Business and Corporate Law
Hershey Decker Drake attorneys serve as general counsel to various corporate clients in handling a wide range of corporate legal matters. The goal of Hershey Decker Drake’s business practice is to help businesses grow, avoid liability, manage risk, and protect employee and client interests. Hershey Decker Drake attorneys assist clients with the following:
- entity formation
- buying and selling businesses
- succession planning
- drafting and advising clients on business contracts (stockholder agreements, buy-sell agreements, employment agreements, and other contracts)
- providing general counsel for clients’ ongoing business needs
Insurance Law
Insurance Coverage Issues:
Hershey Decker Drake represents clients in a wide range of matters involving insurance coverage and liability issues. Our attorneys work to obtain successful results for policyholders in insurance matters ranging from the straightforward to the complex. While we always hope to resolve disputes with insurance companies before resorting to litigation, our litigators are capable of skillfully litigating a case against an insurance company through trial. Hershey Decker Drake has vast experience analyzing insurance policy language and works to protect the insured policyholders.
Bad Faith:
Colorado law imposes a legal duty on insurers to deal fairly and in good faith with their insured. When an insurer breaches its duty of good faith, the insurer is liable for damages naturally flowing from the breach. In most contractual relationships, a breach of this duty will only result in damages for breach of contract and will not give rise to tort liability. Unlike the breach of the implied duty of good faith and fair dealing in an ordinary contract, however, breach of an insurance contract gives rise to a separate cause of action in tort. Moreover, in 2008 the Colorado legislature enacted statutes which allow first-party bad faith claimants to recover reasonable attorney fees, court courts, and two times the covered benefit if an insurer unreasonably delays of denies payment of a benefit covered by a policy. If you have been injured, your property has been damaged, you have already made an insurance claim and you have questions about the process, or you feel your insurance company is not treating you fairly, be sure to contact Hershey Decker Drake so we may assess your situation and determine what legal options, remedies, and damages might be available to you.
Employment Law
Hershey Decker Drake’s employment attorneys are experienced in representing employers and employees in complex employment litigation disputes before the Equal Employment Opportunity Commission (EEOC) and Colorado Civil Rights Division. We are also versed in providing employers counsel on day-to-day employment issues. Our experience includes the following areas:
- Age Discrimination
- Americans with Disabilities Act
- Confidential Business Information
- Employment Contracts
- the Equal Pay Act
- Family and Medical Leave Act (FMLA)
- Civil Rights Act
- Wrongful Termination Claims
- Title VII of the Civil Rights Act
- Non-Compete Agreements
- Occupational Safety and Health Law
- Restrictive Covenants
- Trade Secrets
- Workers’ Compensation
- Wrongful Discharge Claims
- Employment Retirement Income Security Act (ERISA)
Professional/Peer Review Matters We also represent hospitals, medical staff members, and panel providers in civil and administrative proceedings, including professional review proceedings, arising from the granting, revocation or modification of privileges and credentials. When facing an administrative complaint or accusation, contact Hershey Decker Drake as soon as possible. Delay may create pitfalls and unforeseen errors that could negatively affect your reputation and career.
Real Estate
Whether you are a landlord or a tenant, or a buyer or seller of real estate, it is imperative that you protect your investment to ensure that your rights and obligations are defined in clear, enforceable lease agreements or sale contracts. Successful real estate negotiation and enforcement typically requires knowledgeable legal counsel, like the attorneys at Hershey Decker Drake, who have experience in real estate contract drafting and interpretation. Hershey Decker Drake attorneys help buyers, sellers, landlords and tenants resolve difficult legal disputes involving leases, sale contracts, and litigation involving such agreements.