News & Alerts
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...
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...
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...
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,...
Appellate Decision Affects Hospital’s Ability to Claim Immunity
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Act of 1986 (“HCQIA”), 42 U.S.C. 11101-11152 and the Colorado Professional Review Act, C.R.S. 12-36.5-101, were originally enacted to eliminate incompetent physicians by creating professional review committees that have the...
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...
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...
“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...
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...