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01 — Business & Commercial Litigation
Business & Commercial Litigation
The firm's largest practice. We represent Colorado businesses on both sides of commercial disputes — and we spend a meaningful amount of time talking clients out of the ones that aren't worth having.
What we handle
- Breach of contract and warranty. Supply agreements, distribution and dealer terminations, services contracts, indemnity disputes.
- Shareholder, member, and partnership disputes. Oppression claims, deadlock, valuation fights, derivative actions, and negotiated buyouts.
- Trade secrets and restrictive covenants. Misappropriation claims, non-compete and non-solicit enforcement and defense, departing-employee investigations.
- Business torts. Tortious interference, fraud and misrepresentation, civil theft, unfair competition.
- Emergency relief. Temporary restraining orders and preliminary injunctions, which frequently decide the practical outcome long before any trial.
- Commercial collections and creditor's rights where the amount justifies the effort.
How we approach a case
The first question we ask is not whether you can win. It is what winning is actually worth, net of the cost of getting there and the eighteen months of your attention it will consume.
That assessment happens at the beginning, in writing, and it gets revisited as the case develops. A claim worth $180,000 that will cost $140,000 to try is not a claim worth trying, and you deserve to hear that from your own lawyer rather than discover it in year two.
When a case should be fought, we fight it properly — early motion practice, real discovery, and a trial posture from the outset, because opposing counsel can tell the difference between a firm preparing for trial and a firm preparing to settle on the courthouse steps.
Emergency and injunctive relief
Some disputes are decided in the first two weeks. An employee leaves with a customer list, a partner locks you out of the company bank account, a competitor starts using your process — in each of those, the practical outcome usually turns on whether anyone obtains a restraining order, not on what a jury eventually concludes.
If you are in one of those situations, call today. These applications require affidavits, evidence, and a brief assembled quickly, and the window closes faster than most business owners expect.
What it costs
Most commercial litigation is hourly, with rates disclosed in the engagement letter before any work begins. We also offer:
- A flat-fee case assessment — we review the contract and correspondence and give you a written evaluation of the claim, the likely cost, and whether to pursue it. Many clients use this and go no further, which is a legitimate outcome.
- Staged budgets by phase, so you are approving expenditure at each stage rather than watching a total accumulate.
- Contingency arrangements in select matters where the claim is strong and the recovery is quantifiable.
We will not quote you a precise total for a contested case at the outset. The largest single cost driver is how the other side chooses to litigate, and that is not knowable in advance. Any firm that gives you a confident number is managing your feelings rather than your budget.
Common Questions
Questions clients ask first
How long will this take?
A commercial case tried in Colorado state court commonly runs twelve to twenty-four months from filing. Matters resolved through negotiation or mediation often finish in a fraction of that. This is the strongest practical argument for assessing settlement posture early rather than after both sides have spent six figures establishing their positions.
Can I recover my attorney's fees?
Sometimes — where a contract contains a fee-shifting provision, or where a specific statute allows it. Absent one of those, each side generally bears its own fees in Colorado. This is worth checking in the contract before you decide whether to sue, and it is the first thing we look for.
Is our non-compete enforceable?
Colorado has significantly restricted non-competes by statute, and a great many agreements drafted before those changes are unenforceable as written. Whether yours holds depends on the employee's compensation level, the interest you're protecting, and the drafting. Have the specific agreement reviewed — general assumptions are wrong in both directions here.
Should we mediate?
Usually yes, and usually earlier than the parties want to. Mediation costs a fraction of a trial and resolves a substantial majority of commercial disputes. Agreeing to mediate is not a signal of weakness, though it is frequently mistaken for one.
Our matter was handled by another firm. Will you take it over?
Yes, subject to a conflict check and a review of the file. Changing counsel mid-case has real costs — the new firm has to learn what the old one already knew — so we'll give you an honest view of whether it's warranted before you commit to it.
Consultation
Tell us what you're dealing with.
A short call establishes whether we're the right firm for the matter and whether there's a conflict. No charge, and no obligation on either side.