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Colorado
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August 01, 2024
Defendant Dead After Jumping From Denver Courthouse
Denver police were investigating a death Thursday at the Lindsey-Flanigan Courthouse after a criminal defendant jumped from one of the building's upper floors, leading to the court's temporary closure.
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July 31, 2024
Live Nation Says In-House Attys Can't Access DOJ Docs
As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.
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July 31, 2024
After Sackett, A Colorado Town Grapples With Its Wetlands
Residents of a small town in Colorado have been left to spar over the fate of its wetlands in the wake of Sackett v. EPA, highlighting how the court's curtailment of Clean Water Act protections has placed local, state and tribal governments in a regulatory vacuum.
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July 31, 2024
Colo. Judge Won't Combine DaVita FLSA Suits
A Colorado federal judge has declined to consolidate two collective wage actions against DaVita Inc., saying she is skeptical of a former nurse's arguments that the parallel cases would create extra expenses for the parties, and the judge is reluctant to halt one case to wait for the other to catch up.
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July 31, 2024
NewAge Execs Deny Inflating Military Contract Prospects
Executives and board members of the defunct beverage company NewAge Inc. hit back at investors' allegations that they lied about having a deal to sell their products in military commissaries, saying the investors had failed to show that material misstatements were made.
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July 31, 2024
Ex-NFL Player Avoids Contempt Hearing In Reptile Biz Suit
Former professional football player Chadwick Brown and his ex-business partner have resolved a lawsuit in which Brown was accused of trying to strip the partner of his stake in the company, avoiding a contempt hearing over the partner's concerns about not getting paid the $200,000 he was owed under a settlement deal.
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July 31, 2024
Worker Snags Deal To End OT Suit With Pilgrim's Pride
A worker who claimed that one of the country's largest chicken producers misclassified her as overtime-exempt told a Colorado federal judge she reached a settlement with the company to end her proposed collective action.
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July 31, 2024
10th Circ. Finds Plenty To Prove Colo. Doctor's COVID Fraud
A Tenth Circuit panel has affirmed fraud convictions for a former Colorado physician, concluding that there was a wealth of evidence to find him guilty of swindling government COVID-19 aid programs and spending the money on himself.
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July 30, 2024
Judge Asks Dish If Circuits Truly Split On Data Breach Claims
A Colorado federal judge on Tuesday pressed Dish Network Corp. and a group of current and former Dish employees who are suing the company in a putative class action about a ransomware attack last year to address whether there is a split among federal circuits on what allegations are needed to support claims in data breach cases.
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July 30, 2024
FTC Seeks Temporary Kroger-Albertsons Block In Oregon
The Federal Trade Commission is formally seeking a temporary block against Kroger's proposed purchase of Albertsons, arguing in an Oregon federal court brief unsealed Tuesday that the planned divestiture of 579 stores to a "failed" supermarket boss won't adequately protect consumers or union labor facing dramatically increased concentration.
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July 30, 2024
Colo. Justices Step Into Boulder Climate Change Case
The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.
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July 30, 2024
Sidney Powell Settles Dominion Exec's Election Lies Suit
Sidney Powell, a former attorney to Donald Trump, has settled a defamation lawsuit brought by a former executive for Dominion Voting Systems accused of taking part in unfounded 2020 election conspiracy theories.
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July 30, 2024
10th Circ. Shields Feds From Fire Mismanagement Suit
The U.S. Forest Service doesn't have to face allegations it mismanaged the response to two Utah wildfires in 2018, the Tenth Circuit said Tuesday.
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July 30, 2024
PBMs Urge Justices To Reject Review Of Okla. Law Dispute
An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.
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July 30, 2024
Dominion Again Pushes DQ Bid For Ex-Overstock CEO Atty
Attorneys for Dominion Voting Systems are again urging a D.C. federal judge to disqualify a Michigan attorney from representing former Overstock.com CEO Patrick Byrne in a defamation lawsuit, saying she and her client "lack any respect for the rule of law" and pose risks to Dominion employees.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
Aerospace Co. Says $15M Buyer Broke Purchase Promise
Colorado-based Cablenet Wiring Products Inc., which manufactures parts for aerospace companies, has filed suit against the entity that acquired it for $15 million, claiming the buyer violated the purchase agreement by firing Cablenet's CEO without cause, despite agreeing to retain the officer for at least a year after the acquisition.
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July 29, 2024
SEC Says Penny Stock CEO Lied About COVID-19 Deal
The U.S. Securities and Exchange Commission on Friday sued former penny stock company CEO Juan Campo for securities fraud, alleging he lied to investors about acquiring a Colombian cannabis company and about the company's development of a temperature screening device during the COVID-19 pandemic, among other things.
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July 29, 2024
10th Circ. Won't Undo $6.4M Award In Cannabis Biz Fight
A Tenth Circuit panel has rejected a cannabis entrepreneur's attempt to undo a $6.4 million judgment in a dispute with an ex-business partner, but it ordered a district court to revisit an enforcement order that could require the entrepreneur to violate federal drug law to pay the damages.
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July 29, 2024
Legalization Org Taps Cannabis Atty As New Treasurer
The pro-legalization advocacy organization Marijuana Policy Project announced Monday that a preeminent member of the cannabis bar had been tapped as the group's newest treasurer.
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July 29, 2024
BCLP Adds Energy Atty In Denver From Clark Hill
Bryan Cave Leighton Paisner LLP has grown its energy transition team with the addition of an attorney from Clark Hill PLC who previously worked in-house at a petroleum company, the firm said Monday.
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July 26, 2024
Colorado's New Chief Justice Sworn In
Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.
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July 26, 2024
Broncos Throw Flag On Ex-Player's THC Discrimination Bid
The NFL and the Denver Broncos are looking to sidestep a former team member's disability discrimination lawsuit claiming the league and team unfairly fined him $532,500 for using THC to treat an injury, arguing that the collective bargaining agreement they signed preempts state law.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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3 AI Regulation Developments Insurers Must Follow
Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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How Mental Health Ruling Paves Road For Equal Coverage
The Tenth Circuit’s recent ruling in E.W. v. Health Net, which clarified the pleading requirements necessary to establish a Mental Health Parity and Addiction Equity Act violation, is a win for plaintiffs as it opens the door to those who have been denied coverage for behavioral health treatment to prove a mental health parity violation, says Mark DeBofsky at DeBofsky Law.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.
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What To Expect After Colo. Nixes Special Standing Rules
Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.