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Foreclosures

Foreclosures According to industry studies, as many as 8 million American homeowners are expected to face foreclosure through 2012. Making matters worse is that scam artists see this crisis as a prime opportunity to make money off of people in danger of losing their homes. These so-called mortgage “rescue” companies use simple messages in print, Read More

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Recent Colorado Court of Appeals Opinion Extends Liability to LLC Managers Under “Veil-Piercing” Theory

Recent Colorado Court of Appeals Opinion Extends Liability to LLC Managers Under “Veil-Piercing” Theory By Jeffrey A. Bartholomew Managers of Colorado limited liability companies (“LLC’s”) should be aware of a recent opinion by the Colorado Court of Appeals that extends personal liability to managers of Colorado LLC’s under the “piercing the veil” theory of liability.  As Read More

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Appellate Decision Affects Hospital’s Ability to Claim Immunity

Appellate Decision Affects Hospital’s Ability to Claim Immunity By Anthony Leffert and Kimberly Bruetsch The Health Care Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. 11101-11152 and the Colorado Professional Review Act, C.R.S. 12-36.5-101, were originally enacted to eliminate incompetent physicians by creating professional review committees that have the authority to suspend or terminate a physician’s medical staff Read More

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“Patent Exhaustion” Applies to Method Patents

Patent Exhaustion By Jeff Bartholomew Patent holders likely will negotiate narrower fields of permitted use along with higher license fees and royalties as a result of a recent decision by the United States Supreme Court. That’s the likely practical effect of Quanta Computers, Inc. v. LG Electronics, Inc., decided June 2008, in which the Court held that Read More

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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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