Holland & Hart represented Apex Trading, JMWW, Inc., Micah Tapman, and John Manlove, the defendants in Buffo v. Apex Trading et al.
The case involved claims by the Plaintiff alleging fraudulent transfer under the Colorado Uniform Fraudulent Transfer Act (CUFTA), conspiracy to commit fraudulent transfer, and aiding and abetting fraudulent transfer. At its core, the dispute centered on Plaintiff's allegations that Defendants had transferred the goodwill of a defunct cannabis-industry marketplace company, Tradiv in order to avoid satisfying a debt that Tradiv owed to her. Plaintiff sought damages in excess of $20 million, making this a bet-the-company case.
After three days of trial, Judge Andrew Hartman of Boulder County District Court granted Defendants' motion for a directed verdict on all counts after the Plaintiff rested her case. . Judge Hartman held that the Plaintiff’s claims were barred by both the four-year statute of repose and the doctrine of laches. The court also found that Plaintiff’s derivative claims for conspiracy and aiding and abetting necessarily failed as well. "This was a total and complete victory for our clients," said partner Christopher Jackson. "CEO John Manlove and his team worked tirelessly for years to build Apex into the successful business it is today. We are gratified that the Court recognized the merit of the Defendants' position and brought this matter to a swift and decisive conclusion."
"Directed verdicts mid-trial are extraordinarily rare," added partner Patrick Bernal. "The Court's ruling reflects the strength of our clients' position and the compelling testimony John and Micah provided about the years of genuine effort and investment that went into building the business."
The Holland & Hart team was led by partners Patrick Bernal and Christopher Jackson, with support from associate Shannon Calhoun, paralegal Suzanne Coffman, and others.
Holland & Hart's Business Litigation attorneys represent clients in complex commercial disputes, from trial and arbitration to appellate proceedings. The team works collaboratively with clients to develop litigation strategy aligned with their business and financial priorities, with the goal of minimizing economic impact and operational disruption while protecting what matters most.