Commercial Litigation

Business Disputes

One of the central areas of our firm’s practice involves commercial litigtion of complex, often high-stakes (“bet the company”) disputes between businesses. We have been involved in some of the largest and most well-known commercial cases in Colorado and other states.

Many of the practice areas discussed in this site detail our business litigation experience in these fields. We have extensive experience in llitigation of commercial disputes, including legal actions by and against businesses, including:

  • Patent, trademark and copyright disputes
  • Licensing, franchise and royalty agreement disputes (internationally)
  • Unfair competition claims (including price discrimination claims)
  • Deceptive trade practice claims
  • Shareholder issues (including derivative actions & stock fraud claims)
  • Breach of fiduciary duty by corporate officers and counsel
  • Computer litigation
  • Business civil racketeering (RICO) claims
  • Contract actions and warranty claims
  • Surety bond claims
  • Indemnity agreements
  • Non-compete agreement litigation
  • Service contract and performance claims
  • Agency and franchise agreement actions
  • Business insurance coverage disputes
  • Interstate trucking litigation
  • Bank liability
  • Injunction claims
  • Theft of trade secrets
  • Business interruption
  • Shipping claims

Our Approach To Business Litigation

When we handle a commercial claim our first priority is to ensure that we understand the client’s goals and that the client is given the best possible explanation of what options are available. This may include litigation, mediation or—quite often—direct negotiation.

The wheels of commerce are lubricated by the law. Business litigators keep the playing field even and fair.

Business Solutions To Business Problems

The ability to resolve disputes outside of the courtroom often involves business solutions to business problems.The litigation of a business dispute, in order to be truly successful, must first be truly necessary. In commercial cases, the litigation process often eclipse a party’s ability to identify or formulate more optimum, efficient solutions. While we litigate zealously, we keep our eyes open to other options.

We have handled many complex corporate disputes that resolved in such a fashion that both parties came out ahead. This isn’t always possible or desired by our clients, but it is something to keep in mind during a case, but surprisingly few lawyers operate as we do.

Technology & Medicine in Business Disputes

A significant portion of our business litigation involves disputes between businesses in the technology and medical industries. We have litigated such exotic matters as RICO cases in the context of malfunctioning computer systems, Robinson-Pattman Price discrimination cases, international licensing agreements between software suppliers, theft of trade secrets so sensitive they drew the involvement of the FBI and NSA, qui tam cases and class actions.

Complex Financial Issues

We have achieved a certain skill in working with experts and executives in connection with complex financial valuation issues, cash-flow projections, asset management disputes and other complex financial issues. While we do not issue tax advise, we often work with our colleagues in other firms to ensure that our clients receive the benefit of coordinated legal advise.

Large-Scale Disputes And Difficult Issues

One of our cases that involved theft of trade secrets was even featured on the Discovery Channel several years ago, involving corporate espionage and international national security concerns. Another of our cases, involving civil RICO in the context of the sale of computer systems, involved such high-security issues that the U.S. District Court ordered a private mediation room to be swept for listening devices by the U.S. Marshall’s Office. In another matter, we litigated ownership of an island in the Seychelles Islands and a game farm in South Africa. We have served deposition subpoenas on the Bank of China and we have negotiated business settlements worth hundreds of millions to our clients.

The key to success in litigation is to be realistic and careful in terms of how a "win" is defined under the circumstances of any given dispute. No two cases are exactly alike. Remember that no attorney or firm can guarantee success according to any arbitrary standard or in terms of a favorable result at trial. Whether or not to try a case or settle a case is a decision a client makes with the advise of an attorney, and no attorney can guarantee anything about the outcome of a civil case. Any case, tried to a jury or a court, might be resolved unfavorably. Trials are inherently unpredictable. Statements contained on this website regarding the ability of the professionals at Godfrey | Johnson, P.C., are based upon good faith perceptions of our abilities demonstrated over years of practice, and are not intended to imply that the attorneys have never lost a case or that we can assure that any particular case will be won at trial or on motions. The best way to evaluate any case is to communicate about it in depth with qualified legal counsel, providing all relevant information to the attorney. It is dangerous to withhold facts from an attorney, and can lead to the delivery of legal advise that is fundamentally flawed. No attorney can prevent this from happening, as attorneys all must rely to some extent upon the information that is provided to them by their clients. The best way to evaluate an attorney is by that attorney's track record, and ours is open for discussion in any specific field. Our abilities as described on this website are based upon experience in actual cases, which have been successful more often than not. ©2015 Godfrey | Johnson, P.C. All rights reserved.

"Best Commercial Litigator" Award (2015)

Brett Godfrey was awarded “Best Commercial Litigator” in the 2015 Barrister’s Best edition of Colorado Law Week.