Business / Commercial Litigation

Business Breakups – Denver Corporate Litigation Lawyer

When you’re starting a new business with a partner, the last thing you’re probably thinking of is how that partnership will end. Why would you? You’re just starting out but you should. According to the researchers at The Statistic Brain Research Institute, anywhere from 20 percent to 30 percent of startup partnerships end in a breakup. Breaking up a business is usually complicated and often emotional. Experienced, considerate counsel can make all of the difference between a prolonged, expensive litigation with a poor outcome, and a prompt reasonable resolution.

Disputes among co-owners of a business – whether they’re partners, members of a limited liability corporation or shareholders – can include disagreements over operating responsibilities, the division of assets and liabilities, ownership of intellectual property, future competition, and future ownership and management after break-up. Our attorneys will assist you in protecting your interests, help you understand any existing contracts, obligations and liabilities, and help you comply with the legal and regulatory requirements of dissolution.

If your business venture is threatened by an impending partnership dissolution, you need to speak with a Denver corporate litigation lawyer at Burg Simpson today by calling 303-792-5595.

There are few signs entrepreneurs can look for that might suggest a business breakup could be on the horizon, such as:

  • Communication breakdown: Communication is critical in any relationship, whether it’s personal or professional. When communication starts to break down – the emails taper off, the meetings fall off the calendar, and major decisions start to get made independently – it might be time to re-evaluate the partnership.
  • Fundamental differences: Disagreements aren’t unusual. They are an unavoidable part of every relationship. But when those differences become more blatant and when they infiltrate fundamental aspects of the partnership, such as long-term business goals and core values, they can make collaboration that much more difficult.
  • Disparity of workloads: Vaguely defined roles can often lead to a difference of work responsibilities. Maybe it’s one partner who can’t seem to delegate any responsibilities. Maybe it’s a partner who refuses to carry his weight, skipping client meetings or conference calls. Either way, when partners aren’t working together or sharing duties equitably, divisions can emerge, threatening the relationship.

If you think your partnership is at risk, talk with one of the Colorado commercial litigation attorneys at Burg Simpson as soon as possible. Call us now so we can help assess your situation!

Any knowledgeable business advisor will tell you the old adage is true when it comes to starting a business: Hope for the best, plan for the worst. It might sound counterintuitive, but when you draft your business plan, you should also map out your potential dissolution. It should be included in your original partnership agreement. This agreement – and exit strategy – should be drafted with multiple options in mind, such as a buyout clause, a replacement provision, or even a liquidation strategy, for a few example.

These plans shouldn’t be drafted on your own. Effective legal counsel is the only way to put together a reliable partnership agreement. If you’re about to enter into a partnership agreement, don’t sign anything without consulting an experienced Colorado corporate litigation attorney. Call us today at 303-792-5595 so we can ensure that you’re protected if the worst happens.

A Burg Simpson Denver Commercial Litigation Attorney Can Help

Resolving disputes, short of expensive litigation, is almost always preferable but we realize that’s not always possible. Because Burg Simpson’s Denver corporate litigation attorneys are well-known as trial attorneys, we bring that leverage and experience to your negotiations, helping you avoid and resolve disputes before they reach the courtroom, if possible.

When a business dissolution escalates to litigation, Burg Simpson’s experience, strength, and resources are available to powerfully advocate the client’s position to the judge or jury.

Call us today at 303-792-5595.

Burg Simpson Sues Feds over Floodwater Release

 October 17, 2017

Burg Simpson Sues Feds over Floodwater Release

Late one night in September 2013, after days of constant rainfall, the U.S. Bureau of Reclamation opened the floodgates of Olympus Dam in Larimer County, Colorado. More than 5,000 cubic feet of water per second rushed down the Big Thompson River, destroying several homes along the way. Overall, the flooding that year killed 10 people… Read more »

Michael S. Burg’s Hall of Fame Portrait Unveiled

 October 12, 2017

Michael S. Burg’s Hall of Fame Portrait Unveiled

Temple University unveiled Burg Simpson founder Michael S. Burg’s portrait in its Trial Lawyer Hall of Fame earlier this month. Michael attended the ceremony, where he expressed his concern for the future of the profession. “The framers of the Constitution and the Declaration of Independence understood the importance of the jury trial and how important… Read more »

Alan K. Simpson Supports Return to Civil Discourse

 September 28, 2017

Alan K. Simpson Supports Return to Civil Discourse

Over the last several years, the tone of American politics has become increasingly unpleasant, to put it mildly. It’s something Burg Simpson co-founder Alan K. Simpson wants to see change. One thing Simpson would like to see is lawmakers spending more time listening to their constituents. It’s something he made a priority during his own… Read more »

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

 September 27, 2017

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

Burg Simpson founding shareholder Michael S. Burg spoke with Reuters this week about the abrupt retirement of Equifax CEO Richard Smith following the credit reporting agency’s massive data breach. “They didn’t do anything to protect the consumers and their information,” Burg told the news service, “Then they attempted to keep people from being able to… Read more »

Minority Shareholders Have Rights – Colorado Corporate Litigation Attorneys - Burg Simpson

 October 4, 2017

Minority Shareholders Have Rights, Too

By definition, minority shareholders don’t have much say in how a company is run. They’re a lot like Delaware in a presidential election. But the law does afford them protections to prevent their rights from being trampled, while also granting remedies in case those rights have been violated. Minority shareholder rights are violated when the… Read more »

Appraisers’ Decision on Causation is Binding – Colorado commercial litigation lawyer - Burg Simpson

 July 21, 2017

Appraisers’ Decision on Causation is Binding

On July 19, the Iowa Court of Appeals held that the results of an insurance appraisal are binding and conclusive against the insurance company. In Walnut Creek Townhome Ass’n v. Depositors Ins. Co., 2017 Iowa App. LEXIS 722 (July 19, 2017), the court held that an appraisal award that determined the “amount of loss” to… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… 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 »

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?

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