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Recent Posts in Business Litigation Category

  • A Colorado Business Litigation Lawyer's Recommendations: How To Spot A Ponzi Scheme

    Perhaps inspired by the “successful” financial scams of Charles Ponzi and Bernie Madoff, Denver area business man Shawn Merriman recently bilked investors over a three state area of more than $20 million dollars by promising unusually high returns on his victims’ “investments”. It turns out that the only investments Merriman was making on behalf of his victims were in his own lavish lifestyle. ...
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  • Using Plaintiff Injury Attorneys for Colorado Business Litigation

    More and more Denver businesses are recognizing the opportunities for hiring a plaintiff’s injury lawyer on a contingency fee basis for their business litigation needs. These high risk/high reward cases are being handled by injury lawyers because Colorado businesses understand that their recoveries will be maximized by seasoned litigators. Business litigation in Colorado follows a national trend. ...
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  • What is a Colorado Auditors "Due Diligence" Responsibility?

    About a week ago, in a post titled Colorado Business Litigation: Does Colorado Recognize a “Declaimer Defense” for Feeder Funds? I reported that sophisticated auditors for feeder funds sometimes rely upon disclaimers as a “pretend justification” for ignoring their due diligence responsibilities to their feeder fund clients. For example, the national accounting firm of BDO Seidman knew that its ...
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  • Legal Roadblocks of Colorado Business Litigation Feeder Fund Claims

    Ina previous blog post, Madoff’s Ponzi Scheme: Feeder Fund Liability, I discussed a Denver based investment firm who, as a feeder fund, found themselves tangled up in Madoff’s Ponzi Scheme. I would now like to look at some of the challenges of litigating these types of cases. Colorado business litigation suits against feeder funds include claims for fraud, negligence, and breach of fiduciary duty. ...
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  • Colorado Business Litigation: Does Colorado Recognize a "Declaimer Defense" for Feeder Funds?

    One of Madoff’s victims was a feeder fund named Ascot Partners. New York Law School invested $3,000,000 of its endowment funds in Ascot. When Madoff’s scheme fell apart, Ascot was unable to repay New York Law School its $3,000,000 investment. In recognition of the substantial legal and practical roadblocks to a lawsuit against Madoff and the feeder fund Ascot, New York Law School instead sued BDO ...
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  • Why You Need a Contingent Fee Lawyer for Your Colorado Business Litigation

    In previous blog posts, Colorado Business Litigation Risks & Colorado Business Litigation Risks, Part II, I listed some of the risks for a corporation that hires an hourly fee lawyer to handle its “high risk/high reward” commercial litigation. I pointed out that prudent corporations understand the risk of losing the case and should not be saddled with huge attorneys fees on top of that loss. Smart ...
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  • Colorado Business Litigation Risks, Part II

    In a previous post about high risk and Colorado business litigation, I reminded companies who hire lawyers by the hour of the substantial expense of that arrangement as well as the potential conflict of interest between the business and its lawyers. Now, let’s look at a couple of other risks. Risk #3: Lack of courtroom experience. The law firm who bills you hourly often has a bunch of junior ...
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  • Colorado Business Litigation Risks

    When one company sues another in a dispute involving lots of money with an uncertain outcome, what kind of law firm should the company hire? Some Colorado businesses think (unwisely) they always need a traditional business law firm. These traditional law firms bill by the hour, even by the minute! And in a complex case, those hours add up quickly, with no assurance of any recovery. In a case where ...
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