Thursday, January 12, 2017

Important Implications of the Defend Trade Secrets Act

by Jack Moran, Esq.

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) which makes significant changes to the world of trade secret law and the protections afforded. First and foremost, the DTSA allows trade secret owners to bring suit in federal court without relying on diversity jurisdiction, and adds trade secrets to the list of federally-protected intellectual property (along with patents, trademarks, and copyrights).

While the DTSA has many consequences, three implications in particular stand out for practitioners, businesses, and employees. Understanding these ramifications is crucial to claiming the protections and privileges that the new law offers.

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Thursday, January 5, 2017

Landlords Rejoice

by Lydia Quarles, Esq.

Every state has its own landlord/tenant statutes which govern the relationship between landlords and their tenants. Depending upon the makeup of a state legislature at any given time, landlord/tenant statutes can be unbiased, biased toward the tenant, or biased in favor of the landlord.

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Monday, December 5, 2016

Legal News & Knowledge: Fall/Winter 2016 Edition

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Thursday, November 17, 2016

AirBnB and Other Short Term Guest Situations Under California Law

by Eric Olson, Esq.

Short term rentals, whether arranged through services such as AirBnB or similar services or privately, such as through craigslist have become an issue with landlords. Whether the local jurisdiction has some sort of prohibition or regulation of these transactions, landlords may wish to be able to control tenants' usage of their (sometimes rent-controlled) apartments to turn part of a tranquil building into a commercial enterprise.

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Friday, October 21, 2016

Medicinal Marijuana and Workers' Compensation

by Joseph D. Birdsall, Esq.

Marijuana use in the United States is becoming more accepted each day from both a cultural and legal standpoint. Attitudes towards recreational and medicinal use are softening; state laws decriminalizing medical and/or recreational marijuana use are spreading. Yet, the federal government’s position is that both medical and recreational marijuana use are illegal under the Controlled Substances Act (“CSA”) of 1970.

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Monday, October 17, 2016

Big Labor Attacks Idaho’s Right to Work Law

by Skip Sperry, Esq

A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation.

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Wednesday, September 21, 2016

Has Illinois Taken Leave Of Its Senses?

By David G. Lubben, Esq.

Leave program managers have a tough job. The federal FMLA is complex and has hundreds of pages of detailed regulations. New state laws from Illinois will make the leave administrator’s job even tougher in this State.

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Monday, September 12, 2016

I-9 Compliance for Employers: Significantly Increased Fines for Employers

by John R. LaBar, Esq.

To aid in the enforcement of the obligation on employers to hire only individuals authorized to work, the Immigration Reform and Control Act of 1986 (the “IRCA”) requires employers to verify the employment eligibility of all new employees at the time they are hired. Every employee hired to perform labor or services in return for wages or other remuneration must complete an Employment Eligibility Verification Form (Form I-9). The most recent version of Form I-9 has an issuance date of March 8, 2013 with an expiration date of March 31, 2016; however, U.S. Citizenship and Immigration Services has directed that employees should, until further notice, continuing using the current Form until a new form is issued. 

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Monday, August 29, 2016

The Statute of Limitations in Colorado Personal Injury Cases.

by Phil Harding, Esq.

If you are injured in an accident, the law places limitations on how long you can wait to file a claim. These sets of laws are titled: Statutes of Limitations. These statutes require individuals to begin an action against another party within a span of two to three years from the time of the incident; otherwise, the party has forfeited their claim.

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Wednesday, August 24, 2016

Green Earth Wellness Holding Supports Enforceability of State-Legal Cannabis Contracts in Federal Courts

by Adam Foster, Esq.

Operators in any industry need the certainty of knowing that their contracts will be enforceable in court. But cannabis entrepreneurs who obey state law face uncertainty regarding whether a defaulting party will claim that a cannabis-related contract is unenforceable on grounds of public policy. Chief Judge Krieger's holding in Green Earth Wellness Center, LLC v. Atain Specialty Ins. Co. 13-CV-03452 2016 WL 632357 (D. Colo. Feb. 17, 2016) provides persuasive authority for the proposition that federal courts should enforce cannabis contracts that are legal under state law.

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