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Both Uber and Lyft must feel a bit vulnerable following a decision by Washington’s Supreme Court decision to allow the government to disclose data on what Seattle neighborhoods they serve. The ruling overturns a lower court’s decision to grant an injunction that sided with the transportation companies right to keep data secret.

The state Supreme Court, while agreeing that the data qualifies as trade secret material, sent Uber and Lyft back to the lower court, where they must now prove that public disclosure of their data is “clearly not be in the public interest and would substantially and irreparably damage a person or a vital government interest.”1 If Uber and Lyft cannot prove their case in the lower court, they’ll both lose trade secret status for their data.

Details, Claims and Allegations Surround the Ride-Share Trade Secret Case

trade secrets notebook

The following details, claims and allegations surrounding the ride-share trade secret case were gathered from recent news reports:2

What’s Next for Uber and Lyft?

We’re not sure ourselves, but their legal teams might start looking at some legal precedents to apply in their next appeal, if any are made. What this case does do, however, is wake up small businesses and growing companies of the governmental bureaucracy at work. They should especially be wary of having to submit information deemed proprietary or trade secrets in nature.

Contact a Denver Trade Secrets and Intellectual Property Lawyer at Downey & Associates, PC

Did you have an employee or contractor steal company trade secrets? Or are you being asked to provide information to a government agency with material your company deems proprietary and company trade secrets? Then contact the Denver Trade Secrets and Intellectual Property Lawyer with Downey & Associates, PC. We specialize in helping clients with sensitive legal matters involving intellectual property law. To schedule an appointment, call us today at 303-643-9399 or send us an e-mail.

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1“Uber and Lyft May Have to Disclose Seattle Data They Claim Secret, Supreme Court Rules” published in The Seattle Times, June 2018.

2“Ride-Sharing Services Lose Latest Trade Secret Battle” published in Labor Employment Perspectives, June 2018.

Have you ever wondered how safe your current (or a prospective) workplace really is? Well, the U.S. Occupational Safety and Health Administration (OSHA) has recently enacted a new compliance measure, requiring roughly 750,000 employers (which operate about 1.5 million workplaces) to submit detailed annual reports regarding work-related injuries and illnesses online as of 2017. This new rule is reportedly set to take effect this month.

The New OSHA Rule: A Look at the Details & Requirements

safety first signs

According to the new OSHA reporting rule, businesses that have more than 250 employees and/or at least 20 employees in high-risk positions are required to file these online reports every year.

The new rule also includes provisions stipulating that:

Pros and Cons of Reporting Workplace Injuries and Illnesses

OSHA officials are hopeful that this new reporting rule will improve workplace safety across the U.S. - and enhance employers' compliance with OSHA regulations (due to the increased transparency).

There are, however, various critics of this rule. These critics contend that:

Opposing these critics, labor unions and organizations generally embrace the new rule. As Christine Owens, executive director at the National Employment Law Project, has explained:

More than 4,800 workers were killed on the job in 2014; almost 3 million more suffered serious injuries... This is an unconscionable toll of workplace disease and death for a 21st-century economy, and OSHA must do all it can to improve the safety and health of America’s workers. 

Contact a Denver Business Attorney at Downey & Associates, PC

For experienced, effective representation in an employment law or other business dispute, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC have been providing exceptional representation for various business legal issues, including those related to OSHA compliance issues, contract negotiations, and corporate governance issues.

Our dedication to our clients, coupled with our extensive experience handling complex matters of corporate and real estate law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

Call our Denver business attorney today at (303) 813-1111, or email our firm using the contact form on this page.

From law offices based in Centennial, we serve clients throughout Colorado and the U.S.

Zillow is set to pay $130 million in one of the most contentious online real estate cases in history. Zillow has agreed to settle with Move, which operates Realtor.com for the National Association of Realtors (NAR), according to a Securities and Exchange Commission filing.

As the settlement agreement explains:

It is understood and agreed that this is a compromise settlement of disputed claims and counterclaims and potential disputed claims and counterclaims... This settlement agreement is solely the result of a good faith compromise and settlement between the parties. Nothing contained herein is or is to be construed as an admission by any of the parties of liability, wrongdoing, or responsibility, and the parties deny any such liability or wrongdoing and continue to disclaim such responsibility.

A Look at the Allegations & Details of the Case 

trade secrets notebook

The following details were gathered from news reports and the Securities and Exchange Commission filing:¹

“We are pleased to have reached an amicable resolution of this litigation,” Move said in a statement. “We look forward to putting the matter to rest and returning our full focus to simplifying the real estate process for consumers and the real estate professionals who serve them.”

Contact a Denver Real Estate Attorney at Downey & Associates, PC

If you have a real estate deal that needs legal representation or you have a business dealing that needs litigation, you can count on Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their real estate legal issues, litigation, and property taxes.

Our dedication to our clients, coupled with our extensive experience handling complex real estate matters, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

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1“Zillow to pay $130M to settle lawsuit with Move over alleged trade secret theft” published in Housingwire, June 2016.

employee handbook

Employee handbooks can be essential to establishing good, lasting employer-employee relationships. While employee handbooks can cover a lot of issues, however, the following are generally the most important topics to details in these handbooks:

  1. General employment info – This should provide an overview of the business, along with general employment policies, such eligibility for employment, employee records, probationary periods for employment, and disciplinary/termination procedures. If employees for a business are usually unionized or if they are commonly foreign workers, including specific information for these types of employees in this section is also generally advisable.
  2. Standards of conduct for employees – This aspect of employee handbooks should generally outline the dress and ethics codes for employees, as well as policies regarding schedules, attendance, punctuality, telecommuting etc. If a business is subject to specific regulations or ethical rules, these should also be explained in this part of the handbook.
  3. Workplace anti-discrimination and anti-harassment policies – If a business’ policies different from state or federal laws in any way, the differences should be explained in detail in the employee handbook. As part of this section, it’s also important to discuss reporting options for employees, as well as the general investigative procedures the business will use to look into discrimination- and/or harassment-based complaints.
  4. Safety & health issues – This aspect of employee handbooks should discuss how a business is compliant with the applicable OSHA regulations. It should also explain how employees are supposed to report work accidents, workplace safety hazards, etc.
  5. Employee compensation and benefits – With this section of employee handbooks, details regarding deductions for taxes, voluntary deductions for benefits and eligibility for overtime pay should be explained. Additionally, this aspect of employee handbooks should outline how and when performance reviews, salary increases, bonuses, etc. are administered (or available) per the company’s policies, as well as the various benefit programs offered by the company.
  6. Leave policies – This section should detail policies regarding family medical leave, military leave, and leave for any other reason, explaining how these policies are compliant with state or federal law.

Developing Employee Handbooks: More Important Tips

Contact Denver Business Lawyer Thomas E. Downey

For experienced help forming a business or resolving any business legal issues, contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses throughout the U.S. with the highest level of legal service for their litigation, property tax and business legal issues.

To learn more about our various services and how we can assist you, call us at (303) 813-1111 or email us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

When hiring staff to run a business, owners and managers can choose to take on their new hires as either employees or contract workers. Understanding the difference between these two types of staff can be crucial in appropriately classifying workers and, in turn, avoiding potentially costly disputes in the future.

What is an ‘Employee’?

types of employees

In general, workers who are employees will be those who:

According to the U.S. Department of Labor (DOL), which released guidelines for determining whether workers are employees versus independent contractors earlier this year, “most workers are employees under the FLSA [Fair Labor Standards Act].”

What is an ‘Independent Contractor’?

In contrast, workers who are generally considered to be independent contractors will be those who:

Why the Right Classification Matters: Limiting Business Liability

While businesses of any size can benefit from staffing a mix of employees and independent contractors, appropriately classifying each staff member, based on the nature of his labor (and the factors noted above), is essential.

This is because, when businesses misclassify workers – hiring them on as independent contractors instead of employees, they can be sued by the misclassified workers.

And when these lawsuits result in wins for the misclassified workers, businesses can be ordered to compensate workers for their:

Punitive damages may also be awarded in some worker misclassification cases.

Contact a Denver Business Attorney at Downey & Associates, PC

For experienced help resolving any business legal issue, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, property tax and real estate legal issues.

To find out more about our services and how we can assist you, contact our firm today by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

A business’ trade secrets can be the basis of success for that enterprise. While we’ve discussed what businesses can do to protect their trade secrets with new and departing employees in previous blogs, here, we will point out some of the primary ways to protect trade secrets in dealings with non-employees.

Protecting Trade Secrets in Non-Employee Relations

trade secret notebook

To prevent non-employees from exploiting your businesses trade secret(s), develop:

  1. Internal company security measures – First and foremost, there should be some standard operating procedures for how a company’s trade secrets will be preserved, who is responsible for this oversight and what actions will be taken to enforce these measures. Generally, such security measures can include (but are by no means limited to):
    • Process(es) for appropriately marking, storing and handling trade secret materials in order to maintain/protect their confidential nature
    • Process(es) for establishing and verifying access to trade secret materials
    • Process(es) for granting and providing access to trade secret materials
    • Process(es) for reminding/retraining employees on how to maintain trade secret(s)and their responsibilities for doing so
    • Process(es) for destroying extra/unneeded/outdated copies of trade secret documents or files.
  2. Preclearance procedures for other expressions of trade secrets – In addition to establishing internal security measures for maintaining trade secrets, businesses intent on protecting their secrets in non-employee relations should also develop process(es) for allowing trade secret-related information to be discussed or disseminated via presentations, white papers, etc. Effective and appropriate preclearance procedures can prevent imprudent disclosures.
  3. Confidentiality agreements for non-employee business relationships – Another piece of the puzzle to protecting trade secrets in non-employee relations is developing specific confidentiality agreements for relationships with independent contractors and other business entities. These agreements should be developed with the help of an attorney, as there may need to be special provisions added to these contracts, based on the nature of the relationship and the type of business or trade secret being protected.

Contact a Denver Business Lawyer at Downey & Associates, PC

For experienced help protecting business trade secrets – or going after those who have stolen or misappropriated business trade secrets, contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, and real estate legal issues.

To learn more about how Mr. Downey can help you, call our firm at (303) 813-1111 or email us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

Trade secrets and confidential information can be the backbones of businesses, and protecting this information can be pivotal to a company’s success and future. Among the various parties that interact with businesses – and that can have access to trade secrets and confidential business information – are a company’s employees.

Below, we’ll discuss how businesses can protect their trade secrets and other confidential information when it comes to employees, specifically focusing on some procedures that should be followed for new and departing employees.

Protecting Trade Secrets with New Employees

confidential sheet

When a business hires new employees, in addition to having the new employees sign a standard employment contract (and possibly a specific non-disclosure agreement), a human resources professional should meet with the new employees and do the following to ensure the company’s trade secrets are protected:

For Employees Who Are Leaving the Company…

Within five days of an employee leaving the company, a human resources professional should do the following to protect a company’s trade secrets and confidential information:

Contact an Experienced Denver Business Lawyer at Downey & Associates, PC

If you need help protecting your business’ trade secrets or taking action against any party that has illegally shared these secrets (or other confidential information), contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, property tax and business legal issues.

To learn more about your rights and options, as well as our various services, contact us by calling (303) 813-1111 or by emailing us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

The U.S. Department of Labor administers more than 180 million federal employment laws that impact about 10 million businesses and 125 million employees in the U.S. While a significant portion of these federal employment laws are focused on specific industries, there are some major statutes that are generally applicable to businesses operating in the U.S.

In this blog series, we will point out and summarize the 10 major federal employment laws that commonly impact U.S. businesses. If you need any assistance with resolving a business or employment-related legal issue, don’t hesitate to contact trusted Denver Employment & Business Lawyer Thomas E. Downey. He is skilled at successfully resolving even the most complicated business legal issues.

An Overview of Major Federal Employment Laws

1 – Fair Labor Standards Act (FLSA) for Wages & Hours

justice scales and court gavel

This federal statute essentially outlines the standards for paying wages and overtime, an issue that impacts most private and public businesses. In general, the FLSA:

2 – Occupation Safety and Health (OSH) Act for Workplace Safety

This federal employment law pertains to the conditions in most private and public industries. In general, the OSH Act:

3 – Workers’ Compensation Laws

lady justice desk statue and court gavel

While states have their own workers’ compensation laws, there are some federal employment statutes that can also impact businesses and workers, depending on their industry. In particular, some of the primary federal employment laws related to workers’ compensation issues include the following:

4 – Employee Retirement Income Security Act (ERISA)

This federal employment laws related to employee benefit security pertains to employers that provide pension and/or welfare benefit plans to workers. Under the terms of the ERISA:

5 – Labor-Management Reporting & Disclosure Act (LMRDA)

Also referred to as the Landrum-Griffin Act, this statute governs the relationship between unions and union members. In particular, the LMRDA:

6 – Federal Employment Laws Regarding Employee Protections

This body of federal employment laws puts certain protections in place for employees who end up blowing the whistle on their employers’ illegal activities. In particular, these laws:

Additional Major Federal Employment Laws Summarized

7 – Uniformed Services Employment & Reemployment Rights Act

While these summaries of major federal employment laws are informative, contact Denver Lawyer Thomas E. Downey for experienced help resolving your business legal issues.

While these summaries of major federal employment laws are informative, contact Denver Lawyer Thomas E. Downey for experienced help resolving your business legal issues.

This law provides protections for people who serve in the U.S. armed forces. In particular, this statute stipulates that individuals who serve in the armed forces or are called up from reserves or the National Guard have the right to be reemployed by the employer for whom they worked when they were called to service.

8 – Employee Polygraph Protection Act

With this federal employment law, U.S. employers are not legally allowed to use lie detectors (or polygraphs) on employees, except for in some very limited cases. In particular, this Act:

9 – Consumer Credit Protection Act (CPCA)

Under this federal employment law, employers are not legally permitted to fire employees because their wages have been garnished by creditors. Additionally, this law:

10 – Family and Medical Leave Act (FMLA)

This federal employment law pertains to employers that staff at least 50 workers and generally require that these employers grant as much as 12 weeks of unpaid, job-protected leave for childbirth, adoption or a serious illness (either that the employee himself or his spouse, parent or child has developed).

Denver Employment & Business Lawyer at Downey & Associates, PC

For experienced help with your business and employment legal needs, you can count on Denver Employment & Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation and business legal issues.

A choice to work with our Denver attorney can give you confidence that your important legal matters will be handled with expert care and attention and that we will work diligently to help you resolve your case as favorably and efficiently as possible.

When you are ready to start a small business, there can be a lot to do, and the choices you make now can impact you and the success of your business in a big way down the line. In this three-part blog series, we will reveal some the specific things that an experienced business attorney can do to help you start a small business and get it running.

If you have any questions regarding getting your business started or are ready for some professional and experienced help, you can turn to experienced Denver Business Lawyer Thomas E. Downey. He has the skills, knowledge and integrity you can rely on to help you position your small business for optimal success in the future.

Here’s How an Attorney Can Help You Start a Small Business

1 – Choosing a legal entity for your business

checklist for starting a business

One of the first and most critical decisions you will make as you start a small business will be to choose a legal business entity. In particular, you will need to decide whether to incorporate or, alternatively, form another type of business entity (like, for instance, a limited liability corporation). While there are various legal requirements for each option, your choice in a business entity can end up impacting:

By working with a lawyer as you start a small business, you can get the legal insight you may need to make the right choice upfront and, in doing so, position your business for success from the start.

2 – Devising Buy-Sell Agreements

Buy-sell agreements (or buy-out agreements) are essentially contracts between co-owners of a business that stipulate specific provisions for how the business will be impacted by certain “triggering events.” In particular, these agreements can specify what happens in the event that a co-owner of the business:

3 – Developing employment contracts

"start a business" post-it

If you will need to hire employees to help you start your small business, then having effective employment contracts in place now is a good move. As you develop employment contracts, just some of the important things you may want to consider include:

There may be various other important provisions to include in your business’ employment contracts, and working with a business formation lawyer can be extremely helpful to including all of the necessary provisions so you are protected as you start a small business.

4 – Filing a Patent

Filing a patent can be a time-consuming, complicated and expensive process that, depending on the nature of the patent, can take months or even years to conclude. So, if patenting an invention or idea is part of your plans for starting your small business, then it’s a smart idea to first consult with an experienced business lawyer who can advise you regarding whether pursing a patent is in your best interests or whether there may be better alternatives, given:

Additional Ways an Attorney Can Help You Start a Small Business

5 – Reviewing third-party contracts

man running down road at start line

Depending on the nature of your business, you may be signing various third-party contracts, such as vendor contracts, equipment lease contracts, distribution contracts, etc. Before you move forward and authorize any third-party contracts, make sure that you have an experienced business attorney review the terms of these agreements to ensure that:

6 – Minimizing the possibility of future business disputes

Ultimately, one of the more important reasons to work with a lawyer as you start a small business is to help you put protections in place now so that your business faces minimal liability and/or disputes in the future.

The bottom line is that, if you don’t plan appropriately upfront, your business could end up facing unnecessary costs and challenges; in the worst cases, a lack of appropriate planning could result in businesses never getting off the ground and/or their owners facing personal liability.

So, set yourself and your business up for success by consulting with an experienced lawyer now as you start a small business. An ounce of prevention now can certainly be worth tens pounds of cure later when it comes to the success of your enterprise.

Denver Business Lawyer at Downey & Associates, PC

If you need help starting a small business or dealing with any business-related legal issues, you can count on Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their legal issues. Our dedication to our clients, coupled with our extensive experience handling complex matters of business law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

A choice to work with our Denver business attorney can give you confidence that your legal issues will be handled with expert care and attention and that we will always work diligently to help. We have the integrity, experience and resources necessary to ensure that you will receive the highest level of personal service, the highest quality legal services and, ultimately, the best possible resolution to your important legal issues.

Contact Us Today

We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

In many cases, offers of employment are “at-will,” meaning that an employer can – at any time – end the relationship and let an employee go without cause or reason. Despite this fact, however, there are cases in which firing a person from his job may be illegal and, as a result, the wrongfully terminated person may be able to file a lawsuit against his employer.

In this blog series, we will highlight some of the specific grounds for wrongful termination lawsuits, as well as some of the important factors that people should keep in mind when they may be considering moving forward with such a lawsuit. While the discussions herein are general, you can easily obtain more specific info and professional advice regarding your case by meeting with Denver Wrongful Termination Lawyer Thomas E. Downey.

Common Grounds for Wrongful Termination Lawsuits

wrongful termination kick in the pants

1. Discrimination

Although employers may legally let employees go from their jobs for no reason (when employment is “at will”), it is against federal and state laws to fire someone because of their race, ethnicity, country of origin, gender or sexual orientation, age and/or disability. When such discriminatory practices are the basis of terminating a person’s employment, that person:

Because proving discrimination can be complicated and challenging – particularly when these cases may come down to an employee’s word against an employer’s story, it’s crucial to retain an experienced lawyer like Denver Wrongful Termination Lawyer Thomas E. Downey to advocate your rights in discrimination-based wrongful termination lawsuits.

2. Breaches of written or oral contracts

When employers have entered into written or oral contracts with employees for a term of employment, they are legally required to honor these contracts, and firing the employee who is a party to such a contract may constitute a violation (or “breach”) of these contracts.

For instance, an employer may enter into a contract with an employee that stipulates that the employee will be guaranteed a full-time job for a certain period of time. If the employer ends up firing the employee before this period of time is up, this will likely result in a breach of the employment contract (whether that contract is written or expressed) and can, consequently, be the basis of a wrongful termination lawsuit against the employer.

man fired from job and leaving with personal items

3. Retaliation against employees for exercising their rights

As we discussed in detail in a previous blog series, employees have certain rights in the workplace, including (but not limited to) the right to privacy, the right to a safe work environment and the right to blow the whistle on illegal actions of an employer. If or when employees choose to exercise their whistleblowing rights and report an employer to OSHA or some other authority for violating the law, it is illegal for the employer to fire that employee for making such reports.

Should employers ignore this fact and fire an employee as retaliation for blowing the whistle on some violation (such as a safety violation), that employee will likely have a wrongful termination claim and can sue his employer for various damages.

4. Firing an employee for taking legally permitted time off of work

By law, employees are permitted to take time off of work for medical leave, military obligations and certain other reasons. When employees exercise this right and end up being fired as a result by their employers, they can sue for wrongful termination.

5. An employer’s failure to follow certain procedures prior to firing an employee

Some employers may have specific procedures for taking disciplinary actions against employees prior to firing them; in many cases, these procedures are detailed in employee handbooks (or wherever an employer keeps official records of the company’s procedures, rules, etc.).

For example, an employer may stipulate that, as part of company policy, an employee who violates the rules will first get an oral warning; for subsequent violations, an employee may get written up and may have two chances to clean up his act prior to facing the possibility of being fired.

When such disciplinary policies are in place but employers fail to follow them (and, instead, fire an employee without any warning or appropriate disciplinary actions being taken ahead of time), this can be grounds for a wrongful termination lawsuit against the employer.

Additional Factors to Know about Wrongful Termination Lawsuits

man holding personal items after getting fired

While people considering moving forward with wrongful termination lawsuits will need to have a specific ground to file this case, they should also be aware of the following factors:

Denver Wrongful Termination Lawyer at Downey & Associates, PC

If you believe that your employer wrongfully terminated your employment, it’s time to contact Denver Wrongful Termination Lawyer Thomas E. Downey.

Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their employment-related legal issues. Our dedication to our clients, coupled with our extensive experience handling complex matters of employment law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

A choice to work with our Denver wrongful termination attorney can give you confidence that, at every stage of your case, your claim will be handled with expert care and attention and that we will work diligently to help you resolve your case as favorably and efficiently as possible.

Contact Us Today

We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

303-647-9399
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