compensation costs, fines, and possibly even lawsuits from injured employees.
Whatever the employee dispute may be, it can have serious legal and financial consequences for your business. It is important to make sure that your business is compliant with state and federal laws and that it is protected in the event of any potential disputes. The business law attorneys at Evans Case can provide legal guidance for any employee disputes that your company may be experiencing and help protect the rights of both employees and employers. Contact us today to see how we can help you and your business handle these complicated challenges.
Real Estate Purchases & Sales and Lease Negotiations
Whether you are buying, selling, or leasing a commercial property, there are always legal and financial considerations to be aware of. A business law attorney will be able to offer you comprehensive legal support to ensure that your
real estate transactions are as smooth and effective as possible. Here are some of the ways in which you can benefit from having an experienced business law attorney by your side:
- Purchases and Sales: There are often complex contracts involved in commercial property transactions. It is important to make sure that all legal aspects are addressed to protect you and your business throughout the transaction.
- Lease Negotiations: A business law attorney can help draft and review all lease agreements to make sure the terms are fair and favorable to both parties, and that both parties are protected throughout the duration of the lease. Leasing commercial property requires careful negotiation of terms, including rent, lease duration, maintenance responsibilities, and renewal options.
- Dispute Resolution: Throughout the course of a commercial real estate transaction, disputes can arise over things like breaches of contract, zoning issues, or property defects. A business law attorney can help resolve disputes and identify any potential issues that may bring up disputes in the future as well.
Buying, selling, and leasing commercial properties can be a complicated endeavor that is full of legal and financial challenges. The team of business law attorneys at Evans Case is able to assist in making sure that all contracts are legally binding and protect the interests of all parties involved.
Litigation Defense
Legal disputes can be detrimental to your business’ reputation and daily operations. It is important to be prepared and to have skilled legal defense at your side to protect your business and minimize disruptions. Business law attorneys can help you overcome some of the complex legal challenges that come with running a business.
Different Types of Litigation
Contract Disputes: One of the most common reasons for business litigation is contract disputes. Contract disputes arise when one party has breached the terms of a contract. This can be for any number of reasons, such as disagreements over payment terms, delivery of goods or services, non-compete clauses, confidentiality agreements and more. Resolving contract disputes typically involves a detailed examination of the contract and circumstances leading up to the alleged breach of contract.
Employment Issues: As we touched on earlier, there are a number of different reasons why an employment dispute may arise. The most common causes for employment issues include wrongful termination, discrimination and harassment, wage and hour violations, or any other employment law violations. These cases go beyond company policy and often involve state or even federal laws that may require the knowledge of an experienced business law attorney.
Intellectual Property Infringement: Intellectual property infringement refers to the unauthorized use of somebody else’s copyrighted work and involves both copyright infringement and patent infringement.
Copyright infringement is the reproduction, distribution, or unauthorized use of a protected work. Distributing unauthorized copies of movies, music, software, and more is considered piracy. Copying and selling printed works like books or artwork without the author’s consent is considered unauthorized reproduction.
Patent infringement occurs when somebody attempts to manufacture, sell, or use a patented invention without permission from the patent holder. This can include using a patented method or process, manufacturing and selling a replica of a product, or selling certain components of a patented invention.
Other forms of intellectual property infringement include stealing trade secrets, breaches of confidentiality, copying design, software piracy, and more. An experienced business law attorney like those at Evans Case can help identify any cases of intellectual property infringement and assist in preventing any future cases. Your intellectual property is valuable and we are here to help you fight to protect it.
Product Liability: Product liability is the responsibility that manufacturers take for their products if they are to cause harm to a consumer. Businesses can and often do face litigation for products that are harmful to their consumers. It is the responsibility of the manufacturer to make sure their products meet the required safety standards. Claims of product liability are often based on defective design, manufacturing defects, or inadequate warning or instructions for the product. To successfully defend against a product liability claim, the manufacturer must demonstrate that the product met safety standards and the harm was not due to the negligence of the business.
Shareholder Disputes: Conflicts between shareholders can lead to litigation, especially in closely held companies. This includes duty of care, breaches of fiduciary duty, disagreements over dividend and stock valuations, and conflicts of interest. Effectively defending against a shareholder dispute requires an in-depth knowledge of corporate governance and shareholder rights.
There are a number of reasons why a business or company may be facing litigation. Whatever the reason may be, it is important to stay prepared and have experienced legal counsel at your side. The business law attorneys at Evans Case are well-versed in the world of business litigation and can offer outstanding legal support for your company.
Establishing a Corporation or LLC
The state of Colorado offers a number of different business structures for new businesses. Choosing the right business structure for your company is an important step in protecting your assets and operating efficiently.
Corporations
A corporation offers a high degree of liability protection. Shareholders are not personally liable for the debts or other liabilities of the corporation. Their liability only extends to the amount they have invested in the corporation.
Other Important Characteristics:
Legal Entity: A corporation is a legal entity separate from its owners. It may enter into contracts, own property, and sue and be sued in the name of the corporation itself.
Management Structure: Corporations do have an ascertainable structure, with a board of directors that oversees major decisions and officers who manage the business in day-to-day activities.
Taxation: Corporations can either be C corporations, where they face double taxation, or S corporations, where pass-through taxation could avoid this.
Regulatory Requirements: Corporations come under rigorous regulatory requirements, ranging from annual meetings to keeping records and reporting.
Limited Liability Companies
LLCs provide liability protection limited to the owners, similar to a corporation. Members are not personally liable for debts and obligations of the LLC. They have what is known as limited liability, meaning they are only liable for their investment in the company.
Characteristics:
Legal Entity: A Limited Liability Company is a legal entity separate from its owners, enjoying the same extent of legal protections as a corporation.
Management Structure: Perhaps one of the most formidable management structures offered by an LLC is flexibility. It could be either member-managed, where all members are involved in running the business, or manager-managed, where some managers operate the business upon delegation of authority by its members.
Taxation: By default, LLCs provide for pass-through taxation, wherein the business profits or losses are stated in the personal tax return of the owners, thus avoiding double taxation. However, the LLC can choose to be treated like a corporation for taxation purposes.
Regulatory Requirements: One of the major advantages of an LLC is that, compared to corporations, it does not have as many formalities and is easier to maintain; it has fewer and simpler regulatory and reporting requirements.
Sole Proprietorships
The sole proprietorship does not protect liability. The owner is personally liable for all debts and other obligations of the business, which exposes personal assets to be used to pay off business liabilities.
Some of these key characteristics are:
Legal Entity: A sole proprietorship is not a legal entity different from its business owner. It remains the same legally.
Management Structure: The management structure is such that the owner has complete control over the business and makes all the decisions.
Taxation: The business income is reported on the owner's personal tax return, and he pays personal income tax on the profits. The business income is not distinguished from personal income.
Regulatory Requirements: Sole proprietorships are not subject to much reporting and regulatory requirements; hence, they are easy to form and run at very affordable costs.
Partnerships
Partnerships have varying liability protection, depending on the type of partnership. These include:
General Partnerships: Partners are equally liable for all debts and obligations of the business. Personal assets are at risk.
Limited Partnerships (LPs): The liability of limited partners is limited to the amount they have invested in the business, general partners remain personally liable.
Limited Liability Partnerships (LLPs): Protect all partners with liability, similar to that of an LLC.
Key Characteristics:
Legal Entity: A partnership does not generally have an existence at law as an independent legal entity (save LLPs). Members and partners are generally personally liable for all debts of the business (save limited partners in an LP and all partners in an LLP).
Organizational Structure: All partners in general partnerships participate in management. In the case of limited liability partnerships, the general partners make decisions, while the limited liability partners usually have no management authority.
Taxation: The basic form of taxation for partnerships is pass-through. The profits and losses are therefore reported on the partners' personal tax returns, avoiding double taxation.
Regulatory Requirements: These, compared to corporations, are few; however, they do have to abide by any state regulations that may apply and make annual reports of their activities.
The business law attorneys at Evans Case are well prepared to assist in choosing the right business structure for your company. We will help you weigh the pros and cons of liability protection, taxation, management, and more as they relate to your business. We strongly encourage you to consult with our business attorneys before establishing your Denver corporation or LLC.
Selling Your Business
The sale of a business involves numerous legal and financial considerations. It can be extremely beneficial for one to have experienced legal counsel in order to execute a successful sale.
Preparation for Sale: Preparation involves keeping your financial records in good order, addressing legal issues, and enhancing business value. Business law attorneys make sure your business is in the best shape for selling.
Negotiation and Sale Process: The selling process involves negotiation of terms, drafting the sale agreement, and due diligence. Business law attorneys move to protect your interests in these processes by ensuring that the terms are to your advantage and legally binding.
Post-Sale Considerations: There may be further ongoing legal obligations with regard to non-compete agreements or transition support following a sale. Business law attorneys will help in going through post-sale considerations that ensure smooth transition.
Business law attorneys in Denver can give tips on how to sell a business successfully and profitably. The team of attorneys at Evans Case can provide invaluable advice and support throughout the sale process.
Estate Planning for Business Owners
Estate planning is critical to ensuring the protection of your personal and business assets and that your wishes are followed after death.
Wills and Trusts: Preparing a will or trust shall allow you to provide for who will receive your assets upon death and who will manage your estate. The business law attorneys will help in drafting such documents to ensure they are legally binding and follow your exact wishes.
Power of Attorney: A power of attorney allows a person to make decisions for you in the case of incapacitation. This is most important in terms of your personal and business affairs.
Healthcare Directives: Healthcare Directives consist of your medical wishes and who will make the medical decisions on your behalf. Business lawyers help draft such documents so that your wishes are adhered to.
Our team of Denver business law attorneys can help in estate planning for business owners . We are here to help you protect your personal and business assets in accordance with your best wishes.
Our business law attorneys are able to help a business through all stages, from formation and growth to dispute resolution and succession planning. Our expertise will help make sure that your business is able to navigate the legal environment with assurance of success in the long term.
Success Stories
- We represented a client who found a struggling company near bankruptcy. We helped establish a Limited Liability Company (LLC) and arranged the purchase of the assets, including trade names, phone lists, and customer lists. Our client grew the business over the next two years and then sold it. We helped draft the sales documents and our client made more than $1 million in profit.
- A client came to us when they were expanding their business. We helped them set up three corporations and then handled the buyout of internal partners. The owner continued to grow the business, calling on us for a variety of legal needs. When the owner decided to sell the business, we were there to help draft, revise, and review the sales documents. The company was sold to a national organization for more than $10 million.
Call Evans Case Today to See How We Can Help Keep Your Business Running Smoothly
Running a business is not easy work. As we mentioned earlier, you are in business to make money, not to deal with legal challenges. The team of business law attorneys at Evans Case is here to help protect you and your business, regardless of what issues come up along the way. Whether you are dealing with litigation, or you are just starting up a new business altogether, come see how our business law attorneys can help you get your business running effectively and smoothly.
Call us today to schedule a consultation.
