Business Litigation Lawyer
At the beginning of any business relationship, no one ever thinks that things will fall apart, let alone end up in a full-blown lawsuit. However, if and when you find your business needing to pursue relief in the courts, The Hermele Law Firm has the experience and tenacity to get results.
Jay Hermele has successfully represented businesses both big and small across various industries in complex commercial litigation matters. This includes favorable outcomes in trial and appellate courts at both the state and federal level. Jay tailors his approach to each individual case and client, taking the time to learn about your business and dive into the facts of the dispute. He employs a cost-effective approach to litigation, which emphasizes constant collaboration concerning both case strategy and financial considerations. While many cases resolve prior to trial, Jay is an accomplished trial attorney and can zealously represent your business in court where settlement is not possible.
While experience and proficiency are vital to the representation of your business, Jay Hermele believes that communication between lawyer and client is the cornerstone of mounting an effective litigation strategy. Strategy and tactics are of vital importance when navigating business disputes in court or before an arbitrator. Of equal importance, however, is communicating the intricacies of these tactics to the client. It is not enough to explain that something should be done, but we believe that it is incumbent on the attorney to tell the client why it should be done and present alternative options. In prosecuting or defending your case, the better we can explain the various rationales for our strategy, the better that we can work together with our client as a team to achieve the desired outcome.
Whether your business needs to pursue or defend a claim, The Hermele Law Firm will fight for you and get you back to what matters most: growing your business.
The following is presented for general informational purposes only, and should not be construed as legal advice. Your best source for information about your case is to contact an attorney.
Although every business litigation is unique in terms of subject matter, size and scope, each dispute follows the same general procedure. Many business owners involved in litigation ask about the phases of litigation. To address this question at a general level, we have compiled a high-level summary of what you can expect from start to finish. Please note that this relates to disputes in the civil courts and does not address arbitration, which usually follows a more simplified procedure. Also be mindful that the rules of civil procedure are voluminous and each case follows a different trajectory, so we cannot address every possible use of the rules of procedure herein.
- 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.
Business torts
Sometimes, businesses and individuals might have claims against one another that are outside the confines of any contract. The Hermele Law Firm is well-versed in prosecuting and defending business tort claims. Some common business torts include:
- Fraud
- Civil theft and conversion
- Tortious interference with contractual relations
- Defamation and related claims
- Breach of fiduciary duty
- Invasion of privacy
Noncompete & Trade Secret Agreement
As a business owner, it is important to protect your rights to enforce noncompetition agreements and to protect your proprietary information. If you fail to do so, you could lose your competitive edge in the marketplace. Each state handles noncompete and trade secrets a little differently, so it is important to consult with a business litigation lawyer to understand your rights.
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The Hermele Law Firm is a Business Law. We are licensed in the states of Colorado And Wyoming.
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69 W Floyd Ave, Suite 306, Englewood,CO 80110