Colorado Bar Association
Colorado Bar Association
Section Newsletter — August 2019
Ed Naylor, Editor

Marijuana in the workplace: This article discusses the methods by which states have chosen to legalize marijuana, the federal government’s approaches to legalization, the protections afforded employees who use marijuana from disability discrimination and to be accommodated under state and federal law, and the sorts of testing that are legally and practically possible. Read Article.

Whether cryptocurrency and the tokens used are securities is a significant question in the industry today, and the correct answer is necessary to determine whether to comply with significant laws regarding the offer and sale of securities, or whether those laws can be avoided. In this article, Herrick Lidstone notes that, federally, the Securities and Exchange Commission is helping define the process; and in Colorado, Senate Bill 19-023 provides some guidance for intrastate (Colorado-only) transactions. Read Article.

Breach notification policies in the Cloud: Companies using Cloud services should understand the contract terms relating to security breaches. This article reviews the key terms offered by five of the major service providers. Read Article.

Is a wave of civil theft claims on its way for business litigators? The Colorado Supreme Court rules that the economic loss rule does not bar civil theft claims in breach of contract cases, and arguably opens a floodgate. Read Article.

Don’t count on a “blue pencil” provision to save your noncompete clause: A recent Colorado Court of Appeals decision ruled that a court is not obliged to blue-pencil unreasonable non-compete covenants to make them enforceable. Mr. Foster’s article explains the holding and provides drafting tips. Read Article.

After more than eight years in drafting, the Statement of Opinion Practices has been approved by over 30 bar groups (including the CBA’s Business Law and Real Estate Sections) in an effort to obtain a national consensus on key opinion practices. Read Article.


VOLUNTEERS NEEDED FOR CHAPTER 7 BANKRUPTCY REFERRALS

Metro Volunteer Lawyers needs volunteers that can assist low-income applicants filing for a Chapter 7 Bankruptcy. We currently have fifty-one-bankruptcy applicants that are eligible for pro bono legal assistance. Volunteers will receive information regarding the applicant’s Chapter 7 Bankruptcy case via email, and upon review of the case, the volunteer will decide whether or not they can assist the applicant. MVL applicants are aware of their responsibilities for paying costs such as a $335 filing fee, credit counseling course, copies, mailings, faxes, etc. MVL’s mission is “to bridge the gap in access to justice by coordinating the provision of pro bono legal services by volunteer lawyers within the Denver Metro Area to people who could not otherwise afford legal services for their civil legal issues.” We cannot fulfill our mission without the help of our fantastic panel of volunteers. Please volunteer today! For more information, please contact Ivonne Esparza at [email protected].


Upcoming CLE Programs

September 12–13
Business Law Institute
Don’t miss this time-efficient opportunity to untangle the complexities of legal issues that routinely arise in your practice with business law professionals from in and around Colorado. Dr. Richard Wobbekind, our featured presenter, will unwind the changes in the economy since the last Institute, forecasts changes, and dive into what all that may mean for you and your clients. Plus, Colorado’s Attorney General and Secretary of State are also joining us at this year’s Institute — the first Institute to be held since their elections to those positions — to share with us their priorities and initiatives.

October 2, 7:30–9 a.m.
M&A Breakfast — The Evolving World of Indemnification in M&A
Join us for breakfast and CLE Credit for a better understanding of indemnification mechanics in “traditional” M&A transactions, effects of representation and warranty insurance on indemnification, and how to structure indemnification mechanics to improve outcomes.

October 4, 8:30 a.m.–Noon
Ethics & Professionalism
Better understand the meaning of ethical conduct and professionalism in contemporary legal practice; solutions and strategies for coping with common ethical and professionalism dilemmas you face; how to engage in sensitive and high-level professional behavior in the practice of law, and more.

October 16, 11:30 a.m.–1 p.m.
Financial Institutions Luncheon – UCC Financing Statements and You
No matter your practice area, there may be a time when you encounter UCC financing statements, and significant irreversible consequences can result if you make a mistake with regard to a UCC financing statement. This lunchtime CLE will provide practical tips for preparing, filing, reviewing, amending and terminating UCC financing statements, common UCC financing statement mistakes that lawyers make, and issues you should consider when working with UCC financing statements.

November 8, 8:30 a.m.–4:30 p.m.
Ethics 7.0 – All Your Ethics Credits in 1 Day
An in-demand CLE – register early – and earn 7 Ethics Credits with presentations from accomplished private firm practitioners, disciplinary counsel, and high ranking law enforcement officials. They will share their expertise on spotting ethical issues before they become your problem, everyday ethics, revised Rule 8.4(c), beginning and ending the attorney-client relationship, Hollywood ethics lessons, Colo. RPC 1.6, ethical considerations in joint representation of clients, and the attorney regulation process.


Contributions for future newsletters are welcome.
Contact Ed Naylor at [email protected], 303-292-2900.
This newsletter is for information only and does not provide legal advice.

Colorado Bar Association
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