On Friday, June 28, the Supreme Court overturned the longstanding Chevron doctrine, on a 6-3 vote, which had previously required courts to defer to federal agencies' reasonable interpretations of statutes within an agency’s...more
Entering the second regular session of Colorado’s 74th General Assembly, most Capitol observers were expecting more of the same—the same being the acrimony, contentiousness and rancor that characterized the end of the 2023...more
While the term “microplastics” has been making waves in certain circles, especially in the context of seafood and water, broader public unease about their presence in our foods is ramping up at a concerning pace. A recently...more
In a first for both cybersecurity and securities law, a ransomware company filed a complaint with the U.S. Securities and Exchange Commission (“SEC”) against its own hacking victim for failure to disclose the hack itself. The...more
Colorado’s new comprehensive consumer privacy law, the Colorado Privacy Act (CPA), will take effect on July 1, 2023. Earlier this year, the Colorado Attorney General’s Office (“AG”) finalized its yearlong rulemaking process,...more
A recent U.S. bankruptcy court opinion out of the Central District of California may have cracked the door open for companies formerly tied to the cannabis industry to pursue legal strategies using bankruptcy. Federal...more
On Feb. 22, 2023, the U.S. Department of Justice announced a new Voluntary Self-Disclosure Policy to encourage self-disclosure of potential criminal activity in exchange for varying levels of amnesty from criminal charges....more
In 2023, all 50 state legislatures will convene, including biennial legislatures. Nationwide, state legislatures will spend months grappling with policies that will impact their state and constituents. And although each state...more
As discussed in our recent cannabis coverage, going into this week’s midterm election, five states had ballot measures giving their constituents an opportunity to weigh in on cannabis legalization. As the votes are tallied,...more
11/11/2022
/ Agribusiness ,
Decriminalization of Marijuana ,
Dispensaries ,
Election Results ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
State and Local Government ,
State Legislatures
On Oct. 6, 2022, President Joe Biden issued a public statement on cannabis policy reform, indicating a potentially seismic shift in how the substance may be treated under federal law. Among President Biden’s directives was a...more
11/4/2022
/ Agribusiness ,
Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use
President Joe Biden’s momentous announcement last week that he would take executive action to pardon federal convictions for simple cannabis possession, coupled with a promise that his administration would review cannabis...more
As the curtain closed on the 2022 legislative session, the Colorado General Assembly passed the Colorado False Claims Act (the “CFCA”). The CFCA represents Colorado’s commitment to protecting public funds and pursuing those...more
On March 9, the Securities and Exchange Commission (SEC) voted to propose cybersecurity disclosure requirements for public companies. The proposal follows the release of interpretive guidance on the matter in both 2011 and...more
Within days of gaveling in the 2022 Colorado legislative session, a coalition of state leaders introduced a bill to create the Colorado False Claims Act (the “CFCA”). The brainchild of Attorney General Phil Weiser, the CFCA...more
For the past 50 years, federal law has prohibited the use, cultivation, and distribution of cannabis. These prohibitions have had long-term and far-reaching effects: taxpayers spend some $3,600,000,000 annually on enforcement...more
As companies collect growing amounts of data about their customers and other consumers, sophisticated adversaries, recognizing the value of this information, have increased their efforts to pilfer it. For publicly traded...more
9/28/2021
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Enforcement Actions ,
Hackers ,
Popular ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC)
On March 19, 2021, Colorado joined the growing list of states proposing privacy protections with the introduction of the bipartisan Colorado Privacy Act (CPA) bill, SB21-190, in the Colorado Senate. The CPA, if enacted, would...more
3/30/2021
/ Colorado ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
When it comes to the creation of common interest communities in Colorado, ambiguities in state law could mean serious liability risks for developers, builders and homeowners’ associations. The Colorado Common Interest...more
While Tuesday’s General Election has left the watching public with questions about how political power dynamics will operate in D.C. next year, public sentiment nationwide has clearly coalesced around legalizing medical and...more
While businesses across the globe have yet to understand the full economic impact of the COVID-19 pandemic, a number of emerging issues have already gained prominence. Among the biggest—and most likely to persist—is the issue...more
Since the outbreak of COVID-19 in the United States, nearly every state in the country has declared a state of disaster or emergency and decision-makers in numerous counties, cities and localities have followed suit. The...more
Since publishing our client alert on March 24, 2020, additional states have issued orders requiring the closure of non-essential businesses. As of March 26, 2020, the following additional state have issued closure...more
The continuing spread of the COVID-19 pandemic within the United States has prompted emergency declarations across the country. Officials at every level of government are using these and other public health tools to stem the...more
The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In...more
At the Rocky Mountain Securities Conference, held on May 5, 2017, in Denver, a panel of securities experts explained the new and innovative ways in which the SEC and private companies are utilizing, managing, and analyzing...more