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Andrew John Contiguglia

Andrew John Contiguglia

Investor | Business Advisor | Lawyer | Consultant to small and online businesses
  • Business Law, Entertainment & Sports Law, Criminal Law
  • California, Colorado, New York
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Biography

WHAT I DO: I counsel and advise small and medium sized businesses and influencers to gain legal advantages and protection by providing original, success-focused strategies and legal know-how. I help protect business owners from making legal mistakes by educating them with knowledge about the legal issues that affect them in business. Business that thrive include a lawyer as part of their success team.

WHO I WORK WITH: Since 1996 I have helped small, medium, and large businesses, local and online influencers navigate and avoid legal mistakes.

WHY IT WORKS: By providing original, success-focused strategies to help businesses grow, I educate business owners with general knowledge and information about the legal issues that affect them in their business. Owners can be more successful in business if they maintain a more detailed understanding about the legal issues they can encounter while running their businesses.

WHAT MAKES ME DIFFERENT: My unique perspective as a trial lawyer and transactional attorney with almost 25 years of experience gives businesses an advantage when it comes to their long term goals and day to day operations. Education about the law empowers you with a framework to ask intelligent questions, take smart actions, and protect yourself, your customers, and your business future.

Want to schedule a business strategy session?
Contact me: ajc@contiguglia.com
Office: 303-780-7333
Website: www.contiguglia.com

Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Entertainment & Sports Law
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Additional Practice Area
  • General Civil
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    Contingency Fees are utilized in my clients' personal injury cases.
Jurisdictions Admitted to Practice
California
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Colorado
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New York
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10th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Owner and President
The Contiguglia Law Firm, P.C.
- Current
Quality legal and client care is our top priority. We are here to lead you through unfamiliar situations, guide you where we have skill and provide you with insight on your case. We will be approachable while maintaining a true direction to help you accomplish your goals. Each case is approached with individual care and concern. Bring us your problems, we'll help you fix them.
Managing Shareholder
Contiguglia / Fazzone, P.C.
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Associate Attorney
Miller & Steiert, P.C.
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Associate Attorney
Hull & Zimmerman, P.C.
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Education
The University of Denver Sturm College of Law
J.D. (1995) | Law
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The University of Denver Sturm College of Law Logo
Columbia University
B.A. (1992) | Political Science - International Affairs
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Columbia University Logo
Awards
SuperLawyer
Superlawyers
SuperLawyer
Superlawyers
SuperLawyer
Superlawyers
SuperLawyer
Superlawyers
SuperLawyer
Superlawyers
Professional Associations
State Bar of California
Member
- Current
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New York State Bar
Member
- Current
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First Amendment Lawyer's Association
Member / Fmr. President
- Current
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Colorado State Bar  # 26901
Member
- Current
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Publications
Articles & Publications
Andrew Contiguglia on School Search and Seizure Case
The Legal Satyricon
Speaking Engagements
Social Media Law, First Amendment Lawyer's Association, Denver, CO
Phoenix Forum
The Defense Attorney Perspective, Nat'l Assoc. of Robbery Detectives, Vail, CO
Phoenix Forum
Legal Panel / Legal Update, Phoenix Forum, Tempe, AZ
Phoenix Forum
Speaker on legal panel for legal update; discussed business law related issues, GDPR, privacy, and IP updates;
Websites & Blogs
Website
Website
Videos
Facing legal issues in business? What are the top 10 legal issues in business? Over the years, I have identified the Top 10 legal issues in business, that owners should consider.   Business Plans. Business plans are not a legal requirement. However, business organizations should clearly define their business’ objectives in a concise, dynamic business plan to communicate the mission and business goals to key players in the business.  Legal Structure. Probably the most important decision for a business owner is deciding the appropriate legal structure. The choice will impact the owners choice of entity, management, liability, taxation, financing, and some other key issues. Business owners should consider consulting with a lawyer before making this decision.  Financing the Business. Depending on the type of business entity an owner selects and its financial goals, financing can be done in several ways. Typically, the business owner will decide to finance the business with debt and/or equity. Such ways include obtaining loans from a bank or another lender, issuing short-term or long-term debt securities, and issuing equity securities. Because of the legal complexities and risks associated with issuing securities, consulting with a lawyer is imperative.  Selecting a Business Name. A new business name should be legally cleared before its first use. This means a business owner should complete some research to make sure there are no similar names. Once cleared for use, a business name should be protected by filing it with the relevant secretary of state office, registering as an Internet domain name, filing an application for federal or state trademark registration, and filing applications for foreign trademark and service mark registrations in key international markets, if the business is planning on operating outside of the US.  Choosing a Business Location. Factors to consider when choosing a business location include the business’s proximity to customers, suppliers and distributors. Consider its minimum business requirements, like office space size, access to public transportation, and parking.   Recruiting and Hiring Employees. Recruiting and hiring employees creates new legal obligations for the business to consider. Some of these considerations include: complying with federal, state, and local anti-discrimination laws in the hiring, interviewing, and selection process; satisfying I-9 requirements; maintaining the “at-will” status of employees, unless an employment agreement states otherwise; complying with wage/hour laws; employee benefits; drafting and maintaining employee policies or an employee handbook.  Obtaining Business Licenses and Permits. The nature and location of the business will determine whether licensing and permits are necessary. Check the state and local laws and regulations. Also check Federal law for businesses that are federally regulated. The new business will also need to apply for an employer identification number (EIN) with the IRS.  Identify Suppliers, Distributors, Logistics Providers, and Customers Depending on the type of a business and the kinds of goods and services it provides, an owner will need to identify and contract with: Suppliers; Distributors; Logistic Providers; and Customers. Don’t rely on handshake deals. The best practice is to maintain written agreements with all these individuals.  Acquiring and Protecting Intellectual Property. Many new businesses create intellectual property (IP) to be used in connection with the manufacture, marketing, advertising, and sale of their goods and services. These IP assets include: Trademarks; Copyrights; Trade secrets; and Patents. Before the business considers exploiting these IP assets, they should be cleared for use, ensuring protection remains available, and then protected. Remember, when sharing any proprietary information, parties should enter into a nondisclosure agreement.  Evaluating Insurance Needs All new businesses need insurance. Factors owners should consider when deciding what insurance to buy, and how much is necessary, include the scope of: exposure to suppliers and customers; activities of employees and independent contractors; corporate activity, including inherently dangerous activities. At a minimum, a business owner should consider obtaining commercial general liability, including property damage, personal injury, and advertising injury; workers’ compensation and employer liability; Key man or key person; Insurance for ERISA fiduciaries, including ERISA bonds; fiduciary liability insurance; errors and omissions insurance; and directors and officers liability insurance. Legal Issues in Business -- Top 10

Facing legal issues in business? What are the top 10 legal issues in business? Over the years, I have identified the Top 10 legal issues in business, that owners should consider. Business Plans. Business plans are not a legal requirement. However, business organizations should clearly define their business’ objectives in a concise, dynamic business plan to communicate the mission and business goals to key players in the business. Legal Structure. Probably the most important decision for a business owner is deciding the appropriate legal structure. The choice will impact the owners choice of entity, management, liability, taxation, financing, and some other key issues. Business owners should consider consulting with a lawyer before making this decision. Financing the Business. Depending on the type of business entity an owner selects and its financial goals, financing can be done in several ways. Typically, the business owner will decide to finance the business with debt and/or equity. Such ways include obtaining loans from a bank or another lender, issuing short-term or long-term debt securities, and issuing equity securities. Because of the legal complexities and risks associated with issuing securities, consulting with a lawyer is imperative. Selecting a Business Name. A new business name should be legally cleared before its first use. This means a business owner should complete some research to make sure there are no similar names. Once cleared for use, a business name should be protected by filing it with the relevant secretary of state office, registering as an Internet domain name, filing an application for federal or state trademark registration, and filing applications for foreign trademark and service mark registrations in key international markets, if the business is planning on operating outside of the US. Choosing a Business Location. Factors to consider when choosing a business location include the business’s proximity to customers, suppliers and distributors. Consider its minimum business requirements, like office space size, access to public transportation, and parking. Recruiting and Hiring Employees. Recruiting and hiring employees creates new legal obligations for the business to consider. Some of these considerations include: complying with federal, state, and local anti-discrimination laws in the hiring, interviewing, and selection process; satisfying I-9 requirements; maintaining the “at-will” status of employees, unless an employment agreement states otherwise; complying with wage/hour laws; employee benefits; drafting and maintaining employee policies or an employee handbook. Obtaining Business Licenses and Permits. The nature and location of the business will determine whether licensing and permits are necessary. Check the state and local laws and regulations. Also check Federal law for businesses that are federally regulated. The new business will also need to apply for an employer identification number (EIN) with the IRS. Identify Suppliers, Distributors, Logistics Providers, and Customers Depending on the type of a business and the kinds of goods and services it provides, an owner will need to identify and contract with: Suppliers; Distributors; Logistic Providers; and Customers. Don’t rely on handshake deals. The best practice is to maintain written agreements with all these individuals. Acquiring and Protecting Intellectual Property. Many new businesses create intellectual property (IP) to be used in connection with the manufacture, marketing, advertising, and sale of their goods and services. These IP assets include: Trademarks; Copyrights; Trade secrets; and Patents. Before the business considers exploiting these IP assets, they should be cleared for use, ensuring protection remains available, and then protected. Remember, when sharing any proprietary information, parties should enter into a nondisclosure agreement. Evaluating Insurance Needs All new businesses need insurance. Factors owners should consider when deciding what insurance to buy, and how much is necessary, include the scope of: exposure to suppliers and customers; activities of employees and independent contractors; corporate activity, including inherently dangerous activities. At a minimum, a business owner should consider obtaining commercial general liability, including property damage, personal injury, and advertising injury; workers’ compensation and employer liability; Key man or key person; Insurance for ERISA fiduciaries, including ERISA bonds; fiduciary liability insurance; errors and omissions insurance; and directors and officers liability insurance.

Doing business with friends can always be difficult. Many people ask who should you start a business with, or how to start a business. The hardest struggle with starting a business with a friend or family member is identifying the duties and responsibilities of the parties to the business. Don't forget to accurately, and adequately define each party's role in the business. Doing Business with Friends

Doing business with friends can always be difficult. Many people ask who should you start a business with, or how to start a business. The hardest struggle with starting a business with a friend or family member is identifying the duties and responsibilities of the parties to the business. Don't forget to accurately, and adequately define each party's role in the business.

Why do you need a contract lawyer? Why should you pay an attorney for a contract you are going to use once? Well, the hope is that you will utilize a contract on more than one occasion. Every deal you enter into should be defined and documented. Take the time to break down the deal points and get the items on paper. Contract Lawyer - why you need one.

Why do you need a contract lawyer? Why should you pay an attorney for a contract you are going to use once? Well, the hope is that you will utilize a contract on more than one occasion. Every deal you enter into should be defined and documented. Take the time to break down the deal points and get the items on paper.

What is the jury trial process? When should you consider going to jury trial? Remember, it's always a risk vs. reward analysis. In this video I discuss the jury trial process and pose the concern: If you want to go to jury trial, be willing to lose. If you are, then a jury trial is right for you. If not, then work out a resolution to your case. The jury trial process is always a crapshoot. There are no guarantees. Jury Trial Process

What is the jury trial process? When should you consider going to jury trial? Remember, it's always a risk vs. reward analysis. In this video I discuss the jury trial process and pose the concern: If you want to go to jury trial, be willing to lose. If you are, then a jury trial is right for you. If not, then work out a resolution to your case. The jury trial process is always a crapshoot. There are no guarantees.

Legal Answers
7 Questions Answered
Q. What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
A: Assuming you are insured, you should tender the complaint to your insurance company and open a claim. Depending on the type of policy you have, they will likely assign a defense attorney to defend the action on your company's behalf. If you are uninsured, you will be required to hire a defense attorney to defend your organization. Under Colorado law, business entities are required to be represented by counsel.
Q. If a company allows a third party to under bid a current contract, is that bid rigging?
A: If you have a signed contract, then you have a signed contract. The terms will control termination and whether you will be obligated to lower your bid in the event someone underbids. But perhaps you get a right to match or get out of the deal. But this is all contract-driven. If there is a signed agreement, neither party can breach it unless it wants to face a lawsuit and damages. You would have to evaluate what your damages are going to be. As for bid-rigging, it could be if it can be proven that the parties manipulating the value of the deal are "in on it" together.
Q. If we are not legally required in Colorado to speak to police/open the door, how can a warrant be issued
A: You’ve asked a number of different quests over a few different posts. i will try to compound everything in to one answer to you don’t have to go to multiple places to get an answers.

Warrants are based on a very low legal standard called “probable cause.” There is no requirement that a police officer speak to an accused before getting a warrant. And if the accused was my client, i would say not to speak to the police anyway. So, really all that is needed is someone stating that he/she has been the victim of a crime. If there is any form of corroborating evidence, like another kid who was sent a buttock picture from your friend’s son, that would likely be enough. The interview stage is a great opportunity for the police to get the kid to confess, making their job that much easier. There’s much less to prove when you have a confession.

Now, getting in to the substance of the case, you raise an interesting point about privacy. If the image was shared around originally, then there might not be a privacy issue at play. But, this will be very factually specific. People can give consent to certain amounts of privacy and not others. Which means, for example, you can use the photo for your own personal reasons, but you can’t share it with your friends. And who knows what people are saying or what exactly the police are investigating. No one will know until the reports are reviewed.

Then there begs the obvious question, if this picture had images of someone under the age of 18, then that is possession and distribution of child pornography, which is a whole event animal.
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Main Office
138 W 5th Avenue
Denver, CO 80204
Toll-Free: (855) 976-3783
Telephone: (303) 780-7333
Fax: (303) 780-7337
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