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December 08, 2023
Circuit-By-Circuit Guide To 2023's Most Memorable Moments
A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.
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December 08, 2023
Broadcaster Says No Actual Malice In 2020 Election Lies Case
A conservative radio personality and the broadcasting company that hosts his show have urged the Colorado state appeals court to find that a defamation lawsuit brought by a former Dominion Voting Systems executive who is at the center of unfounded election conspiracy theories should be tossed, arguing that the Dominion employee hadn't shown that the two defendants knew the allegedly defamatory statements were false.
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December 08, 2023
AECOM Wants To Stop Co.'s 'End Run' On Liability Cap
Design and engineering giant AECOM has accused its partner in a Colorado toll lanes project of filing a state lawsuit as an "end run" around a federal judge's ruling in AECOM's favor, according to a motion urging the federal judge to block the new case ahead of a trial in January.
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December 08, 2023
5 Recent ERISA Decisions Attorneys Should Know
Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted. Here, Law360 looks back at five published circuit court decisions in ERISA litigation from the second half of 2023 that benefits lawyers should know.
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December 08, 2023
No Shortage Of Action For Energy Deal-Makers In 2023
A fresh wave of oil and gas industry consolidation, stiff macroeconomic headwinds for renewable energy development and the Inflation Reduction Act's growing influence are just some of the highlights of what's been an eventful 2023 for energy sector deal-makers. Here are the transactional trends that stood out to energy attorneys this year, as well as how they expect those trends to carry over into next year.
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December 08, 2023
Off The Bench: NCAA Pay Plan, Title IX Claims, Graffiti Smear
In this week's Off The Bench, the NCAA proposes opening the vaults, female athletes accuse the University of Oregon of unequal treatment, and a former college hockey player claims he was wrongly labeled as antisemitic. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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December 07, 2023
Teva Says EpiPen Suit Only Remedy For Colo. Takings
Teva Pharmaceuticals USA has urged a Colorado federal judge to keep alive its lawsuit challenging the state's epinephrine auto-injector affordability program as an unconstitutional taking, arguing that the alternative of repeatedly suing in state court for compensation isn't reasonable.
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December 07, 2023
Crystal Clean To Pay $1.2M To Settle Feds', States' Waste Suit
An Illinois-based environmental services company on Thursday agreed to pay $1.2 million to settle the federal government's, Louisiana's and Indiana's claims that it violated laws governing the management and disposal of solid and hazardous waste.
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December 07, 2023
EV Co.'s SPAC Suit Gets Initial OK For $1.9M Settlement
A Colorado federal judge has granted initial approval to a $1.9 million settlement of a shareholder derivative suit on behalf of commercial electric vehicle company Lightning eMotors that alleged its executives and directors made false and misleading claims about the company's future production capacity and potential revenue.
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December 07, 2023
NCAA Legal Woes Swell As 7 States Sue Over Transfer Rule
Seven state attorneys general have filed a lawsuit in West Virginia federal court against the NCAA over its transfer eligibility rule for college sports, cutting deeper into the threads of the ropes restraining student-athletes from profiting off their names, images and likenesses.
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December 07, 2023
Atty Privilege Can't Shield Colo. City From Records Disclosure
A Colorado appellate panel ruled Thursday that the city of Aurora couldn't use attorney-client privilege to avoid sharing a city council executive session recording, finding in a published opinion that the city council waived its privilege and must release the recording to a local newspaper.
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December 07, 2023
Apple Affiliates Can't Get Final Judgment Redo In Wage Row
A North Carolina federal judge declined to revise his final decision that several partner entities of an Apple-affiliated repair company were liable for hundreds of thousands of dollars in damages in a multistate wage class action, saying he did not find any issues warranting a correction.
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December 07, 2023
Antiques Exec Had Ex-Mistress Haul Bag Of Cash, Jury Hears
A onetime mistress of fugitive collectibles entrepreneur Mykalai Kontilai on Thursday told Manhattan jurors hearing securities regulators' $6 million fraud case against Kontilai that she once lugged a trash bag stuffed with cash through a Las Vegas hotel for him.
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December 07, 2023
No Atty Fees For Regal In COVID Lease Spat, Colo. Panel Says
Regal Cinemas is not entitled to attorney fees despite prevailing in a lease-related dispute with its landlord during the COVID-19 pandemic, a Colorado appellate panel found Thursday in affirming a lower court's decision.
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December 07, 2023
Democratic AGs Say National Banks Bucking Investigations
A coalition of Democratic state attorneys general called Wednesday for backup from the Office of the Comptroller of the Currency and Consumer Financial Protection Bureau in taking on what the state prosecutors say has been persistent stonewalling of their investigations by national banks.
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December 06, 2023
10th Circ. Says BP America Can't Avoid $700K Royalty Payout
A Tenth Circuit panel on Wednesday concluded BP America Production Co. can't escape almost $700,000 in royalty underpayments for federal natural gas leases in Wyoming, affirming a U.S. Department of the Interior order requiring the oil and gas producer to pay up.
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December 06, 2023
MyPillow CEO Can't Escape Sanctions In Election Docs Row
MyPillow CEO Mike Lindell has to pay a Michigan county's expenses related to the Dominion voting machine defamation case he's a defendant in after the Sixth Circuit on Wednesday found a broad subpoena Lindell served on the county was "the type of subpoena somebody issues when they have no idea really what they're looking for."
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December 06, 2023
Colo. Justices Push Trump On 14th Amendment's Reach
The Colorado Supreme Court on Wednesday pressed an attorney for former President Donald Trump on why Reconstruction-era lawmakers would have purposefully excluded the U.S. president from a constitutional provision disqualifying insurrectionists from holding public office, with one justice seeing "no rational reason" for such an exclusion.
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December 06, 2023
Denver Photographer Drops Copyright Suit Against Golf Club
A Denver fashion photographer has agreed to drop his federal lawsuit accusing a Colorado golf club of copyright infringement for using several of his photos in marketing materials without naming him as the photographer or getting his permission.
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December 06, 2023
Restaurant Chains Still Fighting Part Of $8M Chicken Deal
Boston Market, Golden Corral, Cracker Barrel, Domino's and other restaurant chains continued Tuesday to contest part of an $8 million class settlement resolving other direct buyers' chicken price-fixing claims, arguing specifically that the deal improperly bargained away claims they still want to assert in a subsequent trial.
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December 05, 2023
Denver City Atty's Office Agrees To End Race Bias Case
The Denver City Attorney's Office struck a deal to end a lawsuit by two Black women who alleged they were paid less based on their race and discriminated against while the city's previous top lawyer failed to properly discipline attorneys' racist behavior, according to a filing Tuesday in Colorado federal court.
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December 05, 2023
Parties In Healthcare Antitrust Suit Told To List Depo Targets
An Illinois federal court on Tuesday ordered DaVita Inc., a UnitedHealth Group unit and two of the unit's former senior employees to provide a list of people they seek to depose in an antitrust suit accusing the healthcare companies of an anti-competitive no-poach scheme.
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December 05, 2023
States Ask Justices To Ignore US Objections To Water Deal
Texas, New Mexico and Colorado are asking the U.S. Supreme Court to reject the federal government's objections to a proposed consent decree that resolves a long-running dispute over Lower Rio Grande water resources.
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December 05, 2023
Brewery Says Co-Owner Swiped $1M, Forcing Bankruptcy
A Colorado brewery has sued one of its co-owners, alleging that he misappropriated more than $1 million of the company's money for personal use and his other businesses, claiming in a state court complaint that his misconduct forced the company to file for bankruptcy.
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December 05, 2023
Judges 'Troubled' By Trial Rulings For Denver Cheese Co.
A panel of Colorado appellate judges expressed concerns Tuesday about a trial court's handling of a family fight that threatened dissolution of a $5 billion cheese company, with one judge saying she was "troubled" by a jury instruction that seemed to favor the company.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
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.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
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.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
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.
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Industry Must Elevate Native American Women Attys' Stories
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.
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3 AI Regulation Developments Insurers Must Follow
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.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
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.
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How Mental Health Ruling Paves Road For Equal Coverage
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.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
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.
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The Case For Post-Bar Clerk Training Programs At Law Firms
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.
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Attorneys Have An Ethical Duty To Protect The Judiciary
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.
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AI Can Help Lawyers Overcome The Programming Barrier
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.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
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.