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February 26, 2025
DOJ Says RealPage Can't Ditch Antitrust Claims
The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.
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February 26, 2025
Trump Can't Enact Birthright Citizenship Order During Appeal
A Massachusetts federal judge on Wednesday left in place a block on President Donald Trump's would-be order restricting birthright citizenship, rejecting a bid by the administration to implement the executive action while it appeals the matter to the First Circuit.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 25, 2025
Trump Says Transgender Order Shields Kids From Danger
President Donald Trump's administration said Tuesday that Washington, Colorado and two other states can't block his executive orders targeting transgender people and federal funding for gender-affirming care, because the president has the power to protect children from "potentially dangerous, ineffective" treatments.
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February 25, 2025
Sterilization Co. Can't Pin Cancer On Genetics, Jury Told
A Colorado woman who alleged toxic emissions from a medical sterilization plant caused her breast cancer testified Tuesday in state court that her family's cancer history was not as extensive as she originally believed, as a lawyer for the company pressed her on genetics and other factors that could increase her cancer risk.
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February 25, 2025
State Telecom Roundup: AI On Everyone's Minds
It's been just over two years since artificial intelligence burst onto the scene in a big way with the launch of ChatGPT. After billions upon billions of dollars in investment, AI tools can be found everywhere from the Apple App Store to social media platforms to clothing websites.
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February 25, 2025
Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding
The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.
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February 25, 2025
Outdoor Co. Renews Challenge To Fed. Contractor Wage Hike
An outdoor group renewed its bid to block former President Joe Biden's minimum wage hike for federal contractors after the U.S. Supreme Court declined to review a ruling rejecting the group's preliminary injunction request, telling a Colorado federal court the wage hike is illegal.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
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February 25, 2025
10th Circ. Affirms Falsity Claims Bar Coverage Of HOA Fight
The Tenth Circuit affirmed that two AIG units need not cover a ski resort's homeowners association and other insureds found liable for trying to induce the owner of resort condo units to pay $15.5 million in fees it didn't owe, pointing to what are known as knowledge-of-falsity exclusions.
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February 25, 2025
10th Circ. Asked To Rethink Denying Atty's Racing Deductions
A Denver personal injury lawyer asked the Tenth Circuit to reconsider its decision barring his $300,000 tax deduction for car-racing costs as professional advertising, saying the court deprived him of due process in dismissing his argument that the IRS wrongly denied him a chance to settle.
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February 24, 2025
FDIC Scraps 10th Circ. Brief Backing Colo.'s Opt-Out Law
In a pivot, the Federal Deposit Insurance Corp. on Monday withdrew a Tenth Circuit brief that had supported Colorado in industry litigation against the state's "opt-out" law aimed at curbing higher-cost online lending.
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February 24, 2025
Trump Birthright Citizenship EO Must Stay Paused, States Say
A coalition of states on Monday urged a Massachusetts federal judge to leave in place his preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship while the government appeals, arguing that the injunction merely maintains a centurylong status quo recognizing those citizenship rights.
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February 24, 2025
Mining Co. Hit With Derivative Suit Over Stock Repurchases
A shareholder of Newmont Corp. has sued the Colorado-based gold mining company's top brass, alleging they misrepresented financial information that artificially inflated stock prices and caused the company to overpay for repurchases of its own stock, among other things.
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February 24, 2025
Bioanalysis Co. Worker Fired For Flagging FDA Data, Suit Says
A Colorado bioanalysis research contractor is facing claims it unfairly fired an employee who spoke up about allegedly manipulated data and who said he was terminated "because of his protected medical leave of absence," according to a suit recently filed in federal court.
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February 24, 2025
Judge Finds No Reason To Recuse From Trans Athlete Case
A Colorado federal judge refused to step down from a lawsuit seeking to block a transgender woman from competing on a collegiate women's volleyball team, writing in an order Monday that he has given the plaintiffs "free reign" to make their arguments without requiring use of specific pronouns.
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February 24, 2025
Charter Communications Keeps Trade Secrets Suit In Conn.
A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.
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February 24, 2025
Colo. Justices Toss Student's COVID Refund Class Action
A Colorado State University student seeking classwide fee refunds for campus shutdowns during the coronavirus pandemic can't allege unjust enrichment after her breach of contract claims were tossed, according to a state Supreme Court decision Monday that found the student's position would "obliterate the difference" between the two claims.
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February 24, 2025
Justices Won't Hear Challenge To Colo. Tax Ballot Title Law
The U.S. Supreme Court on Monday let stand a ruling by the Tenth Circuit that a Colorado law requiring that financial impacts be included in the titles of some tax-related ballot initiatives does not cause "improperly compelled" speech.
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February 24, 2025
DHS Says Schools Not Injured By New ICE Guidelines
The U.S. Department of Homeland Security has urged a Colorado federal judge to reject Denver Public Schools' attempt to reinstate protections against immigration enforcement on school grounds, saying the school district failed to show how it is injured by the policy change.
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February 24, 2025
Holland & Hart Bolsters Real Estate Practice In Denver
Holland & Hart LLP said it has added real estate attorney Heather Park Meek as a partner in its Denver office.
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February 24, 2025
Reed Smith Adds 16 Laterals To Launch Denver Office
Reed Smith LLP is bringing on more than a dozen lateral attorney hires from Brownstein Hyatt Farber Schreck LLP, Foley Hoag LLP, Dentons, Akerman LLP, Greenberg Traurig LLP and Cooley LLP to launch its new Denver office, the firm announced Monday.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Real Estate Recap: 'Park Ave' Effect, Federal Leases, Atty Hires
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a fourth-quarter "Park Avenue Phenomenon" seen by top brokerages, industry reaction to the potential federal lease slimdown, and a senior analyst's projection for family office investment in commercial real estate.
Expert Analysis
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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.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.