Can a business still enforce a non-compete with a mid-level employee in Colorado?

With recent legislative changes, the "Highly Compensated Employee" threshold is a critical barrier. If an employee earns below the inflation-adjusted statutory threshold, a non-compete is likely void. We help businesses audit their agreements to ensure they are compliant with the current 2026 standards.

What counts as "Protective Measures" for a trade secret?

It isn't enough to call something a secret. You must prove you have limited access on a "need-to-know" basis, use password protection or encryption, and utilize signed NDAs. If the information was easily accessible to all staff, the court may rule that you failed to protect it.

If I sign an unenforceable non-compete, can I just ignore it?

Never ignore a signed agreement without legal counsel. Even an unenforceable agreement can lead to a costly lawsuit or an injunction that freezes your ability to work while the case is litigated. We provide strategic reviews to determine your risk level before you make a move.

Denver Business Litigation Attorneys

For most of our clients, a business is more than just a series of contracts. It represents a life’s work built on risk, capital, and long hours. However, even the best-run organizations can be caught off guard by a dispute that threatens to slow progress or drain resources. When conflict arises, you need more than a lawyer. You need a partner who understands that every legal step must safeguard your operations and your long-term value. At Arckey & Steele, we represent the owners, executives, and organizations that drive Colorado’s economy. We treat your commercial litigation with the urgency it needs. Our partner-led support helps resolve complex disputes so you can focus on running your business.

Schedule a Consultation Call Us Now

How We Can Help

Business Litigation & Dispute Resolution

We concentrate our business law practice on a specific group of important disputes where having strategic litigation experience is crucial. These key areas are the basis of our work.

Practice Areas

Competition & Trade Secrecy Issues
The loss of an important employee or the exposure of confidential data can threaten years of research and development in a moment. These issues happen quickly and often need urgent court action. We help both companies and top professionals deal with Colorado’s strict laws on restrictive agreements, making sure your most valuable intangible assets stay protected.

More About Our Business Services

Strategic Litigation for High-Stakes Business Realities

No business leader wants to spend their day in a courtroom. However, even the most meticulous contracts and sound leadership can’t always prevent a dispute from escalating. When informal negotiations hit a wall, litigation becomes the necessary tool to protect your company’s future. In these moments, you don’t need a firm that simply “handles” cases; you need one that treats your business interests with the same urgency and care that you do.

Trial-Ready Representation Across Colorado

Your legal strategy must be prepared for the courtroom from the outset, whether your business is filing a claim to defend its rights or defending against a lawsuit that could endanger its existence. Every file at Arckey & Steele benefits from our decades of trial experience. We prepare for the verdict, not just “the process.”

From Colorado State District Courts to the United States Court of Appeals for the Tenth Circuit, our partners are experienced litigators who have successfully handled cases before all tiers of the legal system. This in-depth knowledge of the local and federal bench gives you the “venue intelligence” you need to confidently navigate complicated, multi-party disputes.

Other Business Matters

Related Business Law Issues We Handle

Beyond our primary practice areas, we provide partner-led advocacy for the specialized disputes that frequently disrupt modern business operations:

Director & Officer (D&O) Liability

Business Torts & Interference

Financial Instrument Enforcement

Deceptive Trade Practices

Equitable Claims & Estoppel

Governance & Fiduciary Matters

Stylized white silhouette of three snow-capped mountain peaks on black background.

Schedule a Free Case Strategy Session

Control the Conflict Before it Controls Your Business

In commercial litigation, time is rarely on your side. An unresolved dispute is a drain on your cash flow, your focus, and your company’s momentum. Whether you are facing an internal governance struggle or an external threat to your contracts, securing partner-led guidance early can be the difference between a tactical resolution and a costly, protracted battle.

Don’t leave your legacy to chance—talk directly with an experienced litigator to define your strategy.

Schedule a Consultation Call Us Now

Two professionally dressed men smiling, one in a brown plaid blazer and the other in a navy suit jacket.

Our Process

Strategic Phases of Your Commercial Dispute

1 Forensic Exposure Review

We don’t just read your contract; we stress-test it against current Colorado case law. By auditing your documents and the surrounding facts early, we identify your hidden leverage points and your opponent’s primary exposure. This allows us to provide a blunt, realistic assessment of the risks and the potential ROI of litigation.

2 Defining the Leverage Strategy

Every business conflict requires a unique “exit path.” We build a roadmap based on your specific objectives—whether that’s a quiet out-of-court resolution, mandatory arbitration, or aggressive litigation. We identify the timing and the pressure points that will force the opposition to view your claim with the seriousness it deserves.

3 Adversarial Litigation & Discovery

When we file a case, we do so with a jury in mind. We manage the discovery process and motion practice strategically to corner the opposition and secure the digital or documentary evidence they’d rather keep hidden. We don’t just “process” paperwork; we use every legal motion to improve your positioning for the final outcome.

4 Strategic Resolution or Verdict

Our end goal is always aligned with your business objectives, not just a legal “win.” Whether we are navigating a high-stakes settlement, an arbitration hearing, or a full trial, we remain focused on the final mile: ensuring the resolution protects your cash flow, your reputation, and your company’s future.

What Sets Us Apart

The Boutique Advantage in Commercial Litigation

Selective caseloads

We don’t work on a volume-based model. We make sure that your business dispute gets the forensic attention and strategic focus it needs by only taking on a small number of cases. When we take your case, we promise to do everything we can to get the best result for you, not just “manage” your file with hundreds of others.

Two people in discussion with speech bubbles above.

Unfiltered Access to Lead Counsel

In business, speed and clarity are very important. You will never have to go through an intake department or a group of junior associates. You work directly with the senior attorney who is handling your case in court. This direct line of communication makes sure that every legal decision we make is based on your business goals.

A Litigation-First Mentality

A lot of companies try to find the easiest way out, but we prepare every case for court. We have decades of experience settling complicated business disputes both in and out of court, which gives us the power to get a good outcome. We negotiate from a strong position because we know that the best deals happen when the other side knows you are ready to go to court.

Meet Our Team

Experienced Denver Business Litigation Attorneys

When you work with Arckey & Steele, you work directly with seasoned attorneys who are personally invested in the outcome of your case.

Professional young man with brown hair wearing a dark suit and blue tie, smiling.

Founder & Partner Eric S. Steele

Tackles cases involving personal injury, business, and employment matters. Eric has significant experience securing meaningful recoveries for injured clients.

Meet Eric Steele

Professional middle-aged man with gray hair, wearing a white striped shirt and brown blazer, smiling against an orange background.

Founder & Partner Thomas J. Arckey

Brings over four decades of litigation experience and a strategic approach shaped by years of representing individuals and businesses, often in the courtroom.

Meet Thomas Arckey

Testimonials

Client Reviews

Business Litigation: Frequently Asked Questions

Before we file a motion, we do a forensic cost-benefit analysis. We don’t just look at how strong the claim is legally; we also look at the “opportunity cost,” which is how much time and energy it will take away from your business. We only suggest going to court when the chance of getting money back or the need to protect your rights outweighs the trouble it will cause your business.

In Colorado, the “American Rule” says that each side pays their own fees unless a specific contract clause or law says otherwise. One of the first things we do is check your contracts for “fee-shifting” clauses. If your contract lets us, we will go after your legal costs as part of your total recovery.

Business disagreements often involve private information or trade secrets. Court records are usually public, but we use protective orders and “filed under seal” motions to keep your private financial and proprietary information out of the public record. We want to settle your disagreement without hurting your business.

The law says that a fiduciary duty is the highest level of care. It means being completely honest and loyal. If one partner or shareholder has taken a business opportunity away from the other or engaged in “self-dealing,” they have broken this duty. We take these cases to court to make sure you get paid for the trust that was broken and the money that was lost.

Resources

Insights on Colorado Business Litigation

Stay informed with our latest analysis and strategic resources regarding commercial disputes, corporate governance, and business protection in Colorado.

View All Blog Posts

Auto Accidents: Understanding the Impact and Your Rights
Auto accidents, irrespective of their nature, can be devastating, not only in terms of…
Bicycle Accidents in Colorado: Know Your Rights and Stay Safe on the Road
Bicycling is a popular recreational activity and an eco-friendly mode of transportation, especially in…
Cyclists Alert! Essential Insurance Coverage to Protect from Hit-and-Runs
Every cyclist needs to have underinsured/uninsured motorist coverage. This quick guide covers why it’s…

Black and white pixelated illustration of mountain peaks with snow-covered slopes.

Schedule a Free Case Strategy Session

Protect Your Business InterestsToday

Disputes between businesses can hurt operations, ownership, and long-term value. Getting legal advice early on can make a big difference in how these issues are settled.

Schedule a Consultation Call Us Now