Colorado Business / Commercial Litigation Attorneys

Commercial Litigation Frequently Asked Questions

Business and corporate litigation issues can be incredibly complicated, time-consuming, and frustrating. Deadlines are critical. Mistakes are costly. To make things a little easier for you, we have provided some answers to the more common questions we hear about in this area of law.

But do not allow this FAQ to be your only source of information about business and commercial litigation. Call us directly at 303-792-5595 or fill out a Free Case Evaluation form so that we can discuss the finer points of your particular case. Our Colorado commercial litigation lawyers are here to help.

We offer a number of flexible fee structures to meet the needs of our clients, consistent with the nature of the case. There are several types of attorney fee arrangements:

  • Time-based.
  • Fixed.
  • Contingent.
  • Combinations of these types of fee arrangements.

“Time based” arrangements include a fee that is determined by the amount of time involved in handling you case, such as a set amount billed hourly, daily or weekly. “Fixed” arrangements involve a fee that is based on a predetermined amount regardless of the time or effort involved – or the result obtained. “Contingent” arrangements are designed around an established percentage or amount that is payable only upon attaining a recovery, regardless of the amount of time or effort involved. Whichever fee arrangement is used, rest assured that we will work with you to arrive at the most appropriate fee schedule for your particular case. Call us today at 303-792-5595 so we can discuss your options.

Yes, just not at the same time. All too often in a commercial litigation case, both the plaintiff and the defendant are in similar situations. Typically, Burg Simpson acts as a plaintiff’s firm for traditional tort (wrongdoing) claims, so we are uniquely position to represent you aggressively in your business disputes. Because of our extensive experience, a deep personal commitment to our clients, and a passion for what we do, we are able to forge and maintain strong client relationships.

Traditionally, Burg Simpson is a trial firm. We try cases and our opponents know both our trial skills and the tenacity we display when we use them. We have learned over the years that the best settlements are reached when the opposing party knows we are ready and willing to go to all the way to trial. We are the “go to” firm for complicated cases that are often difficult to resolve. That does not mean we are not committed to finding creative solutions to secure the best possible result for our clients at the most reasonable cost.

Yes. We have substantial resources, more than 60 attorneys and dozens of skilled paralegals. We also have the decades of experience to handle the most complicated of cases. For example, we have tried securities cases, contract cases, business tort cases, as well as land use and zoning cases valued in the tens of millions of dollars. We are also trained and experienced in handling cases at both state and federal levels. Contact us today!

There are several steps you can take to prevent your business venture from ending up in a commercial dispute:

  • Work with competent transactional counsel when forming your company. Give considerable thought and discussion to how you establish your business so that your most important assets are protected. Additionally, it is never too early to start thinking about – and planning – your exit strategy, especially if you are setting up a joint venture.
  • Everything should be in writing. This includes good faith ethical standards, compliance programs, and retention policies. This could be detailed policies and procedures governing the hiring and termination of employees, for example.
  • Consult with your insurance broker regularly to ensure you have the appropriate policies and that they are up to date.
  • Make sure your records are detailed and meticulous – and not just of major agreements, but of things as minor as everyday correspondence and meeting notes. This practice alone can head off most business disputes.
  • Rely on your counsel when pursing any acquisitions, sales, or business deals.

If you are in the process of setting up a business, negotiating the purchase of a company, or simply caught up in a contract dispute, call the Colorado bad faith insurance attorneys at Burg Simpson today at 303-792-5595 to find out how we can help you and discuss your case FREE.

trophies

 February 13, 2020

Burg Simpson E-News: February 2020

Join Our Email List Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation FEBRUARY 2020 E-NEWS GOOD LAWYERS 5280 Magazine Recognizes Denver’s Top Lawyers for 2020 Burg Simpson Eldredge Hersh & Jardine is pleased to announce that Michael S. Burg , Peter W…. Read more »

 February 13, 2020

National Trial Lawyers Announces Top Lawyers for 2020!

National Trial Lawyers Announces the Top Lawyers for 2020! Burg Simpson is pleased to announce that the National Trial Lawyers Association has selected the Top 100 Attorneys and the Top 40 Under 40 Attorneys for 2020! The National Trial Lawyers Association is an invitation-only organization composed of the premier trial lawyers from each state or region… Read more »

 February 12, 2020

Mediation vs. Arbitration: Resolving Your Commercial Dispute

Mediation vs. Arbitration: Resolving Your Commercial Dispute Most commercial contracts have a provision stating that the parties will mediate disputes before taking the issue to arbitration or trial.  For those seeking to resolve a commercial dispute, it is important to know that litigation is typically expensive, time-consuming, public, and unpredictable. A trial’s outcome is always uncertain… Read more »

 February 11, 2020

Short-Term Healthcare Insurance & the Institutionalization of Post-Claims Underwriting

Jessica L. Derakhshanian and Shane C. Fulton, trial lawyers with Burg Simpson Eldredge Hersh & Jardine, recently published an article in the January edition of The Colorado Lawyer entitled Short-Term Healthcare Insurance and the Institutionalization of Post-Claims Underwriting. The article provides a review of short-term health insurance regulation over the last decade and analyzes the… Read more »

david-hersh-case-settlement

 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.

bike-crash-safety

 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

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