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Civil Conspiracy

Business attorney Thomas Howard frequently represents clients in matters involving claims of civil conspiracy. In one recent example, attorney Thomas Howard 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.

In order to set forth and establish a claim for civil conspiracy, the party filing the claim must show by a preponderance of the evidence that there exists (1) an object to be accomplished; (2) an agreement by two or more persons on a course of action to accomplish that object; (3) in furtherance of that course of action, the taking of one or more unlawful acts which were performed to accomplish a lawful or unlawful goal, or one or more lawful acts which were performed to accomplish an unlawful goal; and (4) damages to the plaintiff as a proximate result. Numerous defenses may be raised by the parties defending against such a claim, including the allegation that one or all of the four above requirements have not been shown.

If you have a Colorado commercial litigation matter involving a claim of civil conspiracy, please give us a call to discuss your case at 303-665-9845, or contact us via email, [email protected], with a detailed description of your issue.

Office Locations

Thomas P. Howard, LLC
842 West South Boulder Road, Suite 100
Louisville, CO 80027
Phone: 303-665-9845
E-mail: [email protected]ardlaw.com
Fax: 303-665-9847
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Thomas Howard is an experienced trial lawyer practicing with an emphasis in intellectual property disputes (including copyright, trademark, trade dress, trade secret, Web site infringements and other Internet-related disputes) as well as complex civil litigation (including breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud, fraudulent transfer, trespass, negligence and nuisance).
In addition to representing clients involved in litigation, Thomas Howard frequently negotiates and drafts intellectual property-related agreements, including nondisclosure and license agreements. He has drafted and negotiated such agreements on behalf of his clients with parties as diverse as Microsoft, Best Buy, Phillips and Hyperion. MORE