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Corporate Law James W. Bain |
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Even parties with the best of intentions get into disputes, and partners or shareholders in close corporations are not immune from this. We often represent one of the owners, or the entity itself, to resolve such disputes, whether through a sale, litigation or other means. When valuation of the entity is the issue, we have substantial experience working with economists and accountants to determine a company’s value. Our attorneys, and particularly Partner Wes Howard, have represented both claimants and respondents in scores of security arbitrations. Those arbitrations involve both public and private financings. Mr. Howard has handled disputes before the American Arbitration Association, the National Association of Securities Dealers and the New York Stock Exchange. He has appeared in courtrooms or arbitration hearings in Colorado, Texas, Nebraska, Montana, New Mexico and California regarding financings and securities issues. In addition to representing claimants, we have handled disputes regarding underwriters, officers, directors and other professionals regarding allegations of securities fraud and related misconduct. We have developed an effective method for case preparation based on creative and thorough preparation to maximize the chances of a successful result. Business Torts, Fraud, Director & Officer Duties Our firm’s experienced litigators have prosecuted and defended breach of fiduciary duty, fraud, misrepresentation, negligence and other business tort claims. Our attorneys’ experience in this area is broader than our typical real estate or construction client – we also have advocated for manufacturing, agricultural, financial services and other professional clients. Partner Wes Howard is particularly experienced in defending directors and officers of for-profit and non-profit organizations from allegations of fraud, breach of fiduciary duty and other malfeasance. Whether the subject matter of the contract dispute is sales of goods or of a business; the provision of services; or the lending of capital, our litigators are experienced in prosecuting as well as defending claims. Such claims may center on money damages. They can also result in injunctions (orders that a party must do or stop doing some act) or awards of attorney fees and costs. Contract claims may also result in arbitrations instead of court cases. Our litigators have the knowledge and the judgment to strongly advocate for our clients in either settling their contract issues or effectively presenting them to judges, juries or arbitration panels. Employment/Labor/Trade Secrets In the current economic climate, employment and trade secrets issues are more important than ever. Our attorneys help resolve employment and trade secrets disputes for both employers and employees. Our lawyers have successfully dealt with issues involve claims of wrongful termination, non-compete or non-disclosure questions, issues regarding stock options or other benefits, discrimination claims, or other personnel issues such as policies and procedures, insurance or work environment issues. Whether trade secrets issues arise under statutory or common law protections or require zealous representation of employers, contractors, or employees, our lawyers have experience to help clients avoid or resolve disputes in a cost-effective manner. Our lawyers have successfully brought and consulted on a variety of cases involving insurers' denials of claims under insurance policies. Colorado's statute setting and enforcing standards for the good faith conduct by insurers in handling claims makes this type of litigation even more important than ever to businesses and individuals who believe have been improperly denied the insurance benefits to which they are entitled. Wes Howard has published and spoken to local and state-wide groups of attorneys on insurance issues and has personal experience in prosecuting such claims and obtaining substantial payments for clients who have been mistreated by their insurers.
7315 E. Orchard Road • Suite E400 • Greenwood Village, CO 80111
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