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Colorado
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December 17, 2024
Mountain West Conference Hit With New Suit Over Exit Fees
Two schools sued the Mountain West Conference on Tuesday, alleging its punishing exit fees are stifling their ability to join the rival Pac-12 Conference, echoing Pac-12's antitrust case against Mountain West over supposed efforts to stifle Pac-12 recruitment.
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December 17, 2024
AGs Can File Opposition To Clearview AI BIPA Deal
An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.
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December 17, 2024
Colo. Atty Accused Of Poaching Seeks State Justices' Take
It's time for Colorado's Supreme Court to weigh whether law firms may prohibit attorneys from soliciting co-workers to depart their firm together, a lawyer accused of soliciting BigLaw firms to poach her department from a Denver personal injury firm argued Monday, asserting the case is a matter of first impression.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
'Exploding' Crock-Pot Caused $56M In Damages, Jury Says
A Colorado federal jury found Friday that an "exploding" Sunbeam pressure cooker caused $55.5 million in damages to a Denver woman, but also said the woman was 10% responsible.
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December 16, 2024
Colo. Justices Revoke Decision On Eviction Jury Trials
The Colorado Supreme Court on Monday rescinded its October ruling that tenants facing eviction are entitled to jury trials if there are factual disputes, after a tenant revealed in her rehearing petition that she was sent an eviction notice in the mail and wasn't personally served.
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December 16, 2024
SEC Says Colo. Nonprofit Flouting Probe Into Potential Fraud
The U.S. Securities and Exchange Commission has asked a Colorado federal judge to order a religious-themed financial literary organization to comply with a subpoena in the agency's investigation into possibly unregistered securities and crypto assets.
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December 16, 2024
Albertsons Says Kroger 'Squandered' $25B Merger Bid
The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 16, 2024
Firm Tells Colo. Justices To Ignore Ex-Atty's Poaching Petition
A petition to have the Colorado Supreme Court review a decision upholding a verdict against an attorney accused of soliciting BigLaw firms to poach her department at a personal injury firm must fail, her ex-firm told the high court, as it presents "no novel or complicating issue."
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December 13, 2024
Delivery Driver Earned Too Much To Sue Under Fed. Wage Law
A delivery worker can't advance his suit claiming a Papa John's franchise violated the Fair Labor Standards act by inadequately paying for on-the-job expenses and vehicle wear and tear, with a Colorado federal judge ruling the worker lacked standing because his pay still topped the federal minimum wage.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
Medical Device Co. Brass Hid SPAC's True Value, Suit Says
The executives and directors of a healthcare holding company have been hit with a shareholder derivative suit in Colorado federal court alleging the company hid the financial and regulatory risks it faced to inflate its value after merging with a blank check company.
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December 13, 2024
10th Circ. Leans Against Spiking Colo. Air Plan
A Tenth Circuit panel appeared inclined Friday to order the U.S. Environmental Protection Agency to reconsider its approval of a Colorado air emissions permitting program that a green group challenged as too permissive.
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December 13, 2024
Northwestern Law Prof. Flouted 'Abundantly Clear' Sanctions
A Colorado federal judge once again ordered a Northwestern University law professor Friday to complete a $5,000 sanctions payment for frivolous litigation in an estate matter, chiding the professor for ignoring "abundantly clear" directions that a donation to charity was not sufficient.
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December 12, 2024
Utah State Drops Out Of Suit Over Trans Volleyball Player
Utah State University has dropped its intervening complaint in a lawsuit against the Mountain West Conference that sought to stop a transgender athlete from participating in a now-finished volleyball tournament, days after the collegiate athletic conference asked the Tenth Circuit to toss an appeal in the case as moot.
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December 12, 2024
Photobucket Accused Of Training AI On Photos Sans Consent
A proposed class action filed in Colorado federal court Wednesday alleges that image hosting website Photobucket unlawfully used billions of photographs uploaded by users for biometric data and training artificial intelligence.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Prison Co. Says Jurors Shouldn't See ICE Facility In TVPA Suit
Private prison operator Geo Group urged a Colorado federal judge to deny immigrant detainees' request to show jurors the inside of its detention facility in a trafficking case, including the size of housing units, arguing Wednesday the facility's size will not be relevant when determining whether detainees performed forced labor.
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December 12, 2024
JUDGES Act Passes House But Biden Veto Looms
The House voted 236-173 on Thursday to pass a bill to add more judgeships, which tees it up for a likely veto by the president, as many Democrats have soured on the measure after Donald Trump's victory at the polls.
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December 11, 2024
Grocery Store Rulings Back Enforcers' Merger Approach
Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.
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December 11, 2024
Wyoming Defends Hemp Law At 10th Circ.
Wyoming's hemp law, which imposes new restrictions on hemp-derived THC and bans products with more than 0.3% THC, should continue uninterrupted, the state told the Tenth Circuit, saying the statute is neither unconstitutional nor preempted by federal law.
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December 11, 2024
Group Targets Air Force Academy Over Race In Admissions
Conservative advocacy group Students for Fair Admissions filed a lawsuit in Colorado federal court on Tuesday challenging the U.S. Air Force Academy's consideration of race in admissions decisions.
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December 11, 2024
After Veto Threat, Courts Warn Need For More Judges Urgent
Following President Joe Biden's veto threat of a bill to add more federal judgeships, the Administrative Office of the U.S. Courts warned Wednesday that there is an urgent need for more judges despite the White House's claim that there's no immediate need to create more seats.
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December 11, 2024
CORRECTED: Jury Finds Poultry Co. Owes $10.5M For Bony Chicken
Pilgrim's Pride owes Washington-based grocery vendor Innovative Solutions Inc. $10.5 million for consumer protection and negligence claims, a federal jury said Wednesday, capping off a weeklong trial in which Innovative accused the poultry producer of selling it bony chicken that ultimately ruined a chicken burger deal with Trader Joe's. Correction: An earlier version of the story misstated the verdict amount. The error has been corrected.
Expert Analysis
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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How States Are Approaching AI Workplace Discrimination
As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.
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The Risks Of Employee Political Discourse On Social Media
As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Opinion
Congress Must Do More To Bolster ERISA Protections
As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.