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Colorado
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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.
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February 21, 2025
Colo. Woman Tells Jury Sterilization Plant Caused Cancer
A woman claiming medical sterilization company Terumo caused a cancer cluster in her Colorado community took the stand Friday and told a state jury that her lymphoma gave her debilitating fatigue and self-doubt.
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February 21, 2025
CFPB Shutdown Means 'Irreparable Harm,' 23 State AGs Say
Nearly two dozen attorneys general on Friday filed an amicus brief backing the union that represents Consumer Financial Protection Bureau workers in their lawsuit over the agency's shutdown, arguing they will suffer "several forms of irreparable harm" without a preliminary injunction.
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February 21, 2025
Crocs Hit With Stockholder Suit Over Heydude Revenue Woes
An investor hit Crocs Inc. and its top management Friday with a derivative suit alleging they knew that revenue growth from a newly acquired brand was driven by overstocking inventory and wasn't sustainable, claiming company insiders profited off strong revenue reports that later hurt stockholders when inventory problems reared their ugly head.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
Pharma Co. Investors Get Final OK For $3M Settlement
Investors in Colorado pharmaceutical company Ampio have gotten final approval for their $3 million deal resolving claims that its leadership mishandled a clinical trial for the company's sole drug candidate and distributed the drug outside the trial for unapproved use, leading to an internal investigation in which two executives were fired and a disclosure that there was "no clinical pathway forward" for the treatment.
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February 21, 2025
Alcon Hit With Suit Over Allegedly Contaminated Eye Drops
Alcon Laboratories Inc. has been hit with a proposed class action in Colorado federal court alleging that its eye drops are contaminated by fungus, in a case brought by a woman who says she was injured by using the drops for months.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Psychedelic Law Community Copes With Industry Ego Death
After emerging as a hot-ticket practice a few years ago, the psychedelic law sector has encountered some recent setbacks as progress toward loosening state and federal restrictions on mind-altering substances has stalled. But while several psychedelic boutiques have folded, attorneys say that the small community of lawyers passionate about this area of law aren't going anywhere.
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February 21, 2025
NIH Research Cuts Stay On Hold As Judge Mulls Objections
A Boston federal judge on Friday extended her hold on a Trump administration proposal to slash reimbursements from the National Institutes of Health for research grant costs, a move colleges, hospitals and other institutions have said would wreak havoc on scientific research.
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
Expert Analysis
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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.
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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.