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Using Contractual Valuation Mechanisms To Reduce Risk

Companies frequently have to determine the value of interests, such as tangible property, stock or other corporate ownership interests, intellectual property, or the overall value of a business. In some instances, these determinations occur in the context of lawsuits. Recognizing the cost, uncertainty, and volatility associated with using lawsuits...

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Contract Provisions Regarding Recovery of Attorneys’ Fees Are Critical

A recent case from the Colorado Supreme Court-Planning Partners Int’l, LLC v. QED, Inc., No. 11SC961, 2013 CO 43 (Colo. July 1, 2013)-highlights the importance of contractual provisions providing for the recovery of attorneys’ fees, and the language used in those provisions. As many business owners and executives know,...

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Supreme Court Again Enforces Contract Arbitration Requirements

Many business owners and executives incorporate mediation and arbitration clauses into their contracts hoping to avoid lengthy, public, unpredictable, and costly lawsuits. Those decisions often make sense because disputes regarding complex and sophisticated commercial issues many times are resolved faster, more predictably, and more efficiently when an arbitrator or...

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Publicity Risk Associated With Lawsuits Continues To Increase

A recent article in the Denver Post (http://www.denverpost.com/ci_23295396/colorado-attorneys-bring-down-hammer-social-media-justice-youtube) brought to the forefront again the increased risk of adverse publicity that is associated with lawsuits in the age of the internet and social networking.  The article is a good reminder of how important it is for trial lawyers to pay...

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What Do You Mean The Contract Doesn’t Protect Me?

People doing good business generally think they can rely on contracts.  Thankfully, they usually can.  Unfortunately, what many in business don’t realize is that there are many times contracts are not enforced, or are not enforced in the way business people think they will be. Contractual obligations often are...

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