Skip to Content?

Posts By: Nicole Westbrook

Protecting an Entity in Litigation Part 2: Employee Representation

April 11, 2023 | Articles

Employees, officers, shareholders, independent contractors, and others might have a role in entity defense. In entity litigation, an attorney must clarify their relationship to each and properly set expectations, boundaries, and responsibilities before discussing information, and steer clear of conflicts of interest. In this five-part series, Nicole Westbrook addresses five critical matters to manage in… Read more »

Protecting an Entity in Litigation Part 1: Preparing 30(b)(6) Witnesses

April 11, 2023 | Articles

30(b)(6) witnesses must be prepared to discuss the extensive preparation they went through for a deposition. When those preparations are inadequate, varying sanctions can be imposed. Part 1 in the Protecting an Entity in Litigation series by Nicole Westbrook explores the process of setting parameters, selecting and preparing witnesses, and managing risk. In addition to… Read more »

Confidential binding arbitration clauses in MLM disputes

August 18, 2022 | Articles

When disputes arise due to confidential arbitration clauses in multilevel marketing matters, potential litigants must wrestle with what to fight. Nicole Westbrook, Jones & Keller in Denver, Colorado, and Spencer Reese, Reese & Richards in Utah, offer up some considerations for these situations.   By Nicole Westbrook and Spencer Reese Confidential arbitration clauses present an uphill… Read more »

“Civil Proceedings” and the Call of Law

March 17, 2022 | Articles

Embrace the ethical standards of the legal industry by preserving your reputation and strategically avoiding knock-down, drag-out discovery and court proceedings. By Nicole Westbrook In a recent Colorado case, the lawyer was hired to litigate a construction contract lawsuit for a couple. After one of the initial hearings went poorly, the lawyer sent emails to… Read more »

Effective Depositions with Nicole Westbrook (Podcast)

March 17, 2022 | Announcement, News

Listen In In an interview for The Litigation War Room, Nicole Westbrook discusses deposition skills, the pros and cons of arbitration, the challenges of remote technology, and her advocacy for women in the law. “Look at your jury instructions. What do you have for your elements? . . . You don’t need to get into… Read more »

Minding Litigation: Strategies for Document Drafting

February 25, 2022 | Articles

Trial lawyers and instructors Nicole Westbrook and Cash Parker have developed strategies for more effective contracts. Here they share what works and what doesn’t, what reduces the risk of litigation and what issues are likely end up in court.  By Nicole Westbrook and Cash Parker As trial lawyers and instructors for the National Institute for… Read more »

Cool Under Pressure: Managing Distributor Contract Clashes with MLMs

January 13, 2022 | Articles

Litigator Nicole Westbrook answers three common questions regarding multilevel marketing companies, their distributors and the policies and contracts that can lead to disputes. By Nicole Westbrook Multilevel marketing (MLM) companies are a different breed. These direct sales companies do not have employees so much as they have independent contractors or distributors, which leads to more… Read more »

Fishy MLM Contract Provisions to Watch For

July 28, 2021 | Articles

When MLM companies fail to deal conscionably with the large array of legal issues and personalities along the growth curve, especially when its distributors circle the globe, the ramifications are commonly heaped onto the shoulders of the distributors. By Nicole Westbrook and Al Sahlstrom When it comes to network marketing companies, commonly referred to as… Read more »

A Rookie Mistake and Cooperation in the Courtroom

June 04, 2021 | Articles

A rookie mistake sheds light on how cooperation among opposing counsel can lead to better client outcomes, and tips on how to get there. By Nicole Westbrook for the National Institute for Trial Advocacy Ed Lyons, a commercial litigator at Jones & Keller, has more than four decades of courtroom experience trying tough cases in… Read more »

GameStop, Overstock and Barry Minkow: Justice in the Short Sale Squeeze?

January 29, 2021 | Articles

To most, the GameStop frenzy reeks of market manipulation of some sort and investors are calling for justice. We’ve seen this before.  By Nicole Westbrook. Four weeks ago, GameStop’s stock (GME) was trading around $18 per share. Four trading days later, the price doubled. This week it doubled two more times and by Wednesday’s close,… Read more »