Denver Complex Litigation Blog

Facing criminal charges for embezzlement?

On behalf of Otto.Law posted in white collar criminal defense on Friday, November 8, 2019.

Many Colorado residents hold jobs where they are responsible for handling other people's money or property. If they keep that money or property for themselves rather than using it for its intended purpose, they may be charged with embezzlement. This is a serious charge that can have severe consequences if one is ultimately convicted.

In order for prosecuting attorneys to achieve a conviction, they have to prove that certain elements exist in an embezzlement case. The first element is that a fiduciary relationship existed between the accused and the alleged victim. If that exists, then the following common elements may also have to be present:

There must be evidence that the accused, through that relationship, took property.
There must be evidence that the accused took ownership of the property or gave it to someone else.
There must be proof that the defendant intended to take the property from the rightful owner.

Colorado securities litigation: Accused of or victim of churning?

On behalf of Otto.Law posted in securities litigation on Saturday, October 26, 2019.

Securities is a risky business for Colorado residents to be involved in -- regardless if one is a broker or portfolio manager in charge of trading or a client who is trying to meet certain investment goals. A number of things can go wrong; being accused of or being a victim of churning is just one of them. No matter what side of the fence one sits in a securities litigation case involving churning, legal counsel can help one achieve the best outcome possible.

Churning occurs when a broker or portfolio manager makes excessive trades to generate commissions. These trades are of no benefit to his or her client; in fact, it may cost a client a lot of money. It is just a way for a person in one of these positions to make more money for him or herself.

Breaking down intellectual property laws

On behalf of Otto.Law on Thursday, October 24, 2019.

Creativity is a commodity. Of all the things that you can do to build wealth and make a living for them, using your mind to develop novel solutions to problems is one of the most rewarding. And it requires stringent protections.

Whether you are a writer, designer, musician, inventor or a business owner with a trade secret, your creativity is what sets you apart. You have to do what it takes to protect your "creative capital," and there are many ways to do it.

What can be learned from the Chrisley tax evasion case?

On behalf of Otto.Law posted in white collar criminal defense on Wednesday, October 23, 2019.

Tax crimes can have severe consequences. If one is successfully convicted of tax evasion, for example, the fines can be outrageous, and the probation and/or time behind bars can affect one's life in many ways. Colorado residents who are facing accusations of tax evasion can help themselves by having legal counsel at their sides to help them through it. The Chrisley tax evasion case is a good example of how fighting for oneself can prove beneficial.

Todd and Julie Chrisley -- stars of the reality show Chrisley Knows Best -- were charged with tax evasion, among other crimes, for supposedly failing to pay upward of $2 million in state and federal taxes. They have maintained their innocence throughout the entire ordeal, and doing so is starting to pay off. According to a recent report, the couple has been cleared of the charges against them, at least at the state level. Federal charges are still pending.

Protecting businesses during a minimum wage increase

On behalf of Otto.Law on Tuesday, October 22, 2019.

Colorado is one of several states fighting for a minimum wage increase. And starting in January of 2020, cities in the state will be able to set their own minimum wage requirements. The new standards have sparked concern for Colorado businesses as they worry about how they will adapt to these new changes. When the minimum wage goes up, business owners may need to reevaluate their current processes to keep their stores and companies running.

Expenses can go beyond hourly pay

When a home seller fails to disclose a mold issue

On behalf of Otto.Law posted in real estate and construction defect litigation on Saturday, October 19, 2019.

Whether you recently bought a house in Colorado or you've been in your new home for some time now, you made the purchase believing the property was in good shape. It is a significant investment, after all, so you should know what you are getting, which is why homeowners are required to disclose certain problems if they exist. Unfortunately, since moving in, you have discovered a mold issue about which the previous owner failed to tell you. What can you do about it?

Living in a home that has a mold issue can cause a person to experience serious health problems. Damage to the structure itself can also occur. Medical costs, home repair expenses and mold remediation costs can add up quickly. If the previous owner failed to disclose the problem, he or she may be held responsible for these damages.

Great minds create intellectual property alike

On behalf of Otto.Law on Friday, October 18, 2019.

You’ve got plenty of great ideas. It’s the foundation that holds up your business. But in the eyes of the court, your original ideas may not always be your own.

Intellectual property laws are meant to support progress. Protecting innovators means they are more likely to release their designs into the world. But with the wealth of ideas out there, you might accidentally cross into someone else’s intellectual property.

What electrical issues are often seen in homes?

On behalf of Otto.Law posted in real estate and construction defect litigation on Tuesday, October 15, 2019.

Buying a home is supposed to be an exciting thing. It does not matter if one is purchasing an existing home or building one from the ground up; the final product should be of good quality and free from defects. Unfortunately, some Colorado residents may find that their new homes are not defect-free. One problem often seen in residential buildings is electrical issues. Here are just a few of the most common.

Problem number one: No GFCI protection. GFCI outlets will trip if there is a current imbalance detected. This action can prevent a person from experiencing electrical shock, which can result in significant injury or death. While GFCI outlets are commonly found in newer homes, they may not be in the proper place. When it comes to older homes, they may not be present at all.

Fashion’s ties to the law

On behalf of Otto.Law on Sunday, October 13, 2019.

Virtually everyone has a favorite clothing brand or preferred style. You might choose your clothes because they give you confidence, make you appear wealthy or are comfortable.

Regardless of how fashionable you are – or aren’t – you are likely familiar with fashion week. But have you considered that the industry-wide chance to display the latest styles involves considerably more than new designs?

Can you terminate an employee over a social media post?

On behalf of Otto.Law on Friday, October 4, 2019.

Let’s say you have an employee who is frustrated with the company over their current situation. The topic of the post doesn’t matter, whether it’s regarding wages, hours or complaints about a supervisor. This employee writes an angry social media post and names your company, stating their grievance.

Depending on the employee’s history, you may want to give a warning or enact other disciplinary action. But if this is not the only offense this employee has committed, the question for you becomes: Is bad publicity on social media a fire-able offense?