The Richards Carrington Appellate Practice Group handles civil, criminal, and administrative appeals in state and federal courts across the country. Our attorneys have argued before the Colorado Supreme Court and the Colorado Court of Appeals and are adept at legal analysis, strategy, and issue identification across a wide range of industries and substantive legal issues, including complex litigation, white-collar crime, and antitrust. We consider appellate advocacy to be an art, with language, prose, and sentence structure the tools of the trade. We also understand that protecting the appellate record starts in the trial court. For this reason, we consider early input and proactive strategy at the trial level to be a core function of our appellate team.
Attorney General Investigations & Litigation
Civil law enforcement actions prosecuted by the Attorney General are unique forms of litigation. The investigations are backed by the State’s practically limitless resources and, as a result, are often overly-expansive and invasive. The subsequent litigation is typically unencumbered by business judgment or financial constraints and, instead, is often pursued for political purposes. These dynamics make litigation against the State a daunting prospect. Unlike most attorneys, Richards Carrington’s Litigation Practice Group has experience defending cases against the Colorado Attorney General through trial. Our attorneys understand the Attorney General’s motivations and incentives, and we tailor our litigation and trial strategy accordingly.
Business & Contractual Disputes
Business disputes typically arise from breaches, or alleged breaches, of contract. And in today’s complex economy and competitive business environment, the outcome of a contractual dispute can forever change a company’s trajectory by directly impacting the company’s prospects of success and survival. We routinely handle high-stakes contract litigation in courts across the country, including in Colorado, New York, and California.
Our business litigation philosophy is unique. We do not immediately resort to protracted litigation, marked by a costly and often ego-driven volley of claims, counterclaims, and motions practice. Instead, our approach is to first immerse ourselves in our client’s industry with a willingness and propensity to understand the various nuances and challenges our clients address through written agreements and business practices. This critical first step results in our becoming the subject matter experts, enabling us to more effectively examine the opposing party and its experts. This education also provides the foundation from which we can authentically articulate to the Court and the jury the intent of the parties, the purpose of a particular contractual provision, and the spirit of the agreement in question.
Civil / Commercial Litigation
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The Richards Carrington Litigation Practice Group represents business entities and individuals in all phases of commercial and civil litigation. Although we counsel clients on how to resolve disputes without litigation, that is not always an option, and we do not treat litigation as a mere formality on the path to a settlement agreement. Clients rely on Richards Carrington and its team of litigators and former prosecutors to prepare their case for trial from day one. And with more than 200 jury trials to date, our litigators are well-known for their tenacity, fearlessness, professionalism, and unwavering dedication to preparation, a collection of attributes that leads to favorable outcomes in courtrooms across the country.
Corporate Fraud & Internal Investigations
The confluence of Richards Carrington’s criminal and civil practice groups results in a team uniquely equipped to understand and address the civil and criminal implications that arise from corporate malfeasance or, in some cases, simple negligence. Richards Carrington works closely with former government investigators to quickly identify risk, mitigate exposure, and protect officers/employees in the context of governmental scrutiny.
Criminal Defense & White Collar Crime
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There’s no substitute for having a former prosecutor helping you navigate the deep waters of a criminal case. Richards Carrington’s Criminal and White Collar Practice Group is made up of former state and federal prosecutors who have been lead counsel in over 200 jury trials. The team understands how criminal allegations can devastate your life and brings that depth of experience to you.
Richards Carrington’s Criminal and White Collar Practice Group focuses on the following areas:
• Federal Crimes
• White Collar Crime
• Grand Jury Investigations
• Assault & Domestic Violence
• Sex Crimes
• Theft & Burglary
• Asset Forfeiture
• Firearms & Weapons
• Appeals & Post Conviction Writs
• Drunk Driving & Vehicular Offenses
• Money Laundering & Fraud
• Juvenile Crimes
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Education Law & Student Rights
Students have the same rights as any other American, yet when school disciplinary issues and related problems arise, too often their rights are abused or ignored in a rush to judgment. School and university discipline codes and the criminal justice system work against students and their families when authorities bow to outside pressures including community criticism, media scrutiny and the threat of litigation. Without effective legal advocacy on behalf of the student, educational and governmental institutions may run afoul of the law and expose that young person to unwarranted and life-altering consequences.
Many factors combine to create an environment in which a student may find him or herself the target of a school or university investigation. The nature of state and federal laws, including the Title IX anti-discrimination statute, misuse of social media, confusion around the legality of “sexting,” Safe-to-Tell hotlines, and the speed at which news spreads and is consumed all play a part in this. And while teachers and school administrators may have good intentions, the rights of students suffer when authorities take it upon themselves to make critical decisions about a student’s future without transparency and basic due process. Without the resources, procedures and training to conduct competent and unbiased investigations, school and university disciplinary proceedings are often pretextual and poorly executed. The result is that young people are unfairly held to a different standard than an adult would be in the same set of circumstances, with consequences that can immediately impact their education and follow them the rest of their lives.
School and university disciplinary proceedings may result from allegations of:
- Sexual assault, harassment, and other misconduct
- Misuse of social media
- Academic dishonesty
- Drug possession and distribution
- Fake IDs
- Minor in Possession of Alcohol
- Weapons offenses
As a parent, consulting an attorney can help you and your child understand the potentially life-altering consequences of a school or university disciplinary investigation and how best to defend your student and family during that process. You may wish to consult an attorney to discuss:
- What should you do if you are contacted by the police?
- Can a student decline to be interviewed by the school or police?
- Can a school search a student’s backpack or locker without a warrant?
- Does a school need to get a parent’s consent before searching or interviewing a student when the situation involves allegations of academic or criminal misconduct?
- Do you have to let a teacher or administrator search your cell phone?
- What should you do if you receive notice that a school intends to suspend or expel your student?
- What is a Title IX investigation and how can you defend yourself during that process?
When a school’s unfair or unlawful disciplinary actions are at odds with a student’s basic legal rights, where should parents turn? When your child has been accused of wrongdoing, you need an advocate – someone who understands the law and who is committed to making sure your child’s rights are respected, and that they aren’t taken advantage of.
Post-Judgment Investigations & Asset Tracing
With the benefit of today’s technology, it is easy to move—and hide—assets by channeling and directing them between jurisdictions, entities, and accounts. Our attorneys are former prosecutors and national litigators who, alongside our team of investigators, are well-versed in locating and seizing judgment debtor assets across North America. Our investigators have amassed an extensive data repository spanning more than four decades related to hundreds of thousands of corporate entities, both national and international.
We have represented some of the country’s largest creditors in the pursuit and recovery of substantial judgments. Our investigations typically begin with field research and documentary evidence outlining a debtor’s behaviors, habits, and geographic ties, typically without the debtor’s knowledge. When required, we utilize our network of national and international attorneys to associate with local counsel near the debtor’s known location. We then assemble a highly-detailed compilation depicting the debtor’s accounts and assets. It is through this process that we often discover—and document—the debtor’s attempts to shelter assets or otherwise hinder, delay, or defraud its creditors. To the extent post-judgment litigation is required, our investigations are designed such that we have substantial knowledge and command of the underlying facts prior to engaging in the adversarial and public aspects of litigation, such as levies, liens, assignment orders, subpoenas, and depositions.
Qui Tam & Whistleblower
Qui tam lawsuits are a type of civil litigation filed by whistleblowers under the False Claims Act, a law that rewards whistleblowers for exposing fraud perpetrated by corporate entities against the United States. Richards Carrington’s litigators work closely with the United States Attorney’s office and the Department of Justice to diligently investigate whistleblower claims and prosecute corporate entities for violations of the False Claims Act.
The False Claims Act was passed by Congress in the midst of the Civil War to combat fraud against the federal government by defense contractors who sold the Union Army fraudulent goods, such as decrepit horses and mules in ill health, defective rifles and ammunition, and rancid rations and provisions. The Act included an incentive whereby private citizens who have non-public knowledge of fraud against the government can sue on behalf of the federal government and if successful, can share in the recovery.
Secondary Market & Mortgage Backed Securities
Richards Carrington’s Litigation Practice Group specializes in disputes related to the secondary mortgage market and the representation of financial institutions, investors, lenders, and servicers in the federal court system. We have both prosecuted and defended repurchase and indemnity lawsuits throughout the country. This practice also includes serving as lead trial counsel to the Lehman Brothers estate in various lawsuits, defending originators in the massive Residential Funding litigation in Minnesota federal court, and representing master loan servicers in disputes involving the rights and remedies of securitization certificate holders and securitization trusts.