Every litigation attorney knows Federal Rule of Civil Procedure 15(a) requires courts to “freely give leave” to amend pleadings “when justice so requires.” It’s drilled into us in law school and repeated in countless court...more
On Nov. 6th, the Colorado Court of Appeals issued a significant ruling on exculpatory clauses that clarifies the boundaries of liability waivers in premises liability cases. ...more
11/10/2025
/ Appellate Courts ,
Assumption of the Risk ,
Contract Interpretation ,
Contract Terms ,
Enforceability ,
Exculpatory Clauses ,
Negligence ,
Premises Liability ,
Release Agreements ,
Risk Management ,
Slip and Fall ,
Unenforceable Contract Terms ,
Waivers
On Oct. 30th, the Washington Supreme Court (6-3) issued a significant decision that will shape how product liability cases are handled when multiple states have connections to the dispute. ...more
11/4/2025
/ Appellate Courts ,
Choice-of-Law ,
Corporate Counsel ,
Failure To Warn ,
Hazardous Substances ,
PCBs ,
Punitive Damages ,
Statute of Repose ,
Strict Product Liability ,
Toxic Chemicals ,
Toxic Exposure ,
WA Supreme Court
Understanding the tax implications and treatment of litigation damages, settlements and awards is critical for both plaintiffs and defendants. The basic principle is straightforward: damages received for personal physical...more
On October 20, the Colorado Supreme Court unanimously affirmed a $40 million medical malpractice verdict, clarifying when and how juries – not judges – should determine damages in catastrophic injury cases that exceed the...more
10/22/2025
/ Appeals ,
Appellate Courts ,
CO Supreme Court ,
Common Law Claims ,
Damage Caps ,
Damages ,
Jury Trial ,
Jury Verdicts ,
Liability ,
Medical Malpractice ,
Negligence ,
Statutory Interpretation
Yes, as of January 1, 2026, distilleries will be permitted to ship spirits direct-to-consumer in California under the state’s groundbreaking new alcohol shipping law, Assembly Bill 1246, signed by Governor Gavin Newsom on...more
Washington religious institutions and universities need to understand how the “ministerial exception” applies to their employment decisions following the August 2025 World Vision decision. ...more
10/7/2025
/ Constitutional Challenges ,
Employment Discrimination ,
Employment Litigation ,
First Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Ministerial Exception ,
Religious Exemption ,
Religious Institutions ,
Universities ,
Washington
Businesses that disclose personal information on the internet, in data platforms, or in commercial products have long been the target of privacy class actions. ...more
Colorado’s AI law has become a major focus for employers nationwide as they prepare to navigate laws governing decision-making tools powered by artificial intelligence following the 2024 enactment of SB 24-205....more
Bottom Line: Yes, as of May 14, 2025, members of a Texas LLCs can now eliminate fiduciary duties through their company agreements (aka “operating agreements”), thanks to a crucial amendment that added the word “eliminate” to...more
Colorado Governor Jared Polis has called a special legislative session set to begin Aug. 21 to address Colorado’s AI law (the Colorado Artificial Intelligence Act or “CAIA”), which is currently scheduled to take effect Feb....more
8/13/2025
/ Appeals ,
Artificial Intelligence ,
Colorado ,
Disclosure Requirements ,
Impact Assessments ,
Legislative Agendas ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
State Legislatures ,
Technology Sector
On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more
8/12/2025
/ Appeals ,
Appellate Courts ,
Attorney's Fees ,
Breach of Contract ,
Business Interruption ,
Colorado ,
Commercial Litigation ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Landlords
In BBP Holdco, Inc. v. Brunswick Corporation, decided July 14, the Delaware Superior Court delivered a resounding defense of the “fair disclosure” standard in M&A transactions. Judge Paul R. Wallace’s 45-page decision after...more
On July 31, the Colorado Court of Appeals clarified an important procedural question for plaintiffs challenging governmental immunity rulings under the Colorado Governmental Immunity Act (CGIA). In Smith v. City and County of...more
Abraham Lincoln once famously said that “He who represents himself has a fool for a client.” While this statement has been demonstrated to be true more often than not, what happens when (1) the pro se representation is not...more
8/5/2025
/ Appellate Courts ,
Attorney Misconduct ,
Attorney's Fees ,
Cal Code of Civil Procedure ,
California ,
Disciplinary Proceedings ,
Dismissals ,
Legal Ethics ,
Pro Se Litigants ,
Rules of Professional Conduct ,
Statutory Interpretation
Colorado and Washington have enacted groundbreaking laws modeled after the Uniform Law Commission’s Uniform Antitrust Pre-Merger Notification Act (UAPNA), requiring parties to certain Hart-Scott-Rodino Act (HSR) reportable...more
The European Commission (“Commission”) issued its first opinion regarding the compatibility of a sustainability agreement with competition rules for the agricultural sector on July 14. The Commission’s opinion is a milestone...more
7/30/2025
/ Competition ,
Environmental Social & Governance (ESG) ,
EU ,
France ,
Marketing ,
Regulatory Agenda ,
Regulatory Requirements ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
Wineries
The California Supreme Court’s July 21 decision in EpicentRx, Inc. v. Superior Court resolves a longstanding uncertainty around enforcement of forum selection clauses under California law, holding that the absence of jury...more
In Terra Management Group v. Keaten the Colorado Supreme Court held on June 23 that a “court may sanction a party for the destruction of relevant evidence if the party knew or should have known that (1) litigation was pending...more
In a significant victory for the Colorado Department of Revenue, the Colorado Court of Appeals ruled this week that Netflix subscriptions are “tangible personal property” and therefore taxable under Colorado law, reversing a...more
The Colorado Court of Appeals recently issued an important ruling in Sebastian Holdings, Inc. v. Johansson that clarifies when courts can authorize substituted service of process for foreign litigation under the Hague Service...more
If your business operates in Colorado, significant changes to the State’s registered agent requirements are now in effect that could impact your company’s compliance status. Colorado House Bill 24-1137, which became law in...more
Artificial intelligence is a controversial but increasingly valuable arrow in the quiver of any litigator. While AI can provide great assistance to litigators in improving their efficiency, AI also raises ethical and...more
6/10/2025
/ Artificial Intelligence ,
Best Practices ,
California ,
Colorado ,
e-Discovery ,
Legal Ethics ,
Legal Technology ,
Litigation Strategies ,
Rule 11 ,
Technology ,
Young Lawyers
What is an EIN?
An EIN is a federal tax ID number for an entity, estate, trust, or other organization. For example, the following are generally required to obtain an EIN: partnerships, limited liability companies (“LLC”),...more
On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction...more