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Colorado
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November 26, 2024
Claims Court Won't Let US Slip Landowners' Flooding Suit
The U.S. Court of Federal Claims has refused to let the federal government escape a suit filed by property owners who claimed that their properties were taken without just compensation due to years of destructive flooding caused by the U.S. Army Corps of Engineers.
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November 26, 2024
10th Circ. Spikes Bid To Block Trans Athlete From Tourney
A pair of Tenth Circuit judges on Tuesday denied an emergency motion by female volleyball players to block a San Jose State University transgender athlete from competing in a tournament that begins Wednesday, agreeing with a Colorado federal judge's conclusion that the lawsuit's tardiness undermines the request for such quick relief.
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November 26, 2024
Affinity Bar Groups Decry Colo. No-Poach Restrictions
Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm.
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November 26, 2024
Fed. Circ. Won't Review Rejection Of Dish's $3.9M Fees Award
The full Federal Circuit declined Tuesday to reconsider a panel's ruling that vacated a $3.9 million attorney fees award to Dish Network for its successful defense against a Realtime Adaptive Streaming patent suit.
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November 26, 2024
Ex-Faegre Drinker Atty Files Disability Bias Suit
Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.
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November 25, 2024
Colo. Law Could Imperil Dual Banking System, 10th Circ. Told
Texas, Utah and other Republican-led states have joined industry calls for the Tenth Circuit to affirm a court-ordered hold on a Colorado law targeting higher-cost online lending, warning the measure could lead to the unraveling of the dual banking system.
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November 25, 2024
Colo. Judge Won't Keep SJSU Trans Athlete From Tournament
A Colorado federal judge on Monday refused to prohibit a San Jose State University transgender volleyball athlete from competing, shutting down a bid from a group of female players in the sport hoping to secure a preliminary injunction against the Mountain West Conference.
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November 25, 2024
Geologist, Oil Co. Can't Get Approval Of Wage Suit Settlement
A Colorado federal judge put the brakes on a settlement that a geologist reached with the oil and gas producer he accused of failing to pay overtime, saying it's not clear if he alerted other workers of the deal or if a $1 million attorney fee request is reasonable.
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November 25, 2024
Colo. Justices Take Up Political Donor Secrecy Case
The Colorado Supreme Court on Monday agreed to consider whether election officials were allowed to fine a conservative political group for refusing to disclose its donors after it spent millions of dollars on state ballot questions in 2020.
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November 25, 2024
Colo. Firm Sued Amid Ownership Battle For Mental Health Co.
In a fight over control of a business that provides mental health services to adopted children, the widow of one of the business' founders claims that a Denver law firm committed malpractice and unjustly enriched itself when it advised her rivals in the company's board of directors to file "baseless" lawsuits against her and ran up more than $1 million in bills.
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November 25, 2024
3 Firms Guide $11.5B Building Materials Co. Buyout
Summit Materials Inc. announced Monday that it has reached an agreement to be bought out by rival Quikrete Holdings Inc. that sees the construction materials company valued at $11.5 billion, in a deal guided by Davis Polk, Troutman Pepper and Covington.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
DACA Recipient Accuses KeyBank Unit Of Immigration Bias
A KeyBank-owned student loan refinancing and consultation unit was hit with a proposed class action by a Deferred Action for Childhood Arrivals recipient claiming the company uses immigration status as a basis to reject potential customers.
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November 22, 2024
Detainees Ask To Show Jury Inside Of Colo. ICE Facility
Immigrant detainees have asked a Colorado federal judge to allow them to show jurors the inside of a detention facility near Denver run by private prison company Geo Group, arguing that a tour is the best way for jurors to understand key issues in a human trafficking class action involving $1-a-day wages.
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November 22, 2024
Hunting Groups Sue Colo. Wildlife Regulators Over Editorial
Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.
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November 22, 2024
EEOC Backs Rehab Worker's Retaliation Case At 10th Circ.
The U.S. Equal Employment Opportunity Commission on Friday urged the Tenth Circuit to revive an occupational therapist's lawsuit claiming a colleague inappropriately touched her and that she was fired after she reported the co-worker's harassment, arguing the trial court used the wrong standard when it tossed her retaliation claim.
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November 22, 2024
Navajo Co. Dismisses Case Alleging Paralegal Took Docs
A natural resources company owned by the Navajo Nation has dismissed a lawsuit against a paralegal it accused of failing to turn in her computer for removal of its privileged documents, after the paralegal said she had already arranged to surrender her device before the lawsuit was even filed.
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November 22, 2024
DirecTV Scraps Dish Merger After Bondholder Rejection
DirecTV is abandoning a plan to purchase EchoStar's video distribution business Dish DBS, including Dish TV and Sling TV, after Dish DBS' bondholders rejected a proposed exchange debt offer that was required to seal the deal.
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November 21, 2024
Colo. Judge Mulls Whether Mountain West Subject To Title IX
A Colorado federal judge on Thursday asked the Mountain West Conference why it should not be subject to Title IX when its board is "literally a collection of state actors," at a hearing to consider a bid by volleyball players to block a transgender athlete from competing in an upcoming women's tournament.
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November 21, 2024
Forex Trader Gets 23 Years For $93M Investor Fraud
A Colorado federal judge on Thursday sentenced a retired Marine convicted of wire fraud and conspiracy to 23 years in prison for his role in a scheme that swindled investors out of $93 million.
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November 21, 2024
Weed Co. Must Pay $5M To Entrepeneur In Investor Dispute
A marijuana consulting firm must pay $5 million to a former business partner after allegedly derailing plans to purchase a marijuana grow facility in Michigan by convincing the main investors to put their money into a Colorado weed business instead.
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November 21, 2024
Immigration Group Seeks Say In 10th Circ. To Fight Okla. Law
A Tulsa, Oklahoma-based nonprofit that advocates for immigrants has told the Tenth Circuit the state offered no good reason to lock the organization out from intervening in the federal government's lawsuit challenging an Oklahoma law barring unauthorized immigrants from residing in the state.
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November 21, 2024
Settlement Doesn't Void Injury Coverage Ruling, Judge Says
A Colorado federal court refused to set aside its September ruling that an oil and gas production company isn't owed coverage by an electrical drilling company for a worker's underlying injury lawsuit, saying the parties' settlement negotiations don't justify vacating a valid court order.
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November 21, 2024
Feds Outline Next Steps For Colo. River Basin Agreement
The U.S. Department of the Interior released five proposed alternatives for the Colorado River's post-2026 operations aimed at ensuring the long-term stability of the drought-stricken Colorado River Basin for the communities and habitats that rely on it.
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November 21, 2024
House Dems Tell Gorsuch To Recuse Over NEPA Case Conflict
A group of House Democrats has called for U.S. Supreme Court Justice Neil Gorsuch to recuse himself from a dispute over federal environmental review requirements, arguing the court's decision could directly benefit a Colorado billionaire and former client who campaigned for the justice's first judicial appointment.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.