Category: News

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 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 […]

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Act of 1986 (“HCQIA”), 42 U.S.C. 11101-11152 and the Colorado Professional Review Act, C.R.S. 12-36.5-101, were originally enacted to eliminate incompetent physicians by creating professional review committees that have the authority to suspend or terminate a physician’s medical staff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 […]

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 […]

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 […]

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 […]

“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 […]

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.  […]

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 […]

SERVING THE ROCKY MOUNTAIN STATES FROM OFFICES IN DENVER AND TELLURIDE, COLORADO SECURITIES AND CORPORATE FINANCE ALERT JOBS ACT OFFERS NEW CAPITAL RAISING ALTERNATIVES FOR STARTUPS—PART I CROWDFUND ACT On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (the “JOBS” Act), a product of rare bipartisan Congressional action and […]