Posts

Corporate Transparency Act Creates Trap For Unwary

Starting January 1, 2024, small corporations, LLCs, and similar entities are required to report beneficial ownership information to the Treasury’s Financial Crime Enforcement Network (FinCEN). The penalty for failure to file is up to two years in prison and $10,000. The deciding factor appears to be if the entity was created by filing a document […]

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Margarita Fever – Buying Real Estate in the Land of the Fideicomiso (Mexico)

Coloradoans are getting Margarita Fever. A trip to the Mexican sun coast. Warmth, salt air and a whiff of humidity. A yearning for a piece of Mexican paradise warms the body while a little tequila whispers soulfully that it is the right thing to do. Why A Fideicomiso? Foreigners cannot directly own Mexican real property […]

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One-Sided Contract Clauses

Most contracts never get reviewed by a lawyer before they are signed. Here are few contract clauses that catch my eye – and they should catch your eye, as well. Whether the clause is a favorable or unfavorable addition to the contract depends on each, individual situation.

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Regulating Short-term rentals in your Colorado Community

Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days.  Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. While that may seem like an appealing way to make money for […]

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Copyright and Facebook

Have you used Facebook to break the law? Probably. Your slippery descent into the criminal underworld starts so innocently. Post a funny video.  Share a good song.  Upload a comic found on another site. These are all everyday Facebook activities. They may also be copyright law violations. Most people have a hazy understanding of what […]

Closely-Held Business

The following are general definitions. Any particular term may be defined differently by a particular statute, case law, or the definitions section of the document in question. Consult legal counsel before acting on any information contained in this website.

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Exculpatory Agreements: Are They Enforceable?

What is an Exculpatory Clause? Today, virtually every form contract contains an exculpatory clause. An exculpatory clause is a clause in the contract that strictly limits the liability of one party. For example, if you rent skis from a local ski shop, the contract may contain an exculpatory clause limiting the liability of the ski […]

Interpleader: Your New Best Friend?

Are you involved in a dispute over money or property? Are you sure that you in the right? Either way, be careful. Giving that property to another person may not resolve the dispute. Keeping the property can expose you to breach of contract, theft, conversion and a host of other claims. In this situation, interpleader may be the answer.

Are Colorado Noncompete Agreements Enforceable?

Jobs are hard to come by these days. Colorado employers routinely request Colorado employees to execute noncompete and nondisclosure agreements. The general rule is that Colorado noncompete agreements are not enforceable except for certain limited but important exceptions.

Trade Secret and Confidentiality Agreements

Trade secret and confidentiality agreements are typically reserved for high paying jobs or jobs in fields requiring certain expertise. However, it is not just salespeople, managers and executives that possess confidential information. Employers may want to consider having all employees execute trade secret and confidentiality agreements to protect valuable company information.