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Recent Blog Posts
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Public Companies More Susceptible To Dissident Shareholder Action

Public Companies More Susceptible to Dissident Shareholder Action Delaware Supreme Court opinion suggests review of bylaws warranted for Colorado-incorporated public companies By Jeffery Bartholomew The Delaware Supreme Court has affirmed a lower court decision that may make it easier for dissident stockholders to solicit proxies from other stockholders to, for example, take control of the corporation– Read More

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Retaliation Claims by Employees Soar

Retaliation Claims by Employees Soar Retaliation claims by employees have soared over the past two years—up 18 percent— and are the fasted growing of discrimination charge filed with the EEOC. Making matters worse is a recent US Supreme Court ruling which hands the plaintiff’s bar another attractive avenue and vastly higher stakes for filing these Read More

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The Amended FTC Rule: How will your franchise system be affected?

The Amended FTC Rule: How will your franchise system be affected? By Doug Ferguson and Dan Block The Federal Trade Commission’s amended Franchise Rule has been enacted with the phase-in period set to expire on July 1, 2008. The amended rule will require revisions to your offering circular – which is now called a Franchise Disclosure Document, or Read More

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If it looks like a duck, quacks like a duck … It’s a franchise

If it looks like a duck, quacks like a duck… It’s a franchise By Dan Block If you are the owner of a successful business-law that has more than one outlet, such as retail stores or restaurants, you may have decided you would like to expand your chain. Or, people may have told you that they Read More

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New EEOC Guidance Addresses Potential Discrimination Against Employees Who Are Caregivers

New EEOC Guidance Addresses Potential Discrimination Against Employees Who Are Caregivers By Dan Block The U. S. Equal Employment Opportunity Commission recently issued a new Enforcement Guidance concerning potential illegal caregiver discrimination by employers. If you are familiar with employment laws, and keep up on news concerning employment laws, you may be thinking that you do Read More

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Colorado’s New Homeowner Protection Act

Colorado’s New Homeowner Protection Act By Chad M. McShane The Homeowner Protection Act of 2007 was recently enacted. The Act will be applicable to all construction defect actions, including lawsuits and arbitrations, that are filed after April 20, 2007. The Act is actually a revision to the “limitation of damages” provision contained in Colorado’s Construction Defect Read More

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Colorado Shifts Financial Responsibility Between Construction Professionals

Colorado Shifts Financial Responsibility Between Construction Professionals By Chad M. McShane Effective July 1, 2007, indemnity provisions in construction contracts will no longer be enforced if the provisions protect the indemnified party (“indemnitee”) from the indemnitee’s own negligence or fault. Construction contracts as defined within the new provisions in C.R.S. § 13-21-111.5 (“Civil Liability Cases – Read More

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Proper Documentation of Employee Performance: An Essential Element of Good Employer Practices

Proper Documentation of Employee Performance: An Essential Element of Good Employer Practices By Dan Block It is a problem that occurs often in business-law. A supervisor fires a poorly performing employee because of the employee’s unsatisfactory performance. The employee contends that he or she was a victim of illegal discrimination based on his or her age, Read More

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Federal Judge Issues Injunction Temporarily Preventing Enforcement of New, Much Higher Minimum Salary Requirement for “Exempt” Employee Status

Federal Judge Issues Injunction Temporarily Preventing Enforcement of New, Much Higher, Minimum Salary Requirement for “Exempt” Employee Status November 28, 2016 By Dan Block A U.S. District Judge in Texas has issued a nationwide preliminary injunction temporarily preventing the effectiveness of the new final rule of the U.S. Department of Labor (“DOL”) under the Fair Read More

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New Colorado Laws Expand Rights of Employees and Job Applicants Affected by Pregnancy or Recent Childbirth, Allow Employees to Inspect Personnel Files, and Eliminate an Employment Eligibility Requirement

New Colorado Laws Expand Rights of Employees and Job Applicants Affected by Pregnancy or Recent Childbirth, Allow Employees to Inspect Personnel Files, and Eliminate an Employment Eligibility Requirement June 2016 By Dan Block Among other bills impacting business-law and other organizations in Colorado, two bills imposing new requirements on employers and one bill eliminating a Read More

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