Colorado

  • April 16, 2024

    Zuckerberg Dodges Liability In Meta Addiction MDL, For Now

    A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.

  • April 16, 2024

    Activist Axes $3.6B SilverBow Merger Plan Amid Proxy Fight

    New York-based asset manager Kimmeridge said Tuesday it has scrapped its March offer to create a $3.6 billion Eagle Ford shale operator by combining the assets of Kimmeridge Texas Gas with those of shale driller SilverBow Resources, stating it will now focus on getting its three nominees elected to SilverBow's board. 

  • April 15, 2024

    Funeral Home With Decaying Bodies Accused Of COVID Fraud

    A couple who allegedly stored 190 decomposing bodies in their funeral home have been indicted on federal charges that they also fraudulently obtained COVID-19 relief funds, which they spent on vacations and cosmetic surgery, among other things, Colorado federal prosecutors announced Monday.

  • April 15, 2024

    Colo. Ski Resort's Snowmaking Suit More Than A Decade Late

    A Colorado federal judge on Monday tossed a lawsuit over a ski resort's permit to make snow using a nearby watershed that is a habitat for an imperiled trout species, siding with the U.S. Forest Service in concluding the resort's owner and operator should've filed the claim more than a decade earlier.

  • April 15, 2024

    Allstate Asks Court To Order Takedown Of 'Smear' Posts

    Allstate asked a Colorado federal judge to order a former independent contractor to remove false statements on his website accusing the insurer of selling customers' personal information to criminals, arguing it has been irreparably injured and that the defendant has signaled he has no plans to stop his smear campaign.

  • April 15, 2024

    Shopper Says ConAgra Beans Poisoned Her With Ammonia

    A Colorado woman is suing ConAgra over alleged ammonia contamination in one of its refried bean products, claiming in a lawsuit removed to Colorado federal court Monday that one bite resulted in cuts, blisters and bleeding in her mouth and throat.

  • April 15, 2024

    Counties Say Colo. Can't Limit Their Cooperation With ICE

    Two Colorado counties filed a lawsuit Monday challenging state laws that restrict how local governments can work with federal immigration authorities, arguing that the state constitution forbids such interference with a local government's ability to cooperate with the federal government.

  • April 15, 2024

    Ex-Medical Co. GC's Suit Against Loeb & Loeb Gets Trimmed

    A Colorado federal court has narrowed a lawsuit by a former medical device company's in-house attorney against Loeb & Loeb LLP and an ex-firm attorney for pursuing claims on behalf of the business alleging that he stole its trade secrets.

  • April 12, 2024

    'American-Made' May Include Foreign Parts, 10th Circ. Says

    A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

  • April 12, 2024

    TRO Won't Save Auto Supplier From Fallout, Judge Says

    A Colorado federal judge on Friday denied an auto part supplier's bid to force a business partner to follow through on an exclusivity deal, ruling that a temporary restraining order may not prevent the supplier from having to shut down a facility.

  • April 12, 2024

    Denver Jury Says Dish Wireless Didn't Flout Cell Tower Lease

    A Denver jury has rejected a telecommunications infrastructure company's claim that Dish Wireless Inc. breached a lease for cell tower sites by failing to pay at least $22 million in extra rent, with jurors reaching a unanimous verdict after eight days of trial.

  • April 12, 2024

    Palestinian Groups Ask 10th Circ. To Affirm No US Jurisdiction

    The Palestinian Authority and the Palestine Liberation Organization have urged the Tenth Circuit to affirm a Colorado federal judge's ruling that he has no jurisdiction to consider a case by terrorism victims against the groups, arguing a 2019 federal law can't trump their due process rights.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • April 12, 2024

    Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL

    In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Judge Calls Out Colo. For Limiting Prisoner Calls With Attys

    A Colorado state judge on Thursday said the state's prisons seemed to be imposing "draconian" limits on virtual calls between prisoners and their lawyers, telling officials to figure out how to do more for those seeking to join a proposed class action accusing the state of using them for slave labor.

  • April 11, 2024

    2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge

    The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.

  • April 11, 2024

    Colo. Developer Sues Over Remodeling Impact Fees

    A Colorado developer has accused Pitkin County's Board of Commissioners in Colorado federal court of wrongfully charging impact fees on the remodel of a residential property.

  • April 11, 2024

    NCAA Athletes Can't Get MDL Over Compensation Rules

    The Judicial Panel on Multidistrict Litigation denied the request of NCAA athletes to centralize two suits accusing the organization and five major college sports conferences of exercising a monopoly over labor in Division I sports by not allowing student-athletes to be compensated for their performances.

  • April 11, 2024

    Investors Get OK For $111M Ponzi Case Receiver Passed On

    A Colorado federal judge has given the green light for a group of investors to seek over $111 million from a forex-focused financial technology firm in the U.K. and its affiliate, in a lawsuit alleging they played an instrumental role in a scheme that duped investors and drew the attention of U.S. securities regulators and prosecutors.

  • April 11, 2024

    EPA Says Colo. Air Pollution Plan Approval Was Proper

    The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.

  • April 11, 2024

    Trump Camp Must Face 2020 Election Lies Suit

    A Denver trial court rightfully kept intact a former Dominion executive's defamation claims against Donald Trump's presidential campaign and others, accusing them of spreading false claims that the executive helped rig the 2020 election, a Colorado appellate panel ruled Thursday.

  • April 10, 2024

    Colo. Judge Tosses ACLU Suit Alleging Police Surveillance

    A Colorado federal judge on Wednesday tossed a lawsuit brought by the American Civil Liberties Union on behalf of progressive activists claiming a police department unconstitutionally surveilled their activities, finding the police officers were protected by qualified immunity.

  • April 10, 2024

    Colo. AG Says Kroger Divestiture Plan Is Best Left For Trial

    Colorado's attorney general wants a state judge to block Kroger and Albertsons from presenting evidence about a new divestiture plan at an upcoming hearing on the state's motion to temporarily block the grocers' merger, claiming the yet-to-be revealed plan is a strategy to "win by ambush."

  • April 10, 2024

    Emissions Rules' Foes May Be Forced To Yield To Automakers

    Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.

Expert Analysis

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 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.

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