Litigation

Jones & Keller attorneys have successfully litigated commercial disputes for clients in a wide range of commercial relationships and legal matters. We represent clients in state and federal trial and appellate courts as well as before administrative agencies across the nation. We work with our clients throughout the litigation process, from initial investigations and preservation through trial and appeals. Where necessary or appropriate, we work with local counsel in other jurisdictions to maximize efficient use of client resources. In working with Jones & Keller, you’ll have access to experienced attorneys across areas of commercial litigation, including:

Cannabis litigation
Civil Rights and Constitutional Law
Class Actions
Construction
Contract and Tort
Corporate and Securities
Creditors’ Rights
Defamation and Internet Defamation
Eminent Domain and Inverse Condemnation
Environmental
Employment and Labor
Franchise
Fraud
Indian Law
Intellectual Property Litigation
Mining and Oil and Gas
Public Utility
Real Estate
Securities litigation and enforcement defense
Tax
Trade Secrets
Trusts and Estates

Our attorneys also represent clients in alternative dispute resolution techniques, ranging from arbitration and mini-trials to sophisticated third-party mediations. We work with our clients to explore alternative methods of dispute resolution when avoiding litigation can be more efficient or effective than proceeding directly to court.

our services include:

Class Actions

We represent clients in class actions, both in the defense of such suits against our business clients and, in selected instances, to vindicate the rights of an appropriate class of individuals or other entities. On behalf of defendants we confront and attempt to obtain the early dismissal of strike actions and other class action suits.

Construction

We represent clients in court litigation and arbitrations involving a broad variety of commercial construction projects ranging from commercial buildings to pipelines and hydroelectric projects to ethanol refineries.

Contract and Tort

We prosecute and defend suits for breach of contract and torts on behalf of our clients. This is the backbone of our business litigation practice. We have experience in all types of trials, appeals, arbitration, and other alternative dispute resolution procedures.

Corporate and Securities

This area of our litigation practice is closely linked to the firm’s corporate and securities practice. We represent clients in litigation arising from their business and securities transactions. Our lawyers handle all types of such cases, including suits and arbitrations arising from or involving mergers and acquisitions, contractual relations, intellectual property, broker dealer and investment advisory services, securities fraud or other violations of federal and state securities laws, and the defense of enforcement and disciplinary proceedings brought by governmental agencies.

Creditors’ Rights

Jones & Keller represents creditors, bankruptcy trustees and creditors’ committees in all aspects of collections, bankruptcy proceedings and lien or deed of trust foreclosures. See Bankruptcy and Creditors’ Rights.

Eminent Domain and Inverse Condemnation

We represent landowner clients in both conventional eminent domain or direct takings cases and inverse or regulatory takings cases. Jones & Keller attorneys successfully represented the owner of a major municipal solid waste disposal facility in a more than decade long series of trials and appeals in both federal and state court in a regulatory takings case seeking just compensation for a state’s unconstitutional taking of the property.

Employment and Labor

Jones & Keller has experience in suits involving employment and labor law. We represent clients in the full spectrum of employment related cases, including wrongful discharge, discrimination under Title VII of the Civil Rights Act, age discrimination, and disability discrimination. We also counsel business clients in preventative measures to avoid such claims and draft proactive employee policies. In the field of labor law, we assist employers in resolving disputes arising under the National Labor Relations Act, the Railway Labor Act, the Fair Labor Standards Act, and other laws governing employment relations. We have represented employers in litigation with unions involving both suits for violation of collective bargaining agreements and unfair labor practice proceedings.

Environmental

Jones & Keller attorneys have assisted many clients, including those in the transportation industry, with resolving issues and disputes arising under federal and state environmental laws. In addition to providing guidance to these clients in managing their environmental obligations and liabilities, we have represented such clients in environmental investigations and enforcement proceedings before state and federal regulatory bodies. We have also advocated on behalf of our clients at the local, state and federal levels for protections against the costs associated with environmental compliance.

Franchise

Jones & Keller’s franchise litigation practice represents local and national businesses in a broad range of issues involving franchise purchase and sales, termination, transfer and renewal, finance, tax, bankruptcy, employment, corporate, real estate acquisition and sales, leasing and arbitration and dispute resolution.

Our clients in this area have included franchisees in the food and beverage industries, car care and service, and electronics sales and installation.

Indian Law

Jones & Keller attorneys have represented Indian Tribes and tribal entities in litigation involving many of the complex issues facing tribal governments and tribal businesses, including jurisdictional controversies implicating tribal sovereign immunity and the rights of tribal ventures to pursue off-reservation commercial activities. We have represented tribally-owned businesses in litigation involving the many challenges that these organizations face in pursuing commercial, economic development, and banking and financial matters.

Intellectual Property Litigation

Jones & Keller represents businesses in protecting their most valuable secrets. We litigate disputes over the unauthorized use, infringement, or violation of intellectual property rights such as patents, trademarks, copyrights, and trade secrets. These cases are typically brought by IP holders seeking to protect their rights, stop the infringing activity, and potentially recover damages. IP litigation can occur in federal or state courts and often involves complex technical and legal issues.

Multi-level and Network Marketing Business Law and Litigation

MLM lawyers at Jones & Keller work with high-caliber network marketing companies (MLM) that distribute through a network of sales people, who both sell goods and services and are compensated for downline sales related to a recruited network of sales people. We provide counsel on legal practices in all aspects of business developments, including matters concerning business practices, policies and procedures, hiring, disciplining, and terminating contracted distributors, compensation practices and oversight. Various practice groups within the firm, including business law and litigation, labor and employment, insurance, international transaction, insurance and tax, are experienced and work collaboratively in representing direct sales companies and clients in this highly nuanced industry against claims including:

Securities violations
Unfair competition
False advertising
Racketeering
Pyramid scheme practices
Deception earnings claims and income disclosures

Mining and Oil and Gas

Jones & Keller has represented oil & gas and mining companies in a variety of litigation matters in state and federal courts, both trial and appellate. Our clients include working interest owners, royalty owners, land owners, operators, refineries, pipeline operators, oil and gas producers, major oilfield service and supply companies, and mining exploration and development companies.

Public Utility

We represent both public utilities and major industrial customers of utilities in matters relating to electric power, natural gas, pipelines, telecommunications, and water service, including construction of facilities, ratemaking, rulemaking, and complaints and litigation arising in connections with these activities. Jones & Keller lawyers have been involved in numerous landmark cases in this practice area.

Real Estate

Our experience in real estate litigation encompasses a full spectrum of matters from conveyances to zoning and land use. We represent clients in landlord and tenant, trespass, adverse possession, easements, licensing, quiet title, foreclosure and other disputes affecting rights in real property. We also represent clients before state, county and municipal bodies whose decisions often pervasively affect our clients’ rights to utilize their real property with maximum flexibility. We also work closely with our probate lawyers when real property interests of our clients are at stake in the course of probate proceedings.

Securities Litigation/Enforcement Defense

The Jones & Keller Securities Litigation / Enforcement Defense team’s expertise and experience with both federal and state securities laws and regulations, regardless of the type of financial activity involved, is unsurpassed in the Rocky Mountain Region.

We represent plaintiffs and defendants in cases involving misrepresentations made in the offer, sale, or purchase of investment opportunities including FINRA arbitrations and civil litigation. We also regularly represent public companies, broker-dealers, investment advisers, municipal funds, mutual funds, hedge funds, accounting firms, and their officers, directors and employees in defending civil actions and class actions arising from public and private securities offerings, mergers, acquisitions, periodic public reporting and investment advisory services. In addition, we represent the financial industry in the full spectrum of civil litigation matters that may arise in investigations and proceedings initiated by the SEC, FINRA, DOJ, the Colorado Securities Commissioner, and other state regulators and attorneys general.

We work closely with Jones & Keller’s attorneys in related practice areas, such as Corporate and Securities, to counsel public companies and regulated entities on securities law and other regulatory issues. Together, we help our clients design, implement, and assess compliance programs with the goal of limiting litigation risk and preventing violations of law and corporate policies before they occur. Our collaborative approach and depth of experience have resulted in a proven record of success.

Related attorneys: Stuart Bennett, Paul Vorndran, David Zisser

Tax

Jones & Keller lawyers where feasible, resolve federal and state tax controversies through administrative procedures within the Internal Revenue Service and state departments of revenue. Although the firm’s litigation attorneys strive to resolve tax matters administratively, where necessary, its lawyers will litigate to preserve the interests of our clients, in state and federal district courts, the United States Tax Court, as well as the various federal Circuit Courts of Appeal.

Litigation

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