The Health Care Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. 11101-11152 and the Colorado Professional Review Act, C.R.S. 12-36.5-101, were originally enacted to eliminate incompetent physicians by creating professional review committees that have the authority to suspend or terminate a physician’s medical staff privileges. The HCQIA provides a rebuttable presumption of immunity to the […]
Recent Colorado Court of Appeals Opinion Extends Liability to LLC Managers Under “Veil-Piercing” Theory
Managers of Colorado limited liability companies (“LLC’s”) should be aware of a recent opinion by the Colorado Court of Appeals that extends personal liability to managers of Colorado LLC’s under the “piercing the veil” theory of liability. As a result, managers of Colorado LLC’s should take appropriate steps to reduce the risk that they will […]
Foreclosures
According to industry studies, as many as 8 million American homeowners are expected to face foreclosure through 2012. Making matters worse is that scam artists see this crisis as a prime opportunity to make money off of people in danger of losing their homes. These so-called mortgage “rescue” companies use simple messages in print, broadcast […]
“Veil-Piercing” Control Persons Should Adopt Strategies to Reduce Risk of Personal Liability
For the second time in less than six months, the Colorado Court of Appeals expanded the categories of persons who can be held personally liable under the “piercing the veil” theory of entity liability. As a result, any person who is not a shareholder, director, or officer of a corporation, but who nonetheless exercises substantial […]
Client Alert: Dodd-Frank Act Changes Qualifications for Accredited Investors
SECURITIES ALERT DODD-FRANK ACT EXCLUDES VALUE OF PRIMARY RESIDENCE FOR DETERMINING STATUS AS AN ACCREDITED INVESTOR FOR PRIVATE OFFERINGS SEC STAFF PROVIDES INFORMAL GUIDANCE Change in Qualification Standards for “Accredited Investors” The massive Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), signed by President Obama on July 21, 2010, changes the standards for determining […]
Client Alert: Dodd-Frank Act Exempts Non-Accelerated Filers From Auditor Attestation Requirements
SECURITIES ALERT TO OUR CLIENTS AND FRIENDS DODD-FRANK ACT EXEMPTS NON-ACCELERATED FILERS FROM THE AUDITOR ATTESTATION REQUIREMENTS OF SECTION 404(B) OF SARBANES-OXLEY Exemption from Sarbanes-Oxley Section 404(b) The massive Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), signed by President Obama on July 21, 2010, provides significant relief to non-accelerated filers in at least […]
Dodd-Frank Whistleblower Provisions Are a Game-Changer – Part I
“BOUNTY” PAYMENTS AND ANTI-RETALIATION PROTECTIONS FOR WHISTLEBLOWERS IN SECURITIES AND COMMODITIES MATTERS ISSUERS AND THEIR SUBSIDIARIES SHOULD REVISIT THEIR INTERNAL COMPLIANCE PROGRAMS The massive Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), signed by President Obama on July 21, 2010, amends the Securities Exchange Act of 1934 (the “SEA”) by, among other things, significantly […]
Client Alert: Dodd-Frank Whistleblower Provisions Are a Game-Changer – Part II
SECURITIES AND CORPORATE ALERT Dodd-Frank Whistleblower Provisions Are a Game-Changer – Part II ANTI-RETALIATION PROTECTIONS FOR WHISTLEBLOWERS IN THE FINANCIAL SERVICES INDUSTRY One of the more vigorously-debated provisions of the massive Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) is the creation of a new Bureau of Consumer Financial Protection (the “Bureau”) within the […]
Standard of care: A trap for the unwary?
When physicians use or adopt the term “standard of care” in the context of a medical negligence case, they unwittingly play into the hands of the plaintiff’s attorney and undermine the defense. Unfortunately, the term “standard of care” implies by its singular grammatical nature that there is only one way to approach a medical problem. […]
Changes in Top Level Domain Names That May Affect Your Business
Recently, ICANN, the body that is responsible for managing the domain name system of the Internet, approved what it refers to as “one of the biggest changes ever to the Internet’s Domain Name System,” under which, for the first time ever, ICANN is permitting companies an opportunity to create and control new generic top level […]
