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Commercial Litigation

Thomas P. Howard of the Colorado Law Firm of Thomas P. Howard, LLC is an attorney with significant experience in the field of commercial and business litigation.  That experience reflects 10 years as a business person followed by 15 years of commercial litigation experience spent handling a wide variety of commercial disputes. 

The law firm of Thomas P. Howard, LLC currently litigates business disputes for small to large sized companies in the following practice areas, among others:

Examples of commercial litigation matters recently handled by the Law Firm of Thomas P. Howard, LLC are as follows:

Breach of Contract and Interference with Contract

  • Thomas Howard recently obtained a successful settlement on behalf of a client subsequent to a breach of contract dispute arising from the sale of real property.
  • Thomas Howard in Saturn Systems v. Militare went to trial in Denver District Court and obtained a judgment on behalf of Plaintiff for damages and attorneys’ fees arising from breach of contract and theft of trade secrets.  The court further issued an order for permanent injunctive relief barring use or disclosure of the client’s trade secrets.  The decision was appealed.  On appeal Thomas Howard again represented Saturn Systems.  The Colorado Court of Appeal very recently upheld the decision of the trial court and awarded legal fees to Thomas Howard’s client for the cost of litigating the appeal.
  • Thomas Howard recently represented plaintiff, counterclaim and cross claim defendants through trial in a breach of contract, defamation, interference with contract and conspiracy matter in Colorado district court involving counterclaims and cross claims against attorney Thomas Howard’s clients alleging over $500,000 in damages. The Colorado district court awarded Attorney Howard’s clients damages, dismissed every counterclaim, and awarded attorney’s fees to attorney Howard’s clients. Attorney Howard was again retained on appeal; the Colorado Court of Appeals upheld the decision of the district court.
  • Thomas Howard went to trial in Arapahoe District Court and obtained a judgment for damages and attorneys’ fees arising from breach of contract, unjust enrichment, and civil theft.
  • Thomas Howard recently defended the owner of a large hotel franchise in a breach of contract dispute. The matter was successfully settled subsequent to discovery.

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Breach of Fiduciary Duty

  • Thomas Howard recently defended a client in a matter involving claims of theft of trade secrets and breach of fiduciary duty.  The matter was successfully settled subsequent to discovery.

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Civil Conspiracy

  • Thomas Howard recently represented plaintiff and cross claim defendants through trial in a breach of contract matter involving counterclaims of conspiracy raised by defendant, all of which were dismissed at trial.  The defendant then raised the dismissal of the counterclaims involving conspiracy up on appeal.   Mr. Howard was again retained to represent the counterclaim and cross claim defendants.  The Colorado Court of Appeals denied the appeal and upheld the decision of the trial court.

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Colorado Consumer Protection Act

  • Thomas Howard has represented a number of parties served with complaints alleging violations of the Colorado Consumer Protection Act, as well as representing plaintiffs filing such claims.  Mr. Howard is extremely familiar with the large body of Colorado statutory and case law addressing the Colorado Consumer Protection Act, and understands under what circumstances it does and does not constitute a viable claim.  For example:
  • Thomas Howard recently obtained a successful settlement for an out-of-state vendor in a product performance lawsuit in which the Colorado Consumer Protection Act was set forth as the primary damages claim.   
  • Thomas Howard obtained a dismissal of a Colorado Consumer Protection Act claim in Jefferson County together with an award of legal fees against the party bringing the claim.

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Fraud, Misrepresentation, Civil Theft and Fraudulent Transfer of Assets

  • Thomas Howard recently successfully represented a large out-of-state corporate creditor through trial in a complex collection action involving the fraudulent transfer of assets in an effort to escape a debt, exemplary damages, and the piercing of a corporate veil.
  • Thomas Howard recently obtained a judgment in the amount of $582,614 plus interest and legal fees on behalf of a client that suffered injuries arising from civil theft and fraudulent misrepresentations arising from a fraudulent investment scheme.

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Trade Secrets

  • Thomas Howard successfully obtained injunctive relief on the behalf of an online tax services company in order to freeze a theft of trade secrets causing the company injury.   
  • Thomas Howard recently successfully defended a trade secret matter for a U.S. citizen residing in the Peoples’ Republic of China, obtaining a settlement at the outset of the dispute.
  • Thomas Howard in Saturn Systems v. Militare went to trial in Denver District Court and obtained a judgment on behalf of Plaintiff for injunctive relief, damages and attorneys’ fees arising from the defendant’s intentional theft of trade secrets. On appeal, Thomas Howard again represented Saturn Systems; the Colorado Court of Appeals in 2011 upheld the trial court’s decision and awarded legal fees to Thomas Howard’s client for the cost of litigating the appeal.

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Negligence, Construction Disputes

  • Thomas Howard successfully took a matter to a jury trial in 2008 arising from a contractor’s trespass and negligent damage to several neighboring properties without license or permission.  Attorney Howard obtained finds of trespass and negligence and a substantive award of damages from the jury.
  • Thomas Howard represented defendant contractor against plaintiffs attempting to use Colorado consumer protection act to obtain treble damages and attorney’s fees arising from alleged home defects; consumer protection act claim dismissed as frivolous and groundless; attorney’s fees arising from the same awarded to defendants.

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Antitrust

  • Thomas Howard has litigated Sherman Act and Robinson Patman Act matters since 1997, both at the trial court and appellate level.  He is well versed in this area of the law through handling multiple such matters in the past

We would be happy to provide you with further information regarding our services or to speak with you regarding a litigation issue.  Just email your questions to info@thowardlaw.com, or call 303-665-9845.

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