Colorado

April 23, 2024
10th Circ. Backs Mexican Woman's Appeal Of Asylum Denial

The Tenth Circuit on Tuesday revived the asylum bid of a woman who based her fear of returning to Mexico on her cousin's murder, saying the woman had challenged an immigration judge's ruling properly before the Board of Immigration Appeals.
April 23, 2024
Jury Suggests $25M Damages For Co.'s Malicious IP Misuse

A Colorado federal jury has said a display technology company must pay $5.1 million for misusing a business partner's trade secrets during the development of a wireless headset, and recommended the company be punished with another $19.7 million in damages for its malicious conduct.
April 23, 2024
EV Co.'s SPAC Suit Gets Final OK For $1.9M Settlement

Lightning eMotors Inc., which made electric commercial vehicles and has announced liquidation of its assets, has received final approval for a $1.85 million settlement of shareholder derivative claims against its brass alleging they hid supply chain issues that would keep it from scaling after going public via merger with a special purpose acquisition company.
April 23, 2024
Blue States Leap To Defend EPA Vehicle Emissions Rule

California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.
April 23, 2024
Denver Wants Law Firm To Turn Over Docs For Fraud Probe

Fraud investigators for Denver Human Services have asked a state judge to force personal injury firm Ramos Law to provide employment records for one of the firm's case managers, saying the law firm has not yet provided records in response to subpoenas.
April 23, 2024
Colo. Neural Privacy Law Has Attys Scratching Their Heads

Colorado's governor signed the nation's first law specifically protecting neural data last week, but privacy attorneys say key caveats in the legislation leave them unsure how far the measure really goes.
April 23, 2024
Reciprocal Discipline Not Time Limited, Colo. Justices Say

A former Colorado attorney cannot escape disbarment there, the state Supreme Court has ruled, finding a rule placing a time limit on sanctions does not apply to reciprocal discipline, and therefore the attorney's 2022 disbarment in Washington, D.C., for misconduct that occurred in 2008 and 2009 may be reciprocated in Colorado.
April 23, 2024
Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told

A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.
April 22, 2024
Colo. Justices Clarify Med Mal Damages Cap Calculation

The Colorado Supreme Court held Monday that a trial court can't consider a victorious medical malpractice plaintiff's insurance liabilities to statutorily cap his award at $1 million, saying an exception to the state's "collateral source" statute bars application.
April 22, 2024
Construction Supplier's Threats Cost Rival $30M, Jury Told

A construction supplier told a Colorado federal jury Monday that a Berkshire Hathaway-owned rival tried to smother its entry into the calcium silicate industrial insulation market, alleging the larger company warned customers to stay away from the newcomer so that it could maintain its monopoly.
April 22, 2024
Kroger, Albertsons Expand Divestiture Plan

Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.
April 22, 2024
Colo. Sales Tax Can't Touch Netflix Subscriptions, Judge Says

A Colorado judge has sided with Netflix Inc. in a fight with the state over whether its streaming service subscriptions are subject to sales tax, finding that because the subscriptions can't be physically touched, they don't fit the law's definition of "tangible" property.
April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.

Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
April 22, 2024
Cleaning Crew Says United Airlines Unit Didn't Pay All OT

A United Airlines subsidiary providing cleaning services on planes failed to properly pay cabin workers for the nonscheduled overtime they worked, according to a proposed class action the company removed to Colorado federal court.
April 22, 2024
11 State AGs Urge Senate To Confirm Mangi For 3rd Circ.

A group of 11 attorneys general is calling on the Senate to confirm Adeel Mangi, nominee for the Third Circuit, who would be the first federal Muslim appellate judge if confirmed, condemning allegations that he is antisemitic or anti-law enforcement.
April 19, 2024
Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit

Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."
April 19, 2024
Dr. Says Colo. Plaintiffs Bar Trying To Open Tort Floodgates

A doctor is asking the Colorado Supreme Court to scuttle a proposed ballot initiative that would remove noneconomic damages caps for certain claims, arguing that the measure is unconstitutionally broad and would turn the state into "one of the most plaintiff-friendly jurisdictions in the country."
April 19, 2024
TCPA Only Protects Consumers, Fax Co. Worker Says

One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.
April 19, 2024
FAA Probing Rockies Coach's Mid-Flight Visit To Cockpit

The Federal Aviation Administration on Friday confirmed it has launched an investigation after Colorado Rockies hitting coach Hensley Meulens posted a video of himself sitting inside the cockpit during a United Airlines team-chartered flight.
April 19, 2024
Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.
April 18, 2024
BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.

The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.
April 18, 2024
Colo. Panel Says UIM Insurers Didn't Meet State Requirements

USAA and State Farm didn't meet statutory requirements before asserting that a mutual insured didn't comply with their claim inquiring following a motor vehicle incident, a Colorado state appeals court ruled Thursday, adding USAA was required to conduct a claim investigation independent of State Farm's.
April 18, 2024
$100M Arbitration Award Restored In Colo. Dispensary Fight

A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.
April 18, 2024
Alleged Funeral Home Fraudster A Flight Risk, Can't Leave Jail

A Colorado federal judge on Thursday ordered an owner of a funeral home where hundreds of bodies were allegedly left to decompose to stay in custody while he awaits related fraud charges, ruling that the potential for a hefty sentence made him a flight risk.
April 18, 2024
Patient Data Breach Suit Should Be Tossed, Colo. Judge Says

A judge has recommended that CommonSpirit Health be allowed to escape a proposed class action in Colorado federal court accusing it of failing to secure healthcare data leading to a breach affecting more than 600,000 patients, saying the complaint fails to "allege an injury-in-fact."

Expert Analysis

Bill Could Pave Path To 'Safer' Banking For Cannabis Industry

The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.
How 4 State AGs Are Shaping Data Privacy Compliance

As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.
7 E-Discovery Predictions For 2024 And Beyond

The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
Environmental Justice: A 2023 Recap And 2024 Forecast

A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
The Key Laws Retailers Should Pay Attention To In 2024

2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.