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September 25, 2024
NJ Hemp Restrictions Draw Early Industry Challenge
A group of companies that manufacture and sell hemp products asked a New Jersey federal court Tuesday to block the enforcement of a new Garden State law restricting and regulating the sale of intoxicating hemp products.
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September 25, 2024
Holland & Hart Adds Family Law Talent To Denver Office
Holland & Hart LLP announced it has invested in family law talent with the addition of two practitioners with experience advising high-net-worth people and families, along with two paralegals.
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September 25, 2024
10th Circ. Revives Amazon Worker's Overtime Suit
The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.
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September 24, 2024
10th Circ. Judge Wants More Info Before Arbitration Decision
A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.
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September 24, 2024
NLRB Office Signs Off On Near $450K Deal With Musk Brother
A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.
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September 24, 2024
Colo. Justices Float Limits For Litigants' Public Records Asks
Colorado Supreme Court justices were skeptical Tuesday that litigants were blocked from using the state's public records law to request documents from agencies and boards they are suing, though they also expressed reservations about just how far such litigants could go.
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September 24, 2024
Pilates Co. Stretches Patent Campaign To ITC
A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists."
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September 24, 2024
Insurer Says Telecom Co. Not Covered For Marshall Fire Suits
A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Amneal Latest Generic EpiPen Maker To Fight Colo. Law
Amneal Pharmaceuticals has sued Colorado in federal court alleging that a state drug affordability program resulted in unconstitutional takings of its generic epinephrine auto-injectors.
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September 23, 2024
Profs, Retired Judges Ask Justices To Uphold Return Of Taxes
Two former bankruptcy judges and a group of law professors threw their support behind the bankruptcy trustee of a Utah transportation company seeking to convince the U.S. Supreme Court that the IRS, like any other creditor, should have to return payments deemed fraudulent under state law.
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September 23, 2024
Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight
A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.
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September 23, 2024
Insurer Can't Escape Toddler Injury Suit Over Dollar Tree Mints
A Missouri federal judge tossed an insurer's bid to escape coverage of underlying litigation alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree, writing that the carrier's "broad interpretation" of its total pollution exclusion "yields an absurd result."
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September 23, 2024
Taft To Combine With Denver-Based Sherman & Howard
Taft Stettinius & Hollister LLP will expand into the Mountain West region by combining next year with Sherman & Howard LLC, Denver's oldest and third-largest law firm, the two firms announced Monday.
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
Law Professors Say Boulder Climate Suit Clearly Preempted
Two law professors and a conservative legal nonprofit have urged Colorado justices to toss a city's climate tort lawsuit, arguing that the claims are clearly preempted by the Clean Air Act and that the city should not be allowed to make climate change policy decisions for the rest of the country.
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September 20, 2024
States Tell 10th Circ. To Back Colo. Interest Rate Opt-Out Law
Attorneys general for 13 states and Washington, D.C., asked the Tenth Circuit on Friday to uphold a Colorado law imposing more restrictive interest rate caps on loans made to its residents by out-of-state banks, arguing that a federal judge's injunction "nullifies the authority granted to states by Congress" to protect consumers from abusive lending practices.
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September 20, 2024
Eviction Law Firm Says Tenant's Fee Class Action Untimely
An eviction law firm pushed a Colorado federal court to toss a proposed class action filed by tenants who claim the firm illegally charged them attorney fees before their eviction proceedings were resolved.
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September 20, 2024
Okla. Says Precedent Doesn't Bar All State Immigration Laws
Oklahoma told the Tenth Circuit that a district court wrongly extended U.S. Supreme Court precedent to block a law making it a crime for unauthorized immigrants to be in Oklahoma, saying not all state immigration measures have been deemed preempted.
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September 20, 2024
5th Circ. Says Tribunal Properly Slashed $10.6M Gas Award
A lower court improperly vacated an arbitral tribunal's decision slashing some $4 million from a $10.6 million award issued to a Colorado-based exploration company following a dispute over a Cameroonian natural gas project, the Fifth Circuit ruled Thursday in a published opinion.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 19, 2024
10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea
The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.
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September 19, 2024
Ch. 7 Trustee Urges Justices To Uphold Return Of Taxes
The bankruptcy trustee of a defunct Utah transportation company warned the U.S. Supreme Court on Thursday that overturning a decision forcing the IRS to return tax payments made by company directors to cover their personal debts would encourage shareholder fraud.
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September 19, 2024
Dish Concocted Issues To Escape $10M Contract, Suit Says
A company contracted by two Dish Network units to build cabinets for the telecom company's equipment says Dish manufactured problems with the cabinets in an attempt to escape the $10 million contract, according to a Colorado federal complaint seeking damages over the scuttled deal.
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September 19, 2024
Cleaning Co., H-2B Workers Nab Final OK For $400K Deal
A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.
Expert Analysis
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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.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.