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Colorado
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August 27, 2025
Colo. Justices Asked To Nix Murder Competency Ruling
A man who was accused of first-degree murder then found competent to proceed to trial, despite findings to the contrary from experts, is appealing that decision to Colorado's highest court, telling the justices that a lower court used the incorrect standard of proof for a restoration hearing when making the ruling.
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August 27, 2025
10th Circ. Revives Cannabis User's Gun Possession Charge
The Tenth Circuit on Tuesday reversed a lower court's decision finding that a law banning marijuana users from owning guns was unconstitutional, saying that more facts were needed to determine whether the Second Amendment was infringed in this particular case.
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August 27, 2025
Feds, Blue States Clash Over Future Of EV Funding Fight
The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.
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August 27, 2025
Scholars Tell High Court To Back Conversion Therapy Ban
A group of health law experts told the U.S. Supreme Court that Colorado's conversion therapy ban doesn't violate healthcare providers' First Amendment rights, arguing that the law is consistent with states' and the federal government's ability to regulate healthcare.
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August 26, 2025
Denver Says Sanctuary Policies Not Undone By Federal Law
Denver and Colorado told a federal judge in two motions to dismiss on Monday that local laws prohibiting using city or state resources for the purpose of federal immigration enforcement are not preempted by federal law.
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August 26, 2025
Pot Co. Can't Escape Rolling Paper Co.'s 'Juicy' TM Suit
A Colorado federal judge rejected a cannabis company's motion to dismiss Tuesday after finding unconvincing the company's claims that it's allowed to sell cannabis products which use the "Juicy" and "Raw" trademarks owned by a tobacco company because of an inability for anyone to file federal trademarks for either brand relating to marijuana products.
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August 26, 2025
Artist Seeking Copyright Of AI Image Equates Use To Cameras
A Colorado man who used artificial intelligence to create an image that won an art award at a state fair told a federal judge that he should be allowed to copyright the image just as those who used technology such as cameras and cellphones had been allowed to copyright their works.
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August 26, 2025
Crocs Miscalculated Employees' Overtime, Worker Claims
Shoe company Crocs miscalculated employees' overtime by leaving shift differentials and bonuses out of employees' regular rate of pay, a former equipment operator alleged in a proposed collective action that he said could include thousands of workers.
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August 25, 2025
Trump Admin Agrees To Release Frozen Education Funds
The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.
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August 25, 2025
Kong Toy Co. Owners Clash Over Alleged Deal Violations
Five attorneys traded accusations of secret power plays and cash grabs Monday at the start of the bench trial in Colorado state court between the co-owners of the dog toy maker Kong Co. LLC.
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August 25, 2025
Fed. Circ. Overbroad In Hip Joint Implant Suit, High Court Told
A German medical supplier wants the U.S. Supreme Court to take up its appeal of the Federal Circuit's refusal to revive its trade dress protections for the color pink in a hip joint implant part, saying a circuit split warrants the justices' review.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
Native Artist, Colorado Town Settle Dispute Over Gaza Post
A Colorado town and an Indigenous artist have settled a free speech dispute that the American Civil Liberties Union says will bring significant policy changes to the municipality, including a new art program for underrepresented and economically disadvantaged people, including those of Native American ancestry.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 25, 2025
Ex-TSA Attorney Among 3 New Lawyers At Kaplan Kirsch
A former Transportation Security Administration attorney is among three lawyers who recently joined Kaplan Kirsch LLP, a Denver-based law firm that specializes in representing state, local and tribal government agencies on projects such as airport expansions and new rail lines.
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August 22, 2025
DOJ Investigation Of NY AG Condemned By AGs Of 21 States
A coalition of 21 attorneys general Friday issued an open letter saying the U.S. Department of Justice is investigating New York Attorney General Letitia James and condemning the probe as political payback for the financial fraud claims she pursued against President Donald Trump and his New York-based businesses.
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August 22, 2025
9th Circ. Blocks Meta's MDL Discovery Against State Agencies
The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.
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August 22, 2025
Ex-Pharma Exec Leaked Bankruptcy Deliberations, Suit Says
BioCurity Pharmaceuticals Inc. and its advisers sued a former officer of the company, alleging that she broke a nondisclosure agreement to disparage the advisers and leak the company's bankruptcy deliberations to its shareholders.
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August 22, 2025
Colo. House Advances Cuts To Business Tax Breaks
Colorado would scale back a pair of business tax breaks under legislation advanced Friday by the state House of Representatives in a special session called by Gov. Jared Polis to address the impact from the federal budget reconciliation bill signed in July.
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August 22, 2025
Speedy Trial Violation Undoes Sex Assault Conviction In Colo.
The Colorado Court of Appeals on Thursday reversed the conviction and 34-year-to-life sentence of a man found guilty of sexual assault on a child, pointing to a district court error in holding the trial one month outside of the speedy trial window and remanding the case for dismissal of all charges.
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August 22, 2025
Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms
An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.
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August 22, 2025
DOJ Expands Expedited Docket For Families Facing Removal
The Executive Office for Immigration Review is expanding a program the Biden administration rolled out in 2021 to fast-track removal proceedings for families facing removal, directing immigration courts nationwide to place more cases on the so-called dedicated docket.
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August 22, 2025
Real Estate Recap: 401(k) Boost, Eyes On Florida
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into what President Donald Trump's executive order on retirement fund investing means for real estate assets, as well as the biggest issues Florida real estate practitioners are watching in the second half of 2025.
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August 21, 2025
Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys
Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."
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August 21, 2025
CBD Exec Accused Of Hiding Revenue To Skirt $1M Judgment
A Colorado man claimed this week in state court that the owner of a CBD company who owes him more than $1 million from a judgment in a 2022 case is concealing his assets through businesses owned by his mother and girlfriend to avoid paying creditors.
Expert Analysis
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New Laws Show How States Are Checking AI Developers
Recent state consumer protection legislation shows Utah, Colorado and Texas are primed to impose controls on artificial intelligence, and exemplifies the states' unwillingness to accord strong deference to developers and deployers of AI tools, say attorneys at Polsinelli.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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NFL Draft Incident Offers Remote Work Data Security Lessons
A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.