• January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    10th Circ. Rules Counsel Duped Client Into Guilty Plea

    In a precedential ruling, the Tenth Circuit has allowed a Black Oklahoma man to withdraw his guilty plea on felony possession of ammunition charges, determining that his court-appointed lawyer incorrectly told him he would not face an impartial jury of his peers, thus robbing him of his constitutional rights.

  • January 24, 2024

    Colorado Company Says Receiver Tipped Scales In $17M Deal

    A Colorado company accused a receivership business in Colorado state court of helping the owners of assets at stake in a $17 million deal use the offer as a "stalking horse" so the owners could put together a better counterbid.

  • January 24, 2024

    Nuggets' Parent Co. Says Host's New Allegations Are Too Late

    The parent company of the NBA's Denver Nuggets and sports broadcaster Altitude Sports and Entertainment have urged a Colorado federal court to bar new allegations related to the recent layoff of a Hispanic sportscaster who is suing the companies for discrimination, arguing it's too close to the upcoming trial date.

  • January 24, 2024

    Immigration Atty Representation Rates Dropped, Report Says

    The average rate of immigration attorneys available to represent noncitizen clients in the rising backlog of cases pending in immigration courts across the country has dropped from 65% five years ago to 30%, according to a report published by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.

  • January 24, 2024

    Utility Drops Suit Over Colo. Regulators' Rate Ruling Delay

    A Colorado state judge has scrapped a natural gas utility's lawsuit accusing state energy regulators of improperly putting off a decision on its proposal for recovering gas storage costs, after the company said it would walk away from the litigation.

  • January 23, 2024

    States Fear For Rights As Feds Press High Court Water War

    The U.S. Supreme Court's decision to consider whether the federal government was inappropriately excluded from a Rio Grande water sharing agreement between Texas, New Mexico and Colorado raises novel questions about the United States' interests and role in such interstate deals, an important issue as water concerns increase across the nation.

  • January 23, 2024

    AECOM Says Contractor's $5M Pretrial Concession 'Too Late'

    The design and engineering giant AECOM said it was too late for a joint venture to concede liability on a $5 million damages claim in a Colorado toll lanes project dispute, telling a federal judge that the venture blew its chance and the firm is "no longer willing" to negotiate a pretrial deal.

  • January 23, 2024

    NCAA Seeks Pause Of Colo. Suit Amid Consolidation Review

    The NCAA and various conferences have asked a Colorado federal judge to pause a proposed class action filed by a group of athletes hoping to share in the profits of televised sports matches, while a multidistrict litigation panel mulls a motion to transfer the case.

  • January 23, 2024

    Ex-NFL Player Fights Recommendation To Toss Benefits Case

    A former NFL player has urged a Texas federal court to reject the recommendation by its magistrate judge to throw out his suit seeking the highest tier of benefits for injuries that ultimately ended his career, saying it fails to take a holistic approach to his injuries, which is a "repugnant" practice that disregards the violent nature of the game.

  • January 23, 2024

    Parents, Transportation Co. Resolve $16M New-Trial Dispute

    The parents of a man killed in an auto crash and the company the family sued have "resolved" their dispute over whether there should be a new trial after a jury awarded the family $16 million, a Michigan federal judge said.

  • January 23, 2024

    Workers Want Atty Sanctioned For Trying To Duck Judgment

    A group of workers who won roughly $840,000 in back wages and damages asked a North Carolina federal court to sanction their employer's attorney for leveling what they described as baseless attacks against their counsel and to deny the company's bid to escape the unpaid wage judgment.

  • January 23, 2024

    ​​​​​​​'Two-Step' Bankruptcies Abuse Law, AGs Tell Justices

    Attorneys general from 24 states and the District of Columbia told the U.S. Supreme Court on Monday that divisional mergers that manufacture jurisdiction for bankruptcy purposes shouldn't be allowed, writing in an amicus brief that Georgia-Pacific asbestos unit Bestwall employed the tactic to shield the parent from liability.

  • January 23, 2024

    Netflix Tells Colo. Court Streaming Not Subject To Sales Tax

    Streaming services provided by Netflix Inc. in Colorado do not constitute tangible personal property and are not subject to sales tax, the company told a state court, saying decades of state law back its claim.

  • January 23, 2024

    Colo. Says Sick Leave Law Is In Line With Federal Regs

    The State of Colorado asked a federal court to grant it an early win in an airline trade group's lawsuit seeking to block the state's sick leave law, saying the federal laws the group had cited do not interfere with the state's ability to promulgate a new labor law.

  • January 22, 2024

    Anesthesiologists Want Quick Ruling On Medicare Calculation

    Four anesthesia practices are asking a federal court to expedite resolution of a complaint in which the providers say a merit-based methodology for calculating Medicare rates will cost them almost $4 million in reduced reimbursements in 2024.

  • January 22, 2024

    Mass. Voters To Appeal Loss In Trump Ballot Challenge

    Voters trying to disqualify Donald Trump from the Massachusetts ballot for his role in the Jan 6. Capitol riot pledged Monday to appeal to the state's highest court an administrative panel's decision finding it lacked jurisdiction to consider the challenge. 

  • January 22, 2024

    Colo. Hotel Owners Stymied Property Sale, Investor Says

    The estate of a Colorado hotel investor has said the CFO and president of the hotel have prevented the sale of the property since 2021 and obtained mortgages on the hotel for their own benefit.

  • January 22, 2024

    Background Check Co. Says Court Mistreated It As Insurer

    A background check company urged a Colorado federal court to reconsider a ruling that the company had to defend and indemnify a now-defunct security services provider, arguing that the court used properties of insurance law to improperly expand its contract.

  • January 22, 2024

    World Cup Workers' Abuse Claims Are Misdirected, US Co. Says

    Filipino laborers who claimed they were subjected to abusive work and living conditions while helping build facilities for the 2022 FIFA World Cup in Qatar aimed their ire in the wrong direction, a U.S. construction company told a Colorado federal judge in a bid to dismiss the suit.

  • January 22, 2024

    BP Wants 10th Circ. Re-Do Over $700K Royalty Payout

    BP urged the full Tenth Circuit to reconsider letting it off the hook for nearly $700,000 in royalty underpayments for federal natural gas leases in Wyoming after a panel affirmed an order by the U.S. Department of the Interior requiring the oil and gas producer to pay up.

  • January 22, 2024

    Colo. Justices OK Urban Renewal Tax Formula

    Colorado's justices on Monday upheld the state's method for deciding how much of an area's increased property tax revenue should go to the redevelopment agencies that helped revitalize it, unanimously ruling that an urban renewal law doesn't require a specific methodology.

  • January 22, 2024

    NFL Coaches Push 2nd Circ. To Deny Attempt To Toss Appeal

    Former Miami Dolphins head coach Brian Flores and his co-plaintiffs have argued before the Second Circuit that they are allowed to appeal a lower-court ruling compelling arbitration against the NFL in their racial discrimination lawsuit, contrary to the NFL's claim that they have no right to do so.

  • January 22, 2024

    Cyberattack Yields Mistrial In Scam Marketing Case

    A Colorado federal judge declared a mistrial Monday morning in prosecutors' fraud case against workers accused of boosting their employer's clients' scams, telling jurors picked last week their service was no longer needed after an unspecified hacking incident over the weekend. 

  • January 22, 2024

    Colo. Atty, Ex-Lawmaker Suspended For Botched Estate Claim

    A Colorado lawyer and former state senator has been suspended from practicing law after failing to inform a client he did not timely file her $41,000 estate claim.

Expert Analysis

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

  • 10th Circ. ERISA Ruling Is Promising For Self-Funded Plans

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    Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What To Know About Calif.'s Cybersecurity Draft Regulations

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    If adopted, California’s recently proposed privacy regulations would require businesses already subject to the California Consumer Privacy Act to conduct new, independent audits of their cybersecurity programs, which could have a sweeping effect on companies operating in the state, say attorneys at Ropes & Gray.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • State Privacy Laws: Not As Comprehensive As You May Think

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    As more U.S. states enact privacy laws, companies must be aware that these laws vary in scope and content, meaning organizations should take a stringent approach to compliance by considering notice, choice and data security obligations, among other requirements, says Liisa Thomas at Sheppard Mullin.

  • Takeaways From Recent Developments In Bank-Fintech Space

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    Several recent consumer protection advancements affecting banks, technology and fintech companies, including the issuance of final regulatory guidance relating to third-party risk management, reemphasize the importance of closely assessing true lender issues in bank-fintech partnership arrangements, says Eamonn Moran at Norton Rose.

  • Deepfakes Remain A Threat Ahead Of 2024 Elections

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    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.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    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.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    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.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    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.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
    Author Photo

    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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