Colorado

  • April 22, 2024

    Kroger, Albertsons Expand Divestiture Plan

    Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.

  • April 22, 2024

    Colo. Sales Tax Can't Touch Netflix Subscriptions, Judge Says

    A Colorado judge has sided with Netflix Inc. in a fight with the state over whether its streaming service subscriptions are subject to sales tax, finding that because the subscriptions can't be physically touched, they don't fit the law's definition of "tangible" property.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    Cleaning Crew Says United Airlines Unit Didn't Pay All OT

    A United Airlines subsidiary providing cleaning services on planes failed to properly pay cabin workers for the nonscheduled overtime they worked, according to a proposed class action the company removed to Colorado federal court.

  • April 22, 2024

    11 State AGs Urge Senate To Confirm Mangi For 3rd Circ.

    A group of 11 attorneys general is calling on the Senate to confirm Adeel Mangi, nominee for the Third Circuit, who would be the first federal Muslim appellate judge if confirmed, condemning allegations that he is antisemitic or anti-law enforcement.

  • April 19, 2024

    Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit

    Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."

  • April 19, 2024

    Dr. Says Colo. Plaintiffs Bar Trying To Open Tort Floodgates

    A doctor is asking the Colorado Supreme Court to scuttle a proposed ballot initiative that would remove noneconomic damages caps for certain claims, arguing that the measure is unconstitutionally broad and would turn the state into "one of the most plaintiff-friendly jurisdictions in the country."

  • April 19, 2024

    TCPA Only Protects Consumers, Fax Co. Worker Says

    One fax services company can't sue another for carrying out what it says is "possibly the largest junk fax operation in the United States" because it doesn't count as a consumer under the Telephone Consumer Protection Act, an employee of the company being sued has told a Colorado federal court.

  • April 19, 2024

    FAA Probing Rockies Coach's Mid-Flight Visit To Cockpit

    The Federal Aviation Administration on Friday confirmed it has launched an investigation after Colorado Rockies hitting coach Hensley Meulens posted a video of himself sitting inside the cockpit during a United Airlines team-chartered flight.

  • April 19, 2024

    Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

    In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.

  • April 18, 2024

    BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.

    The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.

  • April 18, 2024

    Colo. Panel Says UIM Insurers Didn't Meet State Requirements

    USAA and State Farm didn't meet statutory requirements before asserting that a mutual insured didn't comply with their claim inquiring following a motor vehicle incident, a Colorado state appeals court ruled Thursday, adding USAA was required to conduct a claim investigation independent of State Farm's.

  • April 18, 2024

    $100M Arbitration Award Restored In Colo. Dispensary Fight

    A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.

  • April 18, 2024

    Alleged Funeral Home Fraudster A Flight Risk, Can't Leave Jail

    A Colorado federal judge on Thursday ordered an owner of a funeral home where hundreds of bodies were allegedly left to decompose to stay in custody while he awaits related fraud charges, ruling that the potential for a hefty sentence made him a flight risk.

  • April 18, 2024

    Patient Data Breach Suit Should Be Tossed, Colo. Judge Says

    A judge has recommended that CommonSpirit Health be allowed to escape a proposed class action in Colorado federal court accusing it of failing to secure healthcare data leading to a breach affecting more than 600,000 patients, saying the complaint fails to "allege an injury-in-fact."

  • April 18, 2024

    NCAA Reforms Division I Transfer Rule, Upgrades NIL Policy

    The NCAA Division I Council voted unanimously to allow certain transferring student-athletes to be immediately eligible to play on the teams of their new schools, following a multistate antitrust lawsuit challenging current restrictions.

  • April 17, 2024

    Wilson Sonsini-Led Digital Marketer Ibotta Inks Upsized IPO

    Walmart-backed digital marketing platform Ibotta Inc. on Wednesday priced an upsized, $577.3 million initial public offering above its range, represented by Wilson Sonsini Goodrich & Rosati PC and underwriters' counsel Willkie Farr & Gallagher LLP.

  • April 17, 2024

    Ex-Trump Atty: Colo. Discipline Claims Barred By Prior Case

    Former Trump attorney Jenna Ellis has told a Colorado disciplinary judge that the state can't bring a pair of new claims against her for criminal conduct and dishonesty related to her guilty plea in Georgia, arguing that the state could have investigated those issues in an earlier case but did not.

  • April 17, 2024

    First-Of-Its-Kind Brain Data Privacy Bill Passes In Colo.

    Colorado Gov. Jared Polis on Wednesday signed a bipartisan bill to protect the privacy of individuals' brain activity, marking the first time in the United States that a law expands the definition of "sensitive data" to include biological and neural data.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    Alien Influencer, Ex-Partners Walk Away From IP Row

    A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry. 

  • April 17, 2024

    Lewis Brisbois Adds Employment Pro From Fisher Phillips

    Lewis Brisbois Bisgaard & Smith LLP announced Wednesday it has brought aboard a new partner to lead the Denver branch of its national labor and employment practice who has more than 10 years of law firm experience, most recently at Fisher Phillips.

  • April 17, 2024

    Colo. Judge Slams Attys For Petty 'Squabbles' In Patent Fight

    A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.

  • April 16, 2024

    Cooler Co. Says License Revelation Guts Rival's Patent Claim

    A Canadian cooler maker has urged a Colorado federal judge to toss a rival's patent infringement claims in a dispute over soft-sided coolers, arguing that the rival failed to disclose a licensing agreement that shows it never had the right to claim infringement in the first place.

  • April 16, 2024

    Judges Doubt Denver Transit Co.'s $112M Loss Is Protected

    A pair of Colorado appellate judges on Tuesday grilled an attorney representing a company claiming its contract with a regional transit authority protected it from $112 million in losses after state regulators changed the rules, asking how the problems that caused the losses weren't the company's own fault.

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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