Colorado

  • February 13, 2024

    Colo. Justice Says Something 'Wrong' With Ski Lift Waivers

    A Colorado Supreme Court justice appeared unsettled on Monday by a ski resort's argument that it could free itself from most liability by requiring guests to sign waivers before riding a ski lift, saying the industry seems to be subverting the will of state lawmakers.

  • February 13, 2024

    Cannabis Site Co. Moves To Ax 'Rambling' Securities Suit

    Decentral Life and its licensees asked a Colorado federal judge Monday to toss an investor's "rambling and incomprehensible" securities fraud suit accusing them of making false statements to trick him into investing more than $1.7 million, arguing most of his allegations fail under the federal pleading requirements.

  • February 13, 2024

    Netflix Streaming Tangible Enough For Sales Tax, Colo. Says

    Netflix can't avoid Colorado sales tax on its streaming subscriptions using a distinction between "physical" and "digital" goods, Colorado's tax department told a state court, arguing that such a distinction is false and the company's goods are "corporeal" and by law subject to the tax.

  • February 12, 2024

    Consulting Firm Says Ex-Partner Stole Captive Insurance Biz

    A consulting firm that assists in establishing captive insurance companies told a Colorado federal court that its former business partner breached its contract by working behind the firm's back to snag its clients and sabotage its business relationships, depriving the firm of both business opportunities and potential commission.

  • February 12, 2024

    Boxer Sues For Chance To Earn Spot On Olympic Team

    An Olympic hopeful is suing USA Boxing for his chance to earn a spot on the organization's boxing team after his win in a quarterfinal bout was overturned, preventing him from moving forward in his Olympic quest, only to be reversed again by an arbitrator.

  • February 12, 2024

    Assure Buys Danam Health To Form $150M Business

    Neurology services company Assure and wellness platform Danam Health said Monday that they will merge in a deal valuing the combined company at roughly $150 million, led by respective legal advisers Dorsey & Whitney LLP and Dykema & Gossett PLLC.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    Colo. Oil Co. Can't Halt Regulators' New Enforcement Efforts

    A Colorado state judge has ruled that his order freezing state oil regulators' actions against K.P. Kauffman Co. Inc. does not stop officials from future enforcement against the oil and gas company.

  • February 12, 2024

    Colo. Public Defender's Office Hit By Computer Hack

    The Office of the Colorado State Public Defender said Monday it has shut down its computer network following a cybersecurity breach.

  • February 12, 2024

    Crypto Pastor Enlisted Family For Scam, Colo. Officials Say

    A pastor accused of running a fraudulent cryptocurrency scheme targeting Christians also recruited his father, in-laws and other church leaders to sell the worthless coin in exchange for commissions of up to $32,500, Colorado's securities commissioner said Monday.

  • February 12, 2024

    Colo. Personal Injury Firm Ditches TM Suit Against Texas Firm

    A prominent Denver personal injury firm has dropped its suit against a Texas rival for allegedly violating a trademark territory agreement, according to an order approved last week by a Colorado state judge.

  • February 09, 2024

    Anschutz Says Exploration Co. Stole Well Stats

    An oil and gas exploration company owned by the Anschutz Corporation has accused a Denver prospector of stealing and sharing its confidential well production statistics to promote a development project, according to a trade secrets lawsuit filed in Colorado state court.

  • February 09, 2024

    Xcel Wants Trial Moved From Where Colo. Wildfire Raged

    Xcel Energy wants to move litigation over a 2021 wildfire to a county away from where the fire occurred, arguing the widespread trauma caused by the fire in Boulder County, Colorado, would make it too difficult to find impartial jurors.

  • February 09, 2024

    Mental Health App Says Former Exec Can't Lead Rival

    Therapy app company SonderMind Inc. has filed a lawsuit in Denver state court alleging a former chief medical officer is violating a non-compete clause he signed by taking an identical role at rival company Rula Health.

  • February 09, 2024

    Colo. Ballot Law Violates Free Speech, Group Tells 10th Circ.

    Parts of Colorado's state-mandated titles for proposed ballot initiatives to cut taxes are inaccurate and would significantly impair a conservative group's ability to communicate with voters, violating its First Amendment rights, the group told the Tenth Circuit.

  • February 09, 2024

    Mother, Son Call Truce In Dispute Over Denver Bar Chain

    A mother and son suing each other over a Denver-area restaurant and bar chain said Friday they would pause their fight as they try to divide their business and personal finances, just as the mother was preparing to argue her son improperly tried to negotiate a settlement while driving her to the airport.

  • February 08, 2024

    5 Key Takeaways From Justices' Trump DQ Arguments

    A special U.S. Supreme Court session Thursday examining Colorado's removal of former President Donald Trump from its primary ballot was dominated by debate over a state's authority to do so, but the justices also found time to examine Reconstruction-era language choices and weigh the benefits of relying on ancient case law — while mostly avoiding the question of Trump's participation in an insurrection.

  • February 08, 2024

    Disbarred Ex-DA Not Immune In False Felony Suit, Rival Says

    A former Colorado district attorney has urged a federal judge to keep alive his case accusing his disbarred successor and political rival of falsely charging him with felony embezzlement, while dropping some claims, arguing that absolute prosecutorial immunity or qualified immunity should not apply.

  • February 08, 2024

    Cannabis Co. Sues Colorado Regulators Over Tracking Rules

    A Colorado company that makes edible cannabis products has sued state regulators over what it describes as a confusing series of regulatory moves in recent months regarding the tracking of cannabis products and their insistence on the use of a particular tracking device through a state contractor.

  • February 08, 2024

    Real Estate Rumors: HGI, Lion Development, Kushner

    An affiliate of Harbor Group International is believed to be the buyer of two apartment complexes near Denver for $132.5 million, a Lion Development venture has reportedly spent $16.5 million on a Miami development site and Kushner Cos. is said to have sold a pair of multifamily properties for $14.7 million.

  • February 08, 2024

    Justices Doubtful Of States' Power To DQ Trump

    U.S. Supreme Court justices were deeply skeptical Thursday that states have the authority to bar Donald Trump from the ballot under the 14th Amendment, repeatedly questioning why Colorado should be allowed to potentially decide the course of the 2024 presidential election.

  • February 07, 2024

    Xcel, Plaintiffs Spar Over Early Details Of Mass Wildfire Suits

    An attorney for Xcel Energy said Wednesday that a proposed trial plan from the nearly 5,000 plaintiffs seeking to hold the utility liable for a 2021 wildfire is "completely unworkable under Colorado law," teeing up a key dispute over how a state court should handle the unwieldy litigation.

  • February 07, 2024

    Colo. Justices Say To Abandon Outdated Restitution Rules

    The Colorado Supreme Court has ruled that appeals panels should look only for clear error when reviewing restitution orders, calling the abuse-of-discretion standard used in a case involving a would-be bike thief "a relic from a bygone statutory era."

  • February 07, 2024

    Colo. Urges Court To Reject Bid To Nix Delivery, Ride Fees

    A Colorado court should throw out a suit from a conservative group challenging new fees on deliveries and online ride-hailing services, attorneys for the state said, arguing that the transportation funding law that created them does not violate any state statutes.

  • February 07, 2024

    AI Co. Can't Bring Job Postings IP Suit In Calif., Judge Says

    A California federal judge has tossed a copyright complaint from a company that accused a Colorado-based competitor of stealing its artificial intelligence-driven job postings database, saying the plaintiff has not shown its rival's alleged conduct is meaningfully connected to the Golden State.

Expert Analysis

  • How Courts Are Treating SEC Disgorgement 3 Years After Liu

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    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.

  • Now Is The Time For State And Local Sales Tax Simplification

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    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.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    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.

  • Navigating The Evolving Consumer Data Privacy Landscape

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    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.

  • 2 Rulings Show How Electricity May Factor Into Bankruptcy

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    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.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    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.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    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.

  • Rethinking In-Office Attendance For Associate Retention

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    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.

  • Opinion

    ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Post-Siegel Trustee Fee Rulings Further Debtor-Friendly Trend

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    One year after the U.S. Supreme Court’s bankruptcy ruling in Siegel v. Fitzgerald left the matter of trustee fee refunds open to lower courts, related rulings have sided with debtors, reminding practitioners of the importance of the constitutional backdrop to statutory law, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    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.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    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.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    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.

  • State NIL Laws Aim To Shield Colleges That Defy NCAA

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    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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