• 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.

  • March 14, 2024

    Denver DA Settles Ex-Deputy's Gender Pay Discrimination Suit

    The Office of the Denver District Attorney has settled a Colorado state court lawsuit with one of its former prosecutors, who alleged she was paid less than her male colleagues in similar roles, and the office disclosed Thursday it agreed to pay the attorney $7,500 to resolve the dispute.

  • March 14, 2024

    Colo. Surgery Center Can't Undo Contract Breach Verdict

    A Colorado appellate panel saw no reason to disturb a jury's half-million-dollar verdict finding a surgery center breached a contract with a management firm and failed to pay for work outside the contract, concluding that even if jurors got the wrong instructions, they wouldn't have made a different decision.

  • March 14, 2024

    Backers Of Colo. Wolf Release Can Defend State's Plan

    Defenders of Wildlife and other conservation groups can participate in a lawsuit seeking to block the further reintroduction of gray wolves into the state of Colorado, after a federal judge on Thursday said the groups have different interests from government agencies defending decisions related to the plan.

  • March 14, 2024

    Colorado Truckers Too Few, Too Local For Class Treatment

    A group of truck drivers who allege they were denied adequate overtime or meal and rest breaks cannot pursue their claims as a unified class, as a Colorado federal judge ruled that they were too few in number and too easy to contact to justify consolidation.

  • March 14, 2024

    Colo. Magistrate Judges Tell Attys To Load Up Their Dockets

    A group of federal magistrate judges for the District of Colorado told a room of attorneys Wednesday not to dismiss them as the "junior varsity bench," urging lawyers to take advantage of their expertise in a district where the latest newly appointed district judges all served as magistrate judges first.

  • March 14, 2024

    NFL Had Ample Cause To Deny Disability Benefits, Court Says

    A Texas federal judge has tossed a former NFL player's suit against the league for denying him permanent disability benefits, following the recommendation from a magistrate judge who determined that, although injuries ultimately ended his football career, eight different doctors had said he was capable of working.

  • March 14, 2024

    Most States Fall Short In Disclosing Justices' Finance Reports

    The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.

  • March 13, 2024

    Jury Awards Photog $3.1M In Licensing Fight Against Otter

    A Colorado federal jury has said a California photographer is entitled to about $3.1 million in a copyright suit after finding that cellphone case maker Otter Products LLC wrongly copied various images.

  • March 13, 2024

    EPA Designates First Navajo Nation Superfund Site

    The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.

  • March 13, 2024

    Colo. Justices Doubt Amazon's Math For Holiday Incentives

    Several Colorado Supreme Court justices were skeptical Wednesday about Amazon's claim that it can exclude extra holiday wages from workers' overtime payouts, asking what the company didn't understand about a state requirement to include "all compensation" in its overtime calculations.

  • March 13, 2024

    Colo. Fees Are Really Taxes, Conservative Group Tells Judge

    Colorado's upcoming fees on retail deliveries, short-term vehicle rentals and ride-hailing services violate the state Taxpayer's Bill of Rights and other provisions in state law, a conservative group has told a state judge in seeking a trial.

  • March 13, 2024

    Fla. Restaurateur Says Seller Broke $7.3M Colo. Home Deal

    A Miami restaurateur is suing an Aspen family trust for allegedly pulling out of a deal for him to buy a $7.3 million property in the Colorado mountain town, claiming they had no right to terminate the deal over their failure to obtain a demolition permit.

  • March 12, 2024

    Suncor Deal With Colo. Over Air Monitoring Gets Judge's OK

    A Colorado state judge has approved a settlement agreement between Suncor and state air regulators over air quality monitoring around the oil and gas company's refinery near Denver.

  • March 12, 2024

    Colo. Justices Fret Over Victimized Judges' Bias

    Colorado Supreme Court justices seemed leery Tuesday of reversing a judge who refused to recuse herself in a criminal case after revealing she was the victim of a similar crime, with justices seeking to balance the specter of forced recusals with the erosion of defendants' due process rights.

  • March 12, 2024

    Startup Founder's Attys Come 'Very Close' To More Sanctions

    A Colorado federal judge has said a geothermal startup founder's arguments for why one of his attorneys should not be sanctioned for discovery violations were "preposterous" and warned his lawyers that they came "very close" to being penalized again.

Expert Analysis

  • 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.

  • 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.

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