Business Litigation Lawyer
- Pleadings Stage. In order to commence a civil action, a plaintiff will file a complaint with the Court and serve it on one or more defendants. The complaint outlines the factual basis of a plaintiff’s cause of action, and lists the legal claims being raised against a defendant. In response, a defendant generally must either move to dismiss the complaint or file an answer, in which a defendant admits or denies each allegation in the complaint and raises what are known as affirmative defenses. If the defendant has claims against the plaintiff, it can raise counterclaims as well, to which the plaintiff must then respond. Just as a plaintiff has the burden of proving its claims, a defendant has the burden of proving affirmative defenses. An example of one well-known affirmative defense is that a plaintiff has failed to bring its action prior to the expiration of the applicable statute of limitations. Once the pleadings stage is complete, the case is “at issue,” and we move to discovery.
- Discovery. Discovery is the longest phase of a civil case. At the outset, each party must identify individuals who might have relevant information and produce documents which are relevant to the case. Then, each party gets an opportunity to make various requests for additional information upon the other, as well as take oral deposition testimony of witnesses. Further, the parties may use the power of the court to issue subpoenas to third parties who might be in possession of relevant documents. If certain claims in the case require expert testimony, the parties may also conduct discovery on those experts.
- Pre-trial. When discovery ends, the parties must prepare for trial. This means presenting complex evidentiary issues to the court, as well as working on how best to present a compelling narrative to a judge and/or jury through testimony and documents. In more complex cases, this can also involve the submission of trial briefs, which offer the court the parties’ arguments on the legal issues presented.
- Trial. The big day (or days). At trial, the parties present their respective cases to a judge or jury, who will make determinations concerning disputed issues of fact and determine whether the plaintiff prevailed on each of its claims, as well as determine the amount of damages owed by a defendant if that defendant is found liable of any claim or claims.
- Post-trial. In many cases, there are legal issues which must be addressed. For example, if a winning party is seeking recovery of its attorneys’ fees, this is commonly a post-trial determination. Conversely, a losing party may move the court for a new trial in limited circumstances. If a losing party believes that the trial court erroneously applied the law, then that party may have grounds to lodge an appeal to the higher court. This, however, is a separate process with its own timeline.
- Civil theft and conversion
- Tortious interference with contractual relations
- Defamation and related claims
- Breach of fiduciary duty
- Invasion of privacy
Noncompete & Trade Secret Agreement
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Reviews And Testimonials
Client satisfaction is our highest priority; just ask our clients.
Jay was calm, encouraging, and developed a brilliant and simple strategy on how to get my money back. His strategy was successful. I got a 100% refund, and additional negotiations yielded additional benefits.Bradley C.
Jay Hermele and his team fought for me and recouped my money that I lost to a corrupt business partner. Thank you so much Jay and folk for your consistency.Tom M.
Jay went up against one of the toughest law firms in Denver for me. He owned it while still being conscientious about my risks and expenses. He’s very sharp, tough and ethical. I’d recommend him highly!Kurt B.
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