Business Law

StinarZendejasBurrellWilhelmi-CovenantsnottoCompete-Colorado

Covenants Not to Compete in Colorado

With certain exceptions, Colorado law prohibits the enforcement of covenants not to compete.  The assumption is that the State of Colorado wishes to have its citizens engaged in gainful employment. Specifically, Colorado Revised Statute § 8-2-113 provides that “it shall be unlawful to use force, threats or other means of intimidation to prevent any person …

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StinarZendejasBurrellWilhelmi-BusinessandPersonalLiability

Ways to Minimize Your Businesses’ and Your Personal Liability

We live in a litigious society. We see news stories about the latest lawsuit, and how a jury awarded a zillion dollars for something that appears minor. (Paging, the McDonald’s My coffee is too hot award.) There are also social networking sites dedicated to spreading the word about frivolous law suits. (https://www.facebook.com/ColoradoLawsuitAbuseWatch?) Countless clients, after …

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StinarZendejasBurrellWilhelmi-FalseClaimsAct

False Claims Act

The average person has likely never heard of the Federal False Claims Act (the “FCA”). 31 U.S.C. §§ 3729 – 3733. Yet, it will likely touch the lives of most Americans directly or indirectly at some point. The FCA imposes liability on individuals and companies who defraud governmental programs and is widely used in the …

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StinarZendejasBurrellWilhelmi-ChoosingAnEntity

Choice of Entity

After recent tax changes, owners of small businesses face a question: Should the business continue to function as an S corporation, or should the entity revoke its election under Subchapter S of the Code? Despite a number of statutory constraints, conventional wisdom has generally favored an S corporation classification. An S corporation is a pass-through …

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