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Colorado
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July 17, 2024
Workers Claim Trucking, Visa Cos. Ran Labor Scam
Two African immigrants have accused a trucking company and an immigration services firm of running a yearslong enterprise to force workers from abroad to perform dangerous and unsafe work.
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July 17, 2024
Railroad Can't Halt Damages Bid After Union Drive Firings
Two workers who were fired after backing a union organizing effort can continue seeking punitive and compensatory damages against a railroad, a Colorado federal district court ruled, supporting a magistrate judge's conclusion that blocking the damages request would "eliminate a significant deterrent."
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July 17, 2024
Ex-NFL Player Is Broke, Hasn't Paid Settlement, Plaintiffs Say
A former NFL player's business partner has asked a Colorado state court to enforce a settlement after the ex-linebacker allegedly blew the deadline to make a $200,000 payment, a request that comes as a plaintiff in another case claims the player and his reptile shipping company are insolvent.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 16, 2024
FTC's In-House Kroger Case Delayed Until After Fed Suit
Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.
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July 16, 2024
Marathon Beats Ex-Worker's Gender Discrimination Case
A Colorado federal judge has dismissed a lawsuit brought by a former Marathon Petroleum human resources supervisor who claimed she was forced out for inappropriate behavior while male coworkers got a free pass, finding that the supervisor's conduct was worse than the male colleague who she claimed received preferential treatment.
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July 16, 2024
Influencer's Forest Pics Not 'Work Activity,' 10th Circ. Rules
A Tenth Circuit panel on Tuesday reversed a social media influencer's conviction for unauthorized work on National Forest Service property after he posted Instagram photos of himself snowmobiling on closed NFS land, finding that the influencer didn't have fair warning that what he was doing might be considered a federal crime.
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July 16, 2024
No 'Racial Animus,' Nuggets Claim In Bid To Toss Fan's Suit
The fan accusing the NBA's Denver Nuggets of racial profiling did not prove that a team employee showed any "racial animus" when he questioned the validity of his ticket at a game last December, the team said as it urged a Colorado federal judge to toss the case.
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July 16, 2024
Cold Brew Co. Inks Deal To End IP Suit Against Mug Maker
A Colorado federal judge has signed off on a cold brew equipment maker and insulated mug company's request to dismiss a trademark infringement suit after the companies agreed to end the fight and pay for their own costs.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
10th Circ. Rejects Okla. Title X Funding Cut Challenge
A Tenth Circuit panel on Monday rejected Oklahoma's challenge to federal cuts of its Title X funding over the state's refusal to provide referrals for abortions, affirming it was likely the state knowingly and voluntarily accepted the Department of Health and Human Services' requirements for the grant funding.
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July 15, 2024
Colo. Judge Asks If Campaign Limits Hinge On Experts
A Colorado federal judge wondered Monday who had the right to decide whether political corruption is enough of a problem to justify state campaign contribution limits, questioning the weight of expert opinion in a bench trial over the constitutionality of those limits.
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July 15, 2024
Crocs Dodges Clog Competitor's Counterclaims In IP Battle
A Colorado federal judge has tossed a pair of counterclaims alleging anticompetitive conduct by Crocs in the shoe company's intellectual property lawsuit against a smaller rival, with the judge concluding that the rival never claimed Crocs said anything untrue or in bad faith.
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July 15, 2024
Widow To Pull $1.7M From Swiss Bank To Pay FBAR Penalties
A logger's widow agreed to pull about $1.7 million from her Swiss bank account to pay down penalties that her late husband's estate owes the IRS for his failure to report offshore accounts, according to a filing Monday in a Colorado federal court.
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July 15, 2024
Lighting Company Not Liable For Fire At Cannabis Farm
A Maryland federal judge has dismissed a lighting company from an insurer's suit alleging that lamps sold by its predecessor company caused a fire at a cannabis farm, saying it can't be held liable as a successor under Maryland law.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
Colo. Prisoners Seek Class Cert. In Slave Labor Suit
A pair of Colorado prisoners have asked a state judge to grant class certification for their suit alleging the state is illegally using them for slave labor, detailing their experiences of punishment like extensive isolation for refusing to work.
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July 12, 2024
Staffing Agency Accused Of Misclassifying Workers
A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.
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July 12, 2024
Real Estate Recap: Mall Makeovers, Military Land, Fundraising
Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.
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July 12, 2024
Gas Co. Says Trader Can't Get Bonus From Risky Trades
A Colorado gas marketing company has urged a state judge to find a former trading director forfeited his right to collect a $3.3 million bonus because it was the result of risky and unauthorized trading, according to a motion asking the court to toss a jury's damages award.
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July 12, 2024
Biggest Colorado Decisions Of 2024: A Midyear Report
The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.
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July 12, 2024
Former Colorado Court Workers Settle Sexism Claims
The Colorado State Courts Administrator's Office said in a joint notice that it has settled a lawsuit in Denver District Court with two former workers who said they were laid off as part of a broader pattern of gender discrimination against female employees.
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July 11, 2024
Colo. Panel Rejects 3rd Party Shields To Anti-Influencing Law
A Colorado law criminalizing attempts to influence public servants doesn't require an offender to personally influence the official "by means of deceit," a state appellate panel ruled Thursday, holding for the first time that a person can be liable for engaging in a plan of deception with a third party.
Expert Analysis
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Deepfakes Remain A Threat Ahead Of 2024 Elections
Although this electoral season has already seen phony videos and images created to deceive the voting public — and deepfakes are surely destined to become all the more pervasive — there is still a lack of legislative progress on this issue, says Douglas Mirell at Greenberg Glusker.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Perspectives
'True Threat' Ruling May Ensnare Kids' Online Speech
The U.S. Supreme Court’s recent Counterman v. Colorado decision correctly held that a showing of intent is required to prosecute someone for true threats, but the amorphous standard adopted by the court risks overcriminalizing children’s use of social media and text-based communications, say Adam Pollet at Eversheds Sutherland and Suzanne La Pierre at Human Rights for Kids.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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How Rate Exportation Is Shifting Amid Regulatory Trends
All banks and their partners, including fintechs, that wish to lend to borrowers in multiple states and charge uniform interest rates should heed regulatory developments across the country and determine how best to mitigate risks in their efforts to offer credit to consumers on a nationwide basis, say attorneys at Ballard Spahr.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Opinion
10th Circ. Remand Of ERISA Claims To Insurer Is Problematic
The Tenth Circuit recently gave the defendant another bite at the apple in David P. v. United Healthcare by remanding Employee Retirement Income Security Act claims for reprocessing, but the statute lacks any provision authorizing remands of ERISA cases, says Mark DeBofsky at DeBofsky Law.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Why Employers Should Heed High Court Web Designer Ruling
While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Barbie Deals Should Remind Brands Of IP Licensing Benefits
Mattel Inc.'s recent licensing of the Barbie trademark — one of the biggest licensing campaigns of recent history — illustrates that, as long as risks are managed properly, intellectual property licensing can form part of the overall business strategy and benefit both parties, say Maria Peyman and Anousha Vasantha at Birketts.