(DENVER, February 14, 2018) — Shareholder Doug Ferguson of Robinson Waters & O’Dorisio (RWO) has been named a 2018 Legal Eagle by Franchise Times, reflecting recognition by peers and the editorial board of the industry’s leading publication as one of the best attorneys in franchising. All 2018 Legal Eagle recipients will be honored in the April […]
Proper Documentation of Employee Performance: An Essential Element of Good Employer Practices
By: Daniel Block It is a problem that occurs often in business. A supervisor fires a poorly performing employee because of the employee’s unsatisfactory performance. The employee contends that he or she was a victim of illegal discrimination based on his or her age, race, gender or some other factor. The employee files a claim […]
Colorado Shifts Financial Responsibility Between Construction Professionals
Effective July 1, 2007, indemnity provisions in construction contracts will no longer be enforced if the provisions protect the indemnified party (“indemnitee”) from the indemnitee’s own negligence or fault. Construction contracts as defined within the new provisions in C.R.S. § 13-21-111.5 (“Civil Liability Cases – Pro Rata Liability of Defendants”) include planning, engineering, design or […]
Colorado’s New Homeowner Protection Act
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 Action Reform Act of 2003 (“CDARA”), C.R.S. § […]
New EEOC Guidance Addresses Potential Discrimination Against Employees Who Are Caregivers
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 not remember hearing that a new protected class, “caregivers,” has been created by […]
If it looks like a duck, quacks like a duck… It’s a franchise
By: Daniel Block If you are the owner of a successful business 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 would like to own an outlet operating under the trade name of […]
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 the FDD. Numerous changes have been made to the disclosure system […]
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 claims – when connected to […]
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– a ruling that may affect publicly-held companies nationwide. […]
Patent Exhaustion
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 the doctrine of […]
