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Colorado
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June 21, 2024
Justices Strengthen Jury Trial Rights For Stiffer Sentences
The constitutional rights to due process and trial by jury extend to a pivotal prong of a prominent sentencing enhancement for recidivism, the U.S. Supreme Court held in a Friday decision that casts doubt on many incarcerations and promises to reshape future trials.
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June 21, 2024
Justices Say No Feds, No Dice In Texas-NM Water Deal
The U.S. Supreme Court on Friday ruled that Texas, New Mexico and Colorado improperly excluded the federal government from an agreement that resolved a Rio Grande water sharing dispute, rejecting the states' argument that the conflict was theirs alone to settle.
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June 20, 2024
Colo. Prosecutor Says Ex-DA Undermined Her Leadership
An elected Colorado prosecutor facing disciplinary charges regarding her handling of a high-profile murder case pushed back on charges she was a negligent manager, telling a disciplinary panel Thursday she inherited a backlog of cases from a predecessor she said tried to undermine her office.
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June 20, 2024
Colo.'s Opt-Out Interest Rate Law Halted In Trade Group Suit
A Colorado federal judge has temporarily barred the state from imposing more restrictive interest rate caps on consumer loans made by banks located outside of Colorado, siding with a coalition of lending groups seeking to invalidate a 2023 law aimed at reining in high-cost online loans.
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June 20, 2024
Eli Lilly Launches Round Of Diabetes Drug Suits
Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.
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June 20, 2024
SEC Says Supposed Mining Co. Lacked Any Mining Claims
The U.S. Securities and Exchange Commission has filed a suit in Colorado federal court against a purported natural resource development and mining company and its executives, accusing them of lying about acquiring mining rights in an attempt to sell its shares.
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June 20, 2024
19 Dem AGs Urge Law Group, Others To Ignore DEI Detractors
A coalition of 19 Democratic state attorneys general issued a letter Thursday rebutting criticism of diversity, equity and inclusion programs within the American Bar Association, Fortune 100 corporations and law firms.
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June 20, 2024
Hemp Co. Illegally Sold Cannabis, Colo. AG Alleges
The Colorado attorney general is suing a hemp company in state court, alleging that despite claiming that its products were "100% compliant" with federal law, they in fact contained between two and 35 times the amount of THC allowed in hemp, making them illegal cannabis products.
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June 18, 2024
Embattled Colo. DA Defends Handling Of Murder Case
An elected Colorado prosecutor facing disciplinary charges related to her handling of a high profile murder case testified before a disciplinary panel on Tuesday, insisting in sometimes combative testimony that she never made inappropriate public comments about the case.
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June 18, 2024
Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal
Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co.
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June 18, 2024
Colo. Justices Iffy On Cake's Message In Baker's Speech Suit
The Colorado Supreme Court on Tuesday pressed a Christian cake baker on whether requiring him to make a pink cake with blue frosting to celebrate a customer's gender transition counts as "compelled speech" under a recent high court ruling, with some justices skeptical that such a cake has inherent meaning.
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June 18, 2024
Green Group Insists It Can Fight Colo. Air Plan Approval
The Center for Biological Diversity told the Tenth Circuit it didn't forfeit its challenge to the U.S. Environmental Protection Agency's approval of a Colorado air emissions permitting program and that the agency is wrong to assert otherwise.
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June 18, 2024
Frontier Airlines Passholder Suit To Be Arbitrated
Frontier Airlines Inc. has successfully pushed out of court a proposed class action claiming its "All You Can Fly" passes are "relatively unusable," after a Colorado federal judge ruled that there is nothing "substantively unfair" about the arbitration clause to which the would-be passengers agreed.
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June 18, 2024
Nuggets Accused Of Racial Profiling Over Front-Row Seat
A fan who says that employees of the Denver Nuggets racially profiled him at a game in December, in a confrontation he recorded and posted on social media, is suing the NBA franchise, its arena and owner Stan Kroenke for discrimination.
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June 18, 2024
10th Circ. Won't Revive Airline's Union Election Challenge
A low-cost airline based in the Salt Lake City area lost its challenge to a union representation as the Tenth Circuit ruled that a Utah federal judge correctly dismissed the case.
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June 18, 2024
Wilson Elser Hires 2 McElroy Deutsch Partners In Denver
Wilson Elser Moskowitz Edelman & Dicker LLP has hired four attorneys from McElroy Deutsch Mulvaney & Carpenter LLP, including two insurance coverage and defense litigation partners, for its Denver office.
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June 17, 2024
Trader Claims Firm Owes Bonus On $37M Texas Storm Profits
A trader told a Denver jury Monday that a Colorado energy marketing company fired him as retaliation after he accused the CEO of failing to pay out his cut of $37 million from trades made during a 2021 Texas storm that caused natural gas prices to spike.
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June 17, 2024
Email Doesn't Cut It For Contempt Notice, Colo. Justices Say
Colorado justices on Monday ruled that email is not enough to properly put a party on notice about contempt proceedings, concluding the medium does not meet the requirement for "directly" serving a party.
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June 17, 2024
Feds, Tribes Say It's Too Soon To Reopen Monument Suit
The federal government, tribes and conservation groups are fighting a bid by Utah and farming associations to lift a more than three-year stay in a challenge to the Bears Ears National Monument, arguing that the state is already involved in litigation that attempts to nullify the presidential proclamation that established it.
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June 17, 2024
Colo. Justices To Review Prefiling Interest Cap Dispute
The Colorado Supreme Court on Monday agreed to review whether a state court can let prefiling interest exceed the state's $1 million economic damages cap under the Health Care Availability Act, in a suit over a man's injuries at birth.
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June 17, 2024
Pharmacy Groups Urge High Court To Hear Okla. PBM Case
Pharmacy industry groups asked the U.S. Supreme Court to reverse a Tenth Circuit decision that overturned portions of an Oklahoma law regulating pharmacy benefit managers, saying these intermediaries have driven up costs for patients while raising their own bottom lines, and states should be allowed to keep them in check.
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June 14, 2024
Real Estate Recap: Special Servicers, 'Dirty' Money, Alt Energy
Catch up on this week's key developments by state from Law360 Real Estate Authority — including recent litigation targeting special servicers, a 700% increase in brownfield funding, and one BigLaw real estate leader's take on alternative energy as interest rates hold steady.
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June 14, 2024
Blistering Dissents Belie Justices' Penchant For Consensus
Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.
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June 14, 2024
Janssen Hit With $150M Verdict In HIV Drug False Claims Suit
A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.
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June 14, 2024
Colo. Says Pollution Law Leaves Details Up In The Air
Colorado's Air Quality Control Commission said state lawmakers gave it a long leash to implement a 2021 law requiring more stringent air pollution monitoring in disproportionately impacted communities, urging a state judge to reject environmental groups' challenge to a permitting rule.
Expert Analysis
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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What Nevada 'Superbasin' Ruling Means For Water Users
The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.