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CCPA in Professional Liability Claims

In an effort to get around the American Rule of no recovery for attorney fees on negligence claims, an avenue sometimes explored is the addition of a claim under the Colorado Consumer Protection Act, C.R.S. §6-1-101 et seq. The Act provides for recovery of attorney fees by a successful plaintiff…

Federal Judge Sets Aside FTC Noncompete Ban

On August 20, 2024, a federal judge set aside the Federal Trade Commission’s (“FTC”) ban on noncompete agreements (the “Rule”), which was to take effect in September of this year. The Rule had sought to characterize noncompete agreements in employment contracts as an unfair method of competition…

Loper Bright: What’s Next for Operators?

On June 28, 2024, the Supreme Court of the United States overruled Chevron v. Natural Resources Defense Council and with it the so-called “Chevron deference.” We detailed the holding of Loper Bright Enterprises v. Raimondo in an article here. Today, we are going to discuss what the Loper decision…

NLRB Faces New Constitutional Challenge, as Amazon Joins the Fight

The list of employers challenging the National Labor Relations Board (“NLRB”) grew again last week, as Amazon joined the likes of SpaceX, Starbucks, and Trader Joe’s in arguing that the NLRB is unconstitutional.

In an answer to a Board charge, Amazon asserted that the structure of the NLRB is…

Valuing Your Summer Associate Experience

Whether you are working in-house, in the public sector, private sector, at a large firm, small firm, or no firm at all, your summer work is immensely important.  It has nothing to do with setting yourself up for the next 40 years of practice – while that concept may sound nice and calming to some…

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