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Colorado
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Judge Doubts Okla. Can Stop Title X Cut Over Abortion Stance
A Tenth Circuit judge appeared skeptical Friday that Oklahoma could prevent federal officials from stripping $4.5 million in funding over the state's refusal to provide abortion referrals, suggesting the state's claim of anti-abortion discrimination is better suited to an attack on Title X writ large.
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May 31, 2024
Ore. Watchdog Says Open Discipline Makes 'Stronger' Attys
An Oregon attorney watchdog group said Friday that the state's radical transparency in attorney disciplinary proceedings makes for "stronger lawyers," arguing largely open access to records and trials has combated misconceptions that regulators are there to protect lawyers.
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May 31, 2024
Colo. Establishes Middle-Income Housing Tax Credits
Colorado is creating a pilot program to provide a tax credit for developers of housing aimed at middle-income residents under a bill signed into law by Gov. Jared Polis.
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May 31, 2024
Colo. Justices Agree To Weigh In On Blackstone Lease Row
Colorado's high court agreed Wednesday to answer two key questions in a putative class action against Blackstone subsidiaries, after a federal judge said tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.
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May 31, 2024
Polsinelli's Medical Device Team Gains Ex-Lerner David IP Trio
Polsinelli PC is continuing to grow its intellectual property bench, saying Thursday that it has brought on three attorneys from the boutique Lerner David LLP who focus on intellectual property strategy and protection.
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May 31, 2024
Colo. Judge Will Consider Kroger Divestiture Plan
A Colorado state judge ruled Friday that Kroger Co. can discuss its latest divestiture plan at a hearing on the attorney general's request to temporarily block a $24 billion proposed merger with Albertsons, saying federal courts have not excluded such evidence from similar injunction proceedings.
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May 31, 2024
Snell & Wilmer Hires 2 Armstrong Teasdale Attys In Denver
Snell & Wilmer announced Friday it expanded its team in Denver with the addition of a pair of lawyers from Armstrong Teasdale LLP, one a litigator and the other a corporate attorney.
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May 31, 2024
Judge Rejects Home Service Workers' Class Cert. Redo Bid
A Colorado federal judge once again refused to fully certify a putative class of home service professionals who accused HomeAdvisor Inc. and other parties of running a scheme where poor quality customer leads were generated and sold to home service professionals.
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May 30, 2024
Regulator Says Attys Hit For AI Use Have Themselves To Blame
An attorney for Colorado's ethics watchdog said Thursday that recent disciplinary action against lawyers for filing briefs with fake case citations generated by ChatGPT indicates a "lawyer problem" rather than issues with the technology.
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May 30, 2024
Colo. Justice Says Outside Watchdog Key For Judicial Ethics
A Colorado Supreme Court justice said Thursday that third-party oversight of judges' conduct was crucial to maintaining the public's trust in the legal system, speaking as part of an American Bar Association panel that touched on recent controversies, including those involving U.S. Supreme Court Justice Samuel Alito and his wife.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Data Co. Exec, Worker Guilty Of Fraud In Mail Scam Case
A Colorado federal jury on Thursday convicted two former Epsilon Data Management employees for their roles in selling data to mail scammers who preyed on the elderly and vulnerable.
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May 29, 2024
Celadon Execs Seek Toss Of TA Dispatch Chancery Suit
Former executives of now-defunct Celadon Group Inc. who sold its business assets a few months before the transport and logistics company went bankrupt told Delaware's Court of Chancery on Wednesday that a lawsuit from the disgruntled Alabama buyer should be dismissed because it lacks specifics and rehashes already-settled claims.
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May 29, 2024
NY Attys Back Bid For Justices To Hear Double-Patenting Row
A petition looking to persuade the U.S. Supreme Court to wade into a double-patenting dispute has received support from a trade group of New York patent lawyers.
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May 29, 2024
New Colo. Law Targets AI Deepfakes In Political Ads
Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.
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May 29, 2024
Nestle Purina Sued Over Foul Odors At Denver Plant
Two Colorado residents hit Nestle Purina PetCare Co. with a proposed class action in federal court Tuesday, saying the company's pet food manufacturing facility emits gag-inducing odors that have disrupted lives and reduced property values.
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May 29, 2024
NBA Star's Marketing Biz Says Dish Owes $1.4M
A company owned by Los Angeles Clippers point guard Russell Westbrook sued Dish Wireless in Colorado federal court, accusing the satellite television service provider of not paying more than $1.4 million in invoices for marketing services the basketball player's business provided under a 2021 contract.
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May 29, 2024
Colo. Suspends Ex-Trump Atty For Aiding Ga. Election Lies
A Colorado disciplinary judge has suspended Jenna Lynn Ellis from practicing law in the state for three years over her guilty plea in a Georgia election interference case, after the former attorney and legal adviser to Donald Trump disavowed her actions in a letter that admitted, "I was wrong."
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May 29, 2024
Colo. Creates Tax Credit For Creative Industries Infrastructure
Colorado established a state income tax credit for capital improvement projects that support creative industries, under legislation signed by Gov. Jared Polis.
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May 28, 2024
Data Co. Exec Misled GC About Scammer Sales, Feds Tell Jury
A former Epsilon Data Management executive was well aware that a division of the direct marketing and data company was selling information about millions of consumers to fraudsters and worked to keep the firm's general counsel in the dark about the details, federal prosecutors told a Denver jury Tuesday.
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May 28, 2024
27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law
Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.
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May 28, 2024
Colo. Justices To Mull Atty Advice Defense In Securities Cases
The Colorado Supreme Court has agreed to consider whether the advice a defendant's business attorney gave him is relevant to his state of mind in a securities fraud case, according to an order Tuesday granting the state's petition for appeal.
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May 28, 2024
States, Greens Want Judgment Over USPS' New Vehicle Plan
Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."
Expert Analysis
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Insurance Considerations For State Biometric Privacy Claims
As Connecticut and Colorado join the growing number of states that have enacted biometric data privacy acts auguring significant damages, in-house counsel thinking about insurance coverage for privacy liability should consider several key factors including clarity of exclusions, say Peter Halprin and Tae Andrews at Pasich.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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How Courts Are Treating SEC Disgorgement 3 Years After Liu
Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.
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Now Is The Time For State And Local Sales Tax Simplification
In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Navigating The Evolving Consumer Data Privacy Landscape
As more state legislatures implement data privacy laws, businesses must incorporate strategies to traverse these different legal standards, such as promoting privacy culture and documenting compliance efforts, say Jack Amaral and Jon Farnsworth at Spencer Fane.
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2 Rulings Show How Electricity May Factor Into Bankruptcy
Recent rulings from an Oregon federal court and a New York bankruptcy court have evened a split over whether electricity is a good or a service under the Bankruptcy Code, illustrating the importance of relying on dictionary definitions and prior rulings when arguing that electricity is a good, says Shane Ramsey at Nelson Mullins.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Pay Transparency Laws Complicate Foreign Labor Cert.
State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.