Commercial Litigation
Companies often face complex disputes. Sometime these disputes are with other businesses, and sometimes they are internal to the company. Chipman Glasser, LLC’s commercial litigation practice encompasses both aspects of these commercial relationships. Our highly professional and experienced team is fully prepared to protect our clients’ interests through mediation, settlement negotiation, motion practice, trial, and appeal. We offer pre-litigation and litigation strategies with practical and business-minded advice. Our goal is to protect you and your business in the most effective and cost-efficient manner.
Real Estate & Construction Litigation
Our attorneys provide exceptional litigation services to clients involved in every facet of real estate. Our clients include ranches owners (large and small), business owners, mine operators, factory owners, real-estate investors and developers, and owners of construction property. We represent commercial and residential landlords, tenants, multi- and single-family operators, contractors, family trusts, long-time owners of mountain and other resort properties, easement holders and grantors. We assist oil, gas, and mineral lessors and tenants as well as owners of water rights. And we represent lenders, other lienholders, and those who have legitimate defenses against liens on their properties.
Business Divorce
Our experienced team of litigators represents owners of privately held companies in disputes with business partners. When co-owners of a company can no longer work together, they need a “business divorce.” A business divorce may be necessary in several circumstances, such as when the partners are deadlocked over the direction of the company, a partner is removed, or a key partner leaves to start a competing venture. Because closely held companies often involve close friends and family members, much like a matrimonial divorce, a business divorce can be difficult and acrimonious. We help privately held companies and owners navigate this challenging situation.
Creditor’s Rights
Chipman Glasser, LLC’s attorney’s handle all phases of the collection process, from loan workouts to bankruptcy litigation. And we specialize in formulating strategic solutions, regardless of whether the debtor files for bankruptcy relief.
Our attorneys regularly represent creditors in the broad range of matters, including:
- Recovery and collection actions, including UCC and lien foreclosures
- Pursuit and defense of fraudulent transfer actions
- Assisting secured and unsecured creditors, financial institutions, landlords, franchisors, business owners and other interested parties in matters arising under Chapters 7, 11 and 13 of the Bankruptcy Code
- Representing parties in bankruptcy litigation (adversary proceedings) and contested matters including preferences, fraudulent conveyances and other matters arising within proceedings filed under the Bankruptcy Code
- Assisting creditors with reorganizations, workouts and assignments for the benefit of creditors
Arbitration/Alternative Dispute Resolution
When an arbitration battle presents itself, our lawyers stand ready, with decades of experience, to aggressively, and efficiently, litigate the client’s interests throughout the arbitration process. Our arbitration experience is broad, and includes, by way of example only, the following areas:
- Construction and development disputes
- Partnership and LLC ownership disputes
- Real estate boundary disputes
- Real estate sale disputes
- Business torts
- Commercial lease disputes
- Employment disputes
Franchise Litigation
Operating a franchise involves complex, and unique legal challenges. Chipman Glasser, LLC’s attorneys are ready to help. We handle mediation and arbitration proceedings, and have litigated cases through trial and appeal in state and federal courts across the country. Our cases have involved various franchise issues, including:
- Disputes over existence of a franchise relationship
- Validity and enforcement of franchise or dealership agreements
- Exclusivity
- Termination of franchise or dealership agreements
- Antitrust issues
- Dealership issues
- Enforcement of restrictive covenants
- Bankruptcy
Appeals
Whether one is appealing or defending against an appeal, appeals can be a significant part of a case. At Chipman Glasser LLC, we handle all levels of appeals in both state and federal cases, as well as appeals from administrative proceedings and arbitrations. Our attorneys work closely with each client to customize an appellate strategy that combines sophisticated legal analysis with a pragmatic approach that is enhanced by our appellate experience.
Our experience includes appeals before courts of appeal in Colorado, Arizona and Nevada, the U.S. Court of Appeals for the Tenth Circuit, the U.S. Court of Appeals for the Ninth Circuit, state administrative agencies, and other state and federal appellate courts around the country. Recognizing that a well-written brief is often what makes the difference on appeal, we scrutinize each brief before it is filed. We also prepare an effective oral argument to supplement the briefing.