• May 07, 2024

    Title Insurer Gets Partial Win Against Lender In Lien Dispute

    A lender seeking coverage from its title insurer for mechanic's lien claims after the owner of a senior living community defaulted on its $26 million construction loan can only potentially get coverage under a disbursement endorsement in its policy, a Colorado federal court ruled, finding an exclusion applicable.

  • May 07, 2024

    Colo. House OKs Conservation Easement Tax Break Extension

    Colorado would extend its conservation easement tax credit through 2031 and raise its statewide annual cap on available credits under legislation approved Tuesday by the state House of Representatives.

  • May 07, 2024

    Colo. Justices Split Jurisdiction Rules For People, Companies

    The Colorado Supreme Court ruled Monday that while state courts have general personal jurisdiction over corporations that are "at home" in the state even if the corporation isn't based there, those courts only have such jurisdiction over people who actually live in the state.

  • May 07, 2024

    Colo. Senate Approves Property Tax Cuts

    Colorado would extend temporary property tax rate reductions into 2024 and set lower rates for future years under bipartisan legislation passed Tuesday by the state Senate that is forecast to save property owners nearly $1 billion in its first year if enacted.

  • May 06, 2024

    Dish's 5G Roll-Out Enough For Scienter, Investors Say

    Even though Dish Network is maintaining that shareholders' confidential witnesses "witnessed nothing," those shareholders are telling the federal judge overseeing their case that the satellite company's own statements support their claims that Dish hid its 5G network integration issues from them.

  • May 06, 2024

    Colo. Court Order Smashes Atty-Client Privilege, Insurer Says

    The Colorado Supreme Court has agreed to take up an appeal of a Denver trial court order in a construction insurance case that an insurer warns would "eviscerate privilege protection for the vast majority of attorney-client privileged communications in society."

  • May 06, 2024

    Colo. Justices To Hear College COVID Refund Case

    The Colorado Supreme Court said Monday it will consider whether students at Colorado State University campuses can still pursue a class action seeking fee refunds after a state appeals court found the public university system was justified in closing campuses because of the coronavirus pandemic.

  • May 06, 2024

    Fed Law Doesn't Preempt Colo.'s Kroger Deal Challenge: DOJ

    The U.S. Department of Justice weighed in on Kroger and Alberton's arguments that the Colorado attorney general should not be able to challenge their national merger, arguing instead that states have an important solo role and there is nothing stopping a state court judge from blocking a deal regionally.

  • May 06, 2024

    University Policy Is Enforceable Promise, Colo. Justices Find

    The University of Denver must face breach-of-contract claims by a former student who alleges school officials botched a sexual misconduct probe used to support his expulsion, with the Colorado Supreme Court concluding on Monday that the promise in university policy to conduct "thorough, impartial and fair" investigations is enforceable under contract law.

  • May 06, 2024

    Colo. High Court Sanctions Ex-Judge Who Harassed Staff

    The Colorado Supreme Court on Monday formally censured a former state judge who sought out relationships with court staff and tried to get another judge to expedite his father's probate case, finding the judge "repeatedly abused his power for self-gain," and ordered him to pay $51,000 in sanctions.

  • May 06, 2024

    Trump Media Hires Auditor To Replace Firm Accused Of Fraud

    Trump Media and Technology Group Corp. has hired a new auditor, replacing its predecessor firm, which was permanently suspended by securities regulators Friday for alleged "massive fraud" regarding its work with hundreds of clients, according to a filing Monday.

  • May 03, 2024

    The Privacy Report: Legislative Moves You May Have Missed

    Tennessee's enactment of new restrictions on teens' social media use led the charge this week amid a flurry of state and federal efforts to increase protections for minors online, while Connecticut faces a looming deadline to become the first state with a comprehensive framework for regulating artificial intelligence. 

  • May 03, 2024

    10th Circ. Blasted For Warhol Reading In 'Tiger King' IP Suit

    Filmmakers, authors and law professors have urged the Tenth Circuit to revisit its decision to revive part of a copyright complaint against Netflix for its popular "Tiger King" docuseries, arguing that an appeals panel misapplied the U.S. Supreme Court's landmark Warhol decision when it ruled against the streaming service.

  • May 03, 2024

    Colo. Justices' Med Mal Cap Ruling A Win For Patients

    The Colorado Supreme Court's recent decision prohibiting trial courts from considering an injured patient's insurance liabilities before imposing the state's $1 million medical malpractice damages cap was the right call, experts say, and prevents an unfair windfall for negligent health care providers.

  • May 03, 2024

    Colo. Jury Hits Berkshire Unit With $7M Monopoly Verdict

    A Colorado federal jury on Friday awarded the rival of a Berkshire Hathaway-owned construction supplier $6.7 million for the larger company's monopolistic practices, hours after a judge scolded the Berkshire company's lawyer because he "crossed a line" during closings.

  • May 03, 2024

    SEC Fines Trump Media's Audit Firm For 'Massive Fraud'

    The U.S. Securities and Exchange Commission said on Friday that it has fined and permanently suspended the public accounting firm of former President Donald Trump's social media company for allegedly running a "sham auditing mill" by failing to meet industry standards in reviewing the financial statements of hundreds of clients.

  • May 02, 2024

    DaVita Says Nurses Trying Go Around Wage Rulings

    Nationwide kidney care service provider DaVita Inc. has urged a Colorado federal judge to reject a bid by nurses and technicians to merge their wage class action with another suit, arguing Wednesday the plaintiffs are seeking to "circumvent" earlier rulings limiting the case's reach.

  • May 02, 2024

    Financier Says Colo. Cannabis Growers Made Off With Plants

    A private equity firm is looking to claw back some $117,000 in emergency funding it gave to struggling cannabis entrepreneurs in Denver, saying the growers breached the debt agreement by selling off plants and equipment without sharing the revenue with the financier.

  • May 02, 2024

    State Legislators Urge Feds To Change Cannabis' Status

    A coalition of state lawmakers on Thursday urged the heads of the U.S. Department of Justice and its drug enforcement agency to prioritize changing cannabis' status as a highly restricted drug.

  • May 02, 2024

    Colo. Panel Says COVID Can Trigger Workers' Compensation

    A Colorado appellate court panel on Thursday ruled for the first time that COVID-19 can be considered an "occupational disease" under the state's workers' compensation law and affirmed the award of benefits to a woman whose husband died of the novel coronavirus while working at a skilled nursing facility.

  • May 02, 2024

    Split 10th Circ. Spikes $17.3M Atty Fee Over Class Notice

    A split Tenth Circuit panel has vacated for a second time a $17.3 million attorney fee award for reaching a $52 million class action settlement over gas well royalty payments, with the majority writing that the lower court erred by not requiring a new class notice regarding the revised fee bid.

  • May 02, 2024

    Securities Firm Must Face Ex-Worker's Age Bias Suit

    A Colorado federal judge refused to throw out a lawsuit a former securities sales representative lodged against a firm accusing it of firing him and replacing him with two younger workers, saying he put forward enough detail to keep his suit afloat.

  • May 02, 2024

    Snell & Wilmer Adds Armstrong Teasdale Tech Pro In Denver

    Snell & Wilmer LLP's Denver outpost has added a new transactional partner to its corporate and securities team, bringing with him 18 years of experience including co-founding the technology transactions group for Armstrong Teasdale LLP and leading its technology industry group.

  • May 02, 2024

    GAO Backs Navy's Cost Realism Evaluation For Support Deal

    The U.S. Government Accountability Office denied a joint venture's protest of a U.S. Navy decision to tap a competitor for an operations support deal in the Philippines, saying the protest was based on a misunderstanding of cost realism evaluation requirements.

  • May 01, 2024

    Forex Fraudsters Hid Losses From Investors, Jury Hears

    Federal prosecutors told a Colorado jury Wednesday that two men helping run a foreign exchange investment company sold investors on a supposedly successful trading algorithm that ended up being nothing more than a multimillion-dollar fraud.

Expert Analysis

  • 3 AI Regulation Developments Insurers Must Follow

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    Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • How Mental Health Ruling Paves Road For Equal Coverage

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    The Tenth Circuit’s recent ruling in E.W. v. Health Net, which clarified the pleading requirements necessary to establish a Mental Health Parity and Addiction Equity Act violation, is a win for plaintiffs as it opens the door to those who have been denied coverage for behavioral health treatment to prove a mental health parity violation, says Mark DeBofsky at DeBofsky Law.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How Legal Teams Can Prep For Life Sciences' Tech Revolution

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    The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.

  • What To Expect After Colo. Nixes Special Standing Rules

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    Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

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