Business / Commercial Litigation

Fraud

BUSINESS FRAUD:

An intentional misrepresentation of important facts or failure to disclose important facts, causing the other party to rely and change their position to their detriment.

Elements of business fraud:

  • False representation of fact made by a person or corporation
  • Knowledge that the representation was false when it was made
  • An intention to get or induce the plaintiff to act or refrain from acting in reliance on the representation
  • Damage occurred to the plaintiff as a result of the reliance

CONSUMER FRAUD:

Consumer fraud occurs when, in the context of a business transaction, false statements of fact are made, the person or corporation making false statements knew that the statements were false when they were made, and that the other party in the transaction relied on the false statements to their detriment.

Examples of consumer fraud:

  • Insurance fraud
  • Mail fraud
  • Charity fraud
  • Digital fraud
  • Creditor fraud
  • Mortgage fraud
  • Telemarketing fraud
  • Investment fraud
  • Disaster fraud
  • Identity theft

Unfortunately, fraud has become common in today’s culture. The media reports identity theft, credit card fraud, investment scams, etc. nearly every day.

If you need strong courtroom advocacy in a financial or investment dispute, we are your team. Please contact us today to schedule a free consultation with one of our experienced trial attorneys.

Resources:
Stop Fraud Colorado – http://www.stopfraudcolorado.gov/

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Alan K. Simpson Discusses Trump’s Budget

 May 24, 2017

Alan K. Simpson Discusses Trump’s Budget

President Donald Trump unveiled his first federal budget proposal this week. Burg Simpson co-founder Alan K. Simpson isn’t a fan. In a discussion with CNBC’s Rick Santelli, the pair derided the optimistic growth projections in the $3.6 trillion budget as well as the hyper-partisan rancor that plagues Capitol Hill and prevents the parties from working… Read more »

New FDA Chief Expected to Take Action on Generic Drugs

 May 11, 2017

New FDA Chief Expected to Take Action on Generic Drugs

New U.S. Food and Drug Administration Commissioner Scott Gottlieb will almost certainly halt a long-awaited rule letting generic drug makers update warning labels, which would reopen the door for consumers to sue for a failure to warn them adequately. Michael S. Burg, a veteran Denver mass tort attorney and co-founder at Burg Simpson Eldredge Hersh… Read more »

Burg Simpson 2016 Verdict Ranks as One of Colorado’s Largest

 May 5, 2017

Burg Simpson 2016 Verdict Ranks as One of Colorado’s Largest

Law Week Colorado released its annual list of top verdicts for 2016 this week and a Burg Simpson case made the top 10. The $3.25 million personal injury verdict in Angela Rodgers and Jeff Nuttall v. The Hertz Corp. ranked as the eighth-largest jury verdict and third-largest personal injury in the state last year. After… Read more »

Tesla Liable - Denver Product Liability Attorney – Burg Simpson

 May 4, 2017

Was Tesla Liable?

When a product harms a consumer, the victim or surviving family has the right to file a product liability or a wrongful death lawsuit. These legal actions determine if the manufacturer of the product was negligent in designing, manufacturing or testing the product’s safety prior to release. When Tesla finally allowed the self-driving car onto… Read more »

Co-counsel – Colorado Insurance Bad Faith Lawyers – Burg Simpson

 April 12, 2017

Strong Co-counsel Can Crack Complex Cases

Edmund Burke once wrote, “Laws, like houses, lean on one another.” It’s a lesson more lawyers should take to heart. For newer, or even simply independent attorneys, it can make all the difference to find a more experienced lawyer to lean on and partner as co-counsel. Collaboration and referrals with other law firms can benefit… Read more »

Samsung Galaxy Note Banned - Colorado Product Liability Attorney – Burg Simpson

 April 6, 2017

Samsung Galaxy Note 7 Banned on Planes

Despite extensive pre-market testing, some unsafe products reach the market where consumers suffer unexpected, and sometimes serious, injury. Late last year, the U.S. Department of Transportation banned the Samsung Galaxy Note 7 smartphones, prohibiting travelers from carrying the phones on their person, in their hand luggage or in checked baggage – even if they were powered down.  Read more »

Neibert vs. Geico- Colorado bad faith insurance attorneys - Burg Simpson

 February 24, 2017

Burg Simpson’s Colorado Insurance Bad Faith Attorneys Help Win Fight to Strengthen Consumer Rights

Burg Simpson congratulates shareholders Thomas W. Henderson and Brian K. Matise and attorney Nelson Boyle for their great win. On behalf of the Colorado Trial Lawyers Association, these Burg Simpson attorneys submitted a pro bono “friend of the court” brief in Nibert v. Geico Casualty Co, 2017COA23. With their help, Colorado insurance consumers’ rights are… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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