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Colorado
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May 13, 2024
SEC Says Biotech Co., Atty Should Pay $14M For Investor Lies
Federal securities regulators have said a Colorado biotech startup and two of its founders should pay more than $14 million in ill-gotten profits, including interest, for lying to investors about the company's financial position, arguing that the founders showed a "total disregard" for investors.
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May 13, 2024
Workers Want $775K In Atty Fees After Multistate Wage Verdict
An attorney who secured a six-figure judgment in a multistate wage class action against an Apple-affiliated repair company has asked for more than $775,000 in fees, citing her opponents' "aggressive" litigation tactics and the significant risk she incurred in taking on the case.
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May 13, 2024
Justices Skip Website's Bid To Review Copyright Ruling
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that revived a copyright complaint accusing controversial web forum Kiwi Farms and its owner of infringing the works of self-published author Russell Greer, who wrote about his court battle with pop star Taylor Swift.
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May 13, 2024
High Court Won't Take Up Wyo. Wildfire Suit
The Supreme Court on Monday declined to review a suit by survivors of the 2018 Roosevelt wildfire in Wyoming against the U.S. Forest Service over the government's decisions in fighting the fires.
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May 10, 2024
Real Estate Authority: Norfolk Southern, Big 4 Earnings, HUD
Catch up on this week's key real estate developments by state from Law360 Real Estate Authority — including reflections from co-lead plaintiffs counsel in the Norfolk Southern derailment case, Q1 results from the big four brokers, and a synopsis of billions in new grants from the U.S. Department of Housing and Urban Development.
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May 10, 2024
Atty Says Panoramic Fired Her For Raising Compliance Issues
Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.
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May 10, 2024
Eastman Withdraws From Colo. Suit Amid Disbarment Case
Former Donald Trump lawyer John C. Eastman withdrew as an attorney in a Colorado civil suit on Friday as the California Supreme Court is set to consider a recommendation for the attorney's disbarment.
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May 10, 2024
Colo. Investor Says Fox Rothschild Atty's Missteps Cost $3M
One of three investors behind a Colorado development has filed suit against Fox Rothschild LLP and an attorney in state court, alleging that the attorney's failures led the entity to lose upwards of $3 million when a relationship with the fellow investors soured.
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May 10, 2024
Enviro Groups Say Colo. Rule Gives Many Polluters An Out
Environmental justice groups say a Colorado regulation that was supposed to require on-site monitoring of air pollution in disproportionately impacted communities allows many polluters to get out of the requirement by paying one-time fees, according to a brief filed in a lawsuit challenging the rule.
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May 10, 2024
Texas Man Gambled Away Hemp Biz Investments, SEC Claims
The U.S. Securities and Exchange Commission has filed suit in Colorado against a Texas man and his purported hemp industry investment businesses, alleging he spent over half of nearly $1.3 million raised from investors over three years on sustaining a lifestyle involving full-time gambling.
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May 09, 2024
Judge 'Tempted' To Transfer MLB Scouts' Colo. Age Bias Suit
A Colorado federal judge said Thursday he was "somewhat tempted" to transfer an age discrimination lawsuit brought by former MLB scouts if he ultimately decides the court doesn't have jurisdiction over out-of-state teams, despite believing they may have a "fairly strong" argument that he can oversee the case against the league itself.
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May 09, 2024
Denver Firm Gets $1.4M Fee For Elijah McClain Settlement
A Colorado appellate court Thursday partially reversed a lower court decision awarding roughly $3.1 million to a Denver firm for its work on behalf of Elijah McClain's family in connection with a $15 million federal litigation settlement, ruling that the firm is only entitled to about $1.4 million.
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May 09, 2024
REIT Says Insurers Must Cover Antitrust Conspiracy Claims
A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.
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May 09, 2024
Judge Mulls Twitter's Rent Intent In Colo. Eviction Fight
A Colorado state judge asked a Boulder landlord Thursday why Twitter's intent mattered when it stopped paying rent after being acquired by Elon Musk, as the landlord fights for access to records to rebut the social media company's wrongful eviction claims.
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May 09, 2024
Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims
A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.
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May 08, 2024
Colo. Justice Doubts Auto-Reversal In 'Very Rare' Atty Conflict
Colorado's chief justice questioned Wednesday why a man should get to automatically reverse his sexual assault conviction because his lawyer was being simultaneously prosecuted by the same district attorney's office, a situation that the convicted man said is exceedingly rare.
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May 08, 2024
BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit
The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.
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May 08, 2024
Colo. Judges Urge Attys To Take On More Pro Se Cases
A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.
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May 08, 2024
Colo. Sheriff Fights State Law That Let His Deputies Unionize
A Colorado county sheriff whose staff is unionizing has sued the state over the 2023 law that gave his workers the right to organize, seeking a declaration that the law does not apply to his office.
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May 08, 2024
CBD Retailer Wants To Avoid Privacy Suit
CBD retailer Charlotte's Web Inc. has urged a California federal judge to toss a woman's suit accusing it of secretly recording conversations of those who visit its website, saying the lead plaintiff didn't even use the allegedly wiretapped chat functions and therefore can't have been harmed.
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May 08, 2024
Colo. Lawmakers OK Historic Structure Tax Credit Extension
Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.
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May 07, 2024
85 Lawmakers Join Chorus Opposing Space Force Transfers
A bipartisan group of 85 federal lawmakers on Tuesday joined all 50 state governors in opposing a proposal to allow Air National Guard units to be transferred to the U.S. Space Force without gubernatorial approval, arguing the measure would undermine "the integrity and longstanding mission of the National Guard."
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May 07, 2024
10th Circ. Finds 'Religious Animus' In School's Vaccine Rules
The Tenth Circuit ruled Tuesday that the University of Colorado System's policies regarding COVID-19 vaccine exemptions violated constitutional religious liberty protections, saying its rules were motivated by "religious animus" and should have been blocked by a trial court.
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May 07, 2024
2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution
A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.
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May 07, 2024
Canopy Growth Expands In US With Wana, Jetty Buys
Canadian cannabis company Canopy Growth announced Tuesday that its U.S. division has exercised options to acquire two American companies as part of its goal to establish a domestic "brand-focused powerhouse" — acquisitions for which Canopy spent nearly $370 million.
Expert Analysis
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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State NIL Laws Aim To Shield Colleges That Defy NCAA
The recent passage of name, image and likeness laws in several states, permitting universities to insert themselves into student-athletes' NIL deals despite prohibitions from the National Collegiate Athletic Association, reveals a pattern of greater protections for universities against potential NCAA enforcement action, say Christina Stylianou and Gregg Clifton at Lewis Brisbois.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Legal Pitfalls To Watch For When Advertising Psychedelics
As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.
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ERISA Ruling Shows Why Insurers Must Justify Claim Denials
The Tenth Circuit's recent decision in D.K. v. United Behavioral Health imposed a long-overdue measure of accountability on health insurers by holding that Employee Retirement Income Security Act compliance requires responding to the medical opinions of the beneficiary's treating doctors before denying claims, says Mark DeBofsky at DeBofsky Law.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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Revenue Sharing Argument Might Save Barrick In 401(k) Case
During recent oral arguments before the Tenth Circuit, Barrick Gold presented revenue sharing as an obvious alternative explanation for the selection of higher-cost share classes in its ex-workers’ 401(k) plan, establishing that dismissal of the case would be consistent with U.S. Supreme Court pleading standard precedent, say Emily Costin and Blake Crohan at Alston & Bird.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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How Tenn. Privacy Law Nuances Could Affect Compliance
Tennessee’s recently enacted data privacy law is similar to statutes passed in other states, but also contains its own nuances that could change how a business needs to comply, such as data protection impact assessments and an affirmative defense for violations, say attorneys at Lewis Rice.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Navigating Data Privacy Assessments Amid New State Laws
As more comprehensive privacy laws move through state legislatures, a common thread is the requirement to conduct and document a data protection impact assessment, meaning businesses should establish not only how assessments are to be conducted, but also the standards and frameworks that should be applied, say Alan Friel and Sasha Kiosse at Squire Patton.