Commercial and Civil Litigation

Berg Hill Greenleaf & Ruscitti's attorneys have a lengthy and stellar track record of expertise in litigation and trial practice. We counsel our clients on ways to avoid litigation or minimize litigation risks. We frequently settle or resolve such matters promptly through creative negotiation, direct action, or alternative dispute resolution. Should litigation be necessary, we advise our clients regarding their legal rights and obligations, and implement innovative strategies and techniques to achieve our clients' objectives within an appropriate time frame and at appropriate cost levels. We focus our litigation efforts on getting results effectively and efficiently. We maintain frequent and direct communication with our clients, believing that responsiveness to client concerns is vital to an overall winning litigation strategy and to a favorable result.

Every litigator at BHGR is a trial attorney and many have significant experience in terms of successful arbitrations and mediations. Our trial attorneys are engaged primarily in major litigation that covers a broad range of complex commercial and civil cases.

Construction Law and Litigation

Berg Hill Greenleaf & Ruscitti provides legal services focused on the construction industry to clients throughout the United States. In addition to our litigation practice, BHGR's construction attorneys provide advice and counseling on a broad ranch of topics such as:

Contract Drafting Project Delivery Systems Bonds Claim Resolution and Avoidance Mediation and Arbitration Schedule Impacts Contract Negotiation Construction Defects

Differing Site Conditions Insurance and Surety Law Changes and Design Issues Project Terminations Delays and Acceleration Risk Assessment Mechanic's Liens Bidding and Award Disputes

The Firm's knowledge and experience extends to clients from the entire construction industry including: contractors, owners, subcontractors, construction managers, design professionals, sureties, supplies, developers and others. We use alternative dispute resolution procedures including arbitration and mediation when appropriate to best achieve your objectives. However, our construction team is always able to apply our experience in the litigation arena to protect and preserve our clients' rights.

Alternative Dispute Resolution

While litigation may often be the only way to resolve disputes, the cost, delay, and risk of litigation may warrant the use of alternative methods of dispute resolution. There are many different forms of ADR which can be effective alternatives to the traditional method of resolving disputes through the court system. The economy, privacy, and convenience of ADR proceedings are also often attractive to our business and construction clients with severe schedule restrictions. In addition to the BHGR lawyers who advocate on behalf of clients in the forum of the dispute resolution procedures outlined below, several BHGR attorneys act as neutral arbitrators and mediators through organizations which administer alternative dispute resolution or directly for parties involved in a dispute. The forms of ADR which several BHGR attorneys have experience in are: Arbitration, Mediation, Negotiation, Private Mini-trials

Real Estate Transactions and Development

Berg Hill Greenleaf & Ruscitti's lawyers in this area have specialized in real estate services transactions and development for clients with local and national real estate portfolios. The practice group includes experienced real estate and leasing attorneys who work on corporate real estate and leasing matters.

The firm represents real estate developers, owners and tenants on a wide range of legal matters including acquisitions, 1031 exchanges, dispositions, tax planning, structuring of transactions, construction, financing, leasing, zoning, land use, due diligence, title reviews and property management and operational issues.

In addition, we have represented contractors and subcontractors in connection with both governmental and non-governmental projects. We handle the formation and operation of local and international joint ventures, financing, operations and litigation support.

Estate Planning and Wealth Management

Transfer of Assets without Family Discord
Reduction of Estate, Gift and Generation-Skipping Taxes
Family Partnerships and LLCs
Grantor-retained Annuity Trusts (GRATs)
Life Insurance Trusts and Structuring
Qualified Personal Residence Trusts (QPRTS)
Charitable Remainder Trusts and Charitable Lead Trusts
Closely-held Business Transfers at Death or Retirement
Long-term Payout of Estate Taxes on Closely-held Businesses
Installment Sales to Heirs and Trusts
Asset Protection
Foreign Tax Issues
Trusts for the Disabled or Improvident

One of the finest gifts any of us can leave to our loved ones is an orderly arrangement for the transfer of our assets at death, one which minimizes the risk of discord among the children or other heirs, and cuts the awful burden of the federal estate tax. We have several lawyers who specialize in the complex areas of the federal estate tax, the federal gift tax, and the generation-skipping transfer tax. Through hard experience, a number of us also have gained useful insights into techniques which will help avoid family controversy after the tragic loss of a loved one.

Business Transactions Law

Berg Hill Greenleaf & Ruscitti provides a comprehensive range of legal services in support of businesses operating in the United States. With substantial expertise in tax, corporate reorganizations, secured transactions, real estate, employment law, financial services, health care, bankruptcy, creditors' rights and intellectual property, our attorneys are able to provide strategic counseling and transaction-specific assistance for virtually any legal or public policy issue that a client may encounter.

Our business transaction practice includes a wide local, regional and national client base for whom the firm provides advice concerning the formation of new businesses, debt and equity investments in new and existing ventures, project and equipment financing, and the purchase and sale of existing enterprises around the world.

The firm also regularly provides advice and counsel on a wide variety of legal issues that arise in day-to-day business operations, whether in the capacity of "general counsel" or as a regional, local or special counsel in connection with a particular matter. In addition, we have particular expertise in counseling entrepreneurial and start-up firms involved in emerging technologies, including the negotiation of licensing agreements and software contracts, the establishment and implementation of intellectual property protection and management policies and programs, and distribution and service agreements.

Business Organization and Counseling

Berg Hill Greenleaf & Ruscitti's attorneys have assisted large and small, domestic and multinational clients on the establishment and operation of businesses and nonprofit organizations. These services often begin with assisting clients with the selection of the property form or organization, whether partnership, limited liability entities or traditional corporations, for the entity's anticipated activities, taking into account federal and state tax considerations. Once the organization form is selected, we often are asked to develop the documentation (articles and bylaws, partnership agreements, limited liability company operating agreements, etc.) to ensure that the governance of that entity is consistent with the client's objectives.

For companies already doing business, the Firm offers expertise in virtually all areas of law that may affect day-to-day operations. If our clients have no in-house legal counsel, our expertise enables us to act as de facto general counsel. For clients with such resources, we assist on specific projects or issues. We regularly draft and negotiate single-purpose or standard form agreements for the purchase or sale of goods and services, and assist in the documentation of the full range of transactions by which businesses are financed, including public and private debt and equity deals, including initial and other public offerings, leases and the issuance of security instruments.

Land Use Planning and Development

Berg Hill Greenleaf & Ruscitti's attorneys are experienced in the representation of both governments and real estate development professionals in the land use area. We regularly work with city and county planning staffs, and have appeared before, as well as represented, Planning Commissions, Boards of Adjustment, City Councils, and other decision makers in this process. We have experience in the negotiation and drafting of agreements for the purchase and sale of real estate, the creation of conservation easements, the use of development incentives like tax-increment financing, and similar incentive programs. Whether the project is residential, agricultural, commercial or industrial, we have expertise in structuring and completing projects that are successful for both the developer and the governing jurisdiction.

Environmental Law and Water Law

Our law firm provides counsel with regard to a wide range of environmental, land use, transactional and natural resource matters. Supported by a multi-disciplinary law firm, we provide representation in hazardous waste and Superfund, air quality, water quality, permitting, wetlands, water resources development, regulatory compliance counseling, brownfields redevelopment, legislative and regulatory advocacy, enforcement defense, procurement of environmental insurance policies, environmental contractor management, waste management, facility siting, transactional support and advice, toxic torts, insurance claims, natural resource damage claims, underground storage tanks, endangered species, environmental audits, remediation, voluntary cleanups, mold, asbestos, worker safety, public lands, land swaps, radiation control, and a wide range of environmental litigation. We take pride in offering cost effective and pragmatic solutions to meet our client's needs.

In Colorado, the prior appropriation doctrine governs the right to take water, and put it to use in cities, farms and industries. Complex statutes and case law govern changes of water rights. The quality of our water, in particular the regulation of discharges, is governed by Colorado statutes and administrative procedures. Our lawyers have substantial expertise concerning the prior appropriation doctrine, the appraisal of water rights, transfer and change of water rights, and water quality standards and the discharge permit process.

Local Government Law

Berg Hill Greenleaf & Ruscitti represents cities, counties, towns, and special districts throughout Colorado. Our attorneys regularly provide guidance to City Councils, Board of County Commissioners and Special Districts, and their staffs, in a wide range of areas, including land use and development, public sector employment, finance and taxation, including TABOR, condemnation, elections, liquor licensing, law enforcement, and similar legal issues which regularly come before locally elected officials. Our attorneys are experienced in the litigation of these cases, and we regularly defend units of local government against claims of civil rights violations, takings, employment discrimination, and related claims before administrative agencies and in the federal and state courts.

Employment Law/Litigation

Berg Hill Greenleaf & Ruscitti's employment law practice is devoted to meeting the needs of employers for effective representation in litigation and for practical training and advice on complying with employment laws. We are experienced in assisting clients with the full range of employment issues, such as:

Defending employers in federal and state courts against claims arising from the employment relationship, including discrimination, sexual harassment, breach of contract, workplace torts, trade secrets and covenants not to compete.

Drafting personnel policies and procedures, employment agreements, non-compete agreements and affirmative action plans.

Training managers, supervisors and human resources professionals on employment law compliance.

Advising clients on handling employment situations such as hiring, terminations, workplace violence, disability accommodations, investigating employee misconduct, downsizing and reorganization.

Conducting or advising management on conducting investigations of employees' internal complaints of discrimination, harassment, fraud, theft or other misconduct.

Utilizing mediation, arbitration and other alternative methods to resolve employment disputes quickly and cost effectively.

Intellectual Property and Technology Law

Berg Hill Greenleaf & Ruscitti assists clients in obtaining, protecting and enforcing all types of proprietary rights, including patents, trademarks, copyrights and trade secrets. Our clients include multinational consumer products companies, sophisticated technology firms, traditional manufacturing firms and others in a wide range of industries.

In addition to a traditional intellectual property practice, our attorneys are experienced in handling many types of e-commerce and internet-related agreements and transactions. These include advising start-up internet companies from the earliest stages of development through private equity and initial public offerings, advising companies on the establishment, development and operation of web sites, and assisting in the development of corporate internet identities.

We are experienced in drafting and negotiating software, trademark, and know-how licenses as well as a wide variety of other technology-related agreements, including web site development, co-branding, affiliation, consulting, click-through, and similar agreements. Where necessary, such as with patent prosecution, we out-source to specialists.

Our attorneys assist in the clearance, protection and registration of trademarks and trade dress in the United States and throughout the world. We review advertising and negotiate and draft entertainment and publishing agreements, franchise agreements and licenses.

We handle all types of enforcement actions, trademark, trade dress, trade secret, copyright, unfair competition and deceptive trade practices litigation. Our practice is before the Federal district and appellate courts.

Executive Compensation and Employee Benefits

Berg Hill Greenleaf & Ruscitti's employee benefits attorneys design and draft stock-based incentive compensation, executive compensation arrangements, and employment agreements. We advise our clients on ERISA, tax, and securities law matters related to employee benefits and executive compensation, including complex equity-based deferred compensation programs, and counsel our clients on the employee benefits aspects of mergers and acquisitions. We advise a wide variety of clients on the development, implementation and administration of retirement, welfare and fringe benefit plans.

Bankruptcy, Insolvency and Workouts, Creditors' Rights and Remedies

Berg Hill Greenleaf & Ruscitti represents numerous local and national financial institutions and other creditors for which we perform a complete range of services, including representation in workouts and bankruptcy cases.

Our lawyers have represented debtors, trustees, secured and unsecured creditors, bondholders, and creditors' committees throughout the nation in workouts and bankruptcy cases.

We also regularly consult with our transactional colleagues in addressing the effect of potential insolvency in connection with the initial structuring of financings and acquisitions.

Banking Law

Berg Hill Greenleaf & Ruscitti has over 27 years' experience in the representation of and negotiation of state and national banks and other federally regulated lending institutions. Such experience encompasses regulatory response, litigation, debt collection, lending documentation including business and real estate lending and creditors rights including bankruptcy.

Federal, State and Local Taxation

Our attorneys provide expertise in federal and state income taxation and state and local sales, use and property taxation. In the area of income taxation, we offer significant skills with regard to planning executive compensation in the form of equity in the employer, such as stock options in corporations and profits interests in LLCs and partnerships. We can advise as to the best form of entity to use for a new business, in light of the tax consequences of each type of entity. We have extensive experience in structuring and managing exchanges of real estate under Section 1031 of the Internal Revenue Code.

We advise concerning state income taxation of businesses, particularly where there are multiple states involved. We have had extensive experience with state and local sales and use taxes. Finally, we appeal and litigate tax issues.

Torts, Insurance and Public Law

Berg Hill Greenleaf & Ruscitti often represents the rights and interests of our clients in the areas of professional negligence, officers' and directors' liability, personal injury and wrongful death, premises liability, employment and labor related claims, defamation, misrepresentation, fraud and other torts. In addition, we are often called upon by major insurers for opinions concerning issues of coverage and defense or are retained by major insurers to defend a policy and/or pursue avenues of subrogation.

Mergers and Acquisitions (Purchases and Sales of Businesses)

Our attorneys have significant experience in structuring the purchase and sale of businesses, sometimes called "Mergers and Acquisitions." We are experienced, for example, in structuring earnouts, seller warranties, installment payments, seller non-competes, and intellectual property licensing and transfers.

Criminal Law

The attorneys at Berg Hill Greenleaf and Ruscitti have represented criminal defendants in a wide variety of matters including federal and state white collar crimes, federal and state drug offenses, crimes of violence, property crimes, sex crimes, extradition, drinking and driving cases, and post-conviction remedies. We also represent criminal defendants in collateral administrative matters such as license revocations, administrative registrations, professional and academic disciplinary proceedings which often accompany criminal charges. The firm utilizes investigators, accident reconstructionists, expert witnesses, medical and psychological consultants to provide a comprehensive defense strategy. We have represented a wide range of clients including lawyers, doctors, and corporate officers in criminal defense and related civil and administrative cases throughout the entire state of Colorado, and other jurisdictions including New York, Florida, North Carolina, Utah, Nebraska, California, Nevada and Washington