Colorado

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Colo. Judicial Discipline Asks Spiked In 2023, Watchdog Says

    The Colorado commission in charge of policing judges has seen a jump in the number of requests to look into alleged bad behavior by judicial officials, according to the commission's annual report that included the revelation of a private censure and resignation of an unnamed judge who was paying bills for an "illegal sex worker" who was his romantic partner.

  • March 20, 2024

    Breaking Down Each State's Climate Priority Policies

    Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

  • March 20, 2024

    Re/Max GC Sees Light At The End Of Antitrust Tunnel

    Re/Max general counsel Susie Winders has spent several years in a joint defense group fighting antitrust cases brought by sellers over real estate commissions, and she says she is now "very pleased" over recent settlements despite their costs.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 20, 2024

    How BigLaw Vets Are Expanding Trial Boutique Dowd Bennett

    Law360 Pulse recently caught up with James Bennett, co-founder of boutique litigation firm Dowd Bennett LLP, to discuss the firm's expansion this year in Chicago and Dallas.

  • March 19, 2024

    10th Circ. Mulls If $6.4M Judgment Is Tainted By Cannabis Biz

    A Tenth Circuit panel pressed a cannabis entrepreneur Tuesday on his claim that a $6.4 million damages award for an ex-business partner amounts to "vindicating an interest" in federally illegal marijuana sales, with judges asking why the judgment can't be separated from the marijuana business.

  • March 19, 2024

    Mining Co. Faces Investor Suit After Turkey Landslide Losses

    Colorado-based SSR Mining Inc. has been hit with a proposed class action from an investor alleging the company understated the likelihood of a February landslide at its Turkish mine that left nine miners missing and led to the country's government to revoke some of the company's environmental licenses.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    States Converge On Texas' Challenge To EPA Methane Rule

    A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.

  • March 19, 2024

    Colo. Panel OKs Expanding Historic Structure Tax Credit

    Colorado would expand its tax credit for preservation of historic structures, reducing the age requirement for the properties, postponing the sunset of the credit and making other changes under legislation passed by the state House panel.

  • March 19, 2024

    Pro-Trump Mich. Atty Evading Warrant Arrested In DC

    A Michigan attorney facing state criminal charges of tampering with voting machines was released on a $10,000 unsecured bond in Washington, D.C., on Tuesday after she was arrested following a hearing in separate defamation litigation brought by Dominion Voting Systems.

  • March 18, 2024

    Colo. HOA Not Covered In Travelers Repair Payment Row

    A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.

  • March 18, 2024

    Colo. Wildfire Plaintiffs Say Xcel Trial Plan Would Sow 'Chaos'

    Nearly 4,000 Colorado property owners suing Xcel Energy over a 2021 wildfire have argued that the utility's proposal to try all of their liability claims together would create a "chaotic and expensive mess" and potentially result in "serial juries" awarding different damages later on.

  • March 18, 2024

    SunZia Argues Suit Over Power Line Project Filed Far Too Late

    The developer of the proposed SunZia Southwest Transmission Project is asking an Arizona federal court to dismiss claims that the U.S. Department of the Interior failed to take a proper look at historic properties and cultural resources that the 550-mile power line might affect, arguing that the allegations are time-barred.

  • March 18, 2024

    Vexed Judge Rejects Apple Affiliate's Bid To Duck Judgment

    A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.

  • March 18, 2024

    High Court Declines To Review Appeal Of EMT Liability Suit

    The U.S. Supreme Court on Monday declined to take up an appeal of a Tenth Circuit decision finding a group of EMTs had qualified immunity in a suit alleging their failure to secure the neck of a man who'd been injured in a bar fight caused his death.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Colo. Judge Iffy On State's Logic For Netflix Sales Tax

    A Colorado state judge Friday seemed skeptical of the state's arguments for why a Netflix subscription should be subject to sales tax, commenting that she has no illusions of owning "Bridgerton" when streaming the show online.

  • March 15, 2024

    Judge Asks Colo. Why Grocery Merger Case Can't Wait

    A state judge in Denver has asked Colorado enforcers why they need to have a hearing on their bid to block Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons before other hearings in challenges from federal enforcers and Washington state.

  • March 15, 2024

    Colo. OKs Local-Option Property Tax Credits

    Local governments in Colorado will be authorized to grant property tax incentives to encourage improvement in areas of local concern under legislation signed into law Friday by Democratic Gov. Jared Polis.

  • March 15, 2024

    Colo. Landowners File Fifth Oil Royalty Case After Dismissals

    A group of oil and gas lessors are hoping the fifth time will be the charm for their proposed class action in Colorado federal court against a pair of energy companies, after the Tenth Circuit gave them a window to refile claims dismissed four previous times. 

  • March 15, 2024

    Jury Hands Colo. Sportscaster Air Ball In Kroenke Bias Suit

    A Colorado federal jury has rejected a Hispanic sportscaster's claims of discrimination against pro sports empire Kroenke Sports & Entertainment in a suit alleging his former employers farmed out his duties to white coworkers and demoted him due to his race, age and substance-use disability.

  • March 15, 2024

    Trade Secret Cases Are Up As Clients Eye Patent Alternatives

    Trade secret litigation has seen a gradual increase over the past decade, driven by the promise of substantial damages awards, a new federal law, and frustration over the challenges of patent litigation, according to intellectual property attorneys.

Expert Analysis

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • 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.

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