As an added benefit to our members, ACC Colorado's valued sponsors provide timely information about topics of interest.
Check back often for more "News You Can Use."
Just Announced: Fall Executive Voices event!
TIRED OF CHANGE? YOU'RE NOT ALONE!
November 7, 4:00 to 6:00 MT | CoBank Corporate Headquarters | 6340 S Fiddlers Green Circle, Greenwood Village, Colorado
The last few years have tested everyone’s appetite for constant disruption. While most new organizational initiatives promise to ease burnout and improve efficiencies, employees are becoming frustrated and disengaged by continuous cycles of organizational change. Join us for an engaging discussion on effectively leading during personal and organizational change. LEARN MORE & REGISTER HERE!
Thomson Reuters is proud to announce SYNERGY for Corporate Legal Professionals, taking place on November 5 - 8, 2023 at the Gaylord Rockies Resort & Convention Center in Denver, Colorado. SYNERGY for corporate professionals will welcome legal professionals from across the globe in-person. Join your peers in learning how to navigate complexities among today’s ever-evolving regulatory landscape, network with leaders from other organizations facing similar challenges, and strengthen your partnerships for a successful future. REGISTER NOW!
Where is AI Regulation Heading and What Can Companies Do to Prepare?
By: Camila Tobón and Josh Hansen
Artificial intelligence (AI) is top of mind for companies, and while early adoption of this technology has strategic value, companies that do so with an eye on regulation will be better positioned to defend their use of AI. To help you do that, below we outline the existing legal frameworks, review the pending legislation, and provide practical tips for preparing your company for new AI regulations. READ MORE
Wave Goodbye to SuperShuttle!
NLRB Replaces Trump-Era Independent Contractor Test
By Jane Waterman-Joyce
From noncompete to "animal exuberance," the current National Labor Relations Board (NLRB) seems determined to leave its mark on labor relations history. Its latest victim is SuperShuttle... READ MORE
Financial Crimes Enforcement Network: U.S. Treasury is Monitoring Cash Residential Purchases
By B. Joseph Krabacher
Starting on April 25, 2023, and ending on October 21, 2023, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) is requiring disclosure of beneficial ownership of entities that purchase residential real estate in transactions that are not financed i.e., cash purchases. A Geographical Targeting Order (GTO) assists FinCEN in tracking illicit funds and other criminal or illicit activity, according to the U.S. Treasury. READ MORE
Policyholders Need Not Fear Alternative Dispute Resolution
By Carrie Maylor DiCanio (Published March 2023 New York Law Journal) Representations and warranties insurance (RWI) policies insure loss arising out of the seller’s breach of a covered representation and warranty in the purchase agreement. They typically provide coverage for amounts by which the buyer overpaid for the acquired company as a result of a breach of a representation or warranty in the purchase agreement, and for potential liability to third parties arising out of a breach, such as through litigation or even a government investigation. Most RWI policies are heavily negotiated agreements between sophisticated parties: READ MORE
Colorado Strengthens State Antitrust Law
AUGUST 15, 2023
With significant focus on the Colorado legislature’s attempts to address significant property tax increases during its 2023 session, Coloradans may have missed some notable changes to competition law in Colorado. This summer, the Colorado State Antitrust Act of 2023 (the 2023 Act) went into effect. READ MORE
No More Working For The Weekend: Colorado Statutes of Limitations No Longer Extended if Limitations Period Ends on Weekend or Court Holiday
JULY 20, 2023
In an opinion that is of profound importance to all litigators and clients, the Colorado Court of Appeals recently held that many, if not most, statutes of limitations are not extended if the limitations period ends on a weekend or court holiday. In Gomez v. Walker, the Court of Appeals was faced with the question of whether section 2-4-108(2), C.R.S., extends the statute of limitations found at section 13-80-101, C.R.S. to the “next business day when the limitations period ends on a Saturday, Sunday, or legal holiday." READ MORE
Colorado Supreme Court to Consider Whether Housing Discrimination and Retalitation are Affirmative Defenses in Eviction Proceedings
Last week, the Colorado Supreme Court granted certiorari in just one case, Claire Miller v. Jesse Amos, in which the Court will weigh in on an issue of first impression in Colorado: whether “a landlord’s discrimination or retaliation under the Colorado Fair Housing Act can be raised as an affirmative defense to a forcible entry and detainer action.” READ MORE
What Happens Once the COVID-19 National Emergency Ends in May?
The Biden Administration recently announced that the national emergency declarations, originally issued in 2020 because of the COVID-19 pandemic, will end on May 11, 2023. While in effect, the national emergency declarations required employee benefit plans to provide certain coverages and toll various deadlines. This Client Alert identifies steps employers should take to prepare to administer their plans upon the expiration of the national COVID-19 emergency. READ MORE
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BUSINESS TAXATION UPDATE OCTOBER 18 | 11:30am - 2:30pmStinson LLP partnered by KPMG invites you to attend the 2nd annual Business Taxation Update on Wednesday, October 18 to discuss the following topics:
Register online to attend this webinar. CLE credit is pending in the following states: AZ, CO, FL, KS, MN, MO, ND, NE, NY, TX and VA |
STINSON LLP: NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provisions Unlawful
BY Stacey McClurkin Macklin, Stephanie Scheck and Matt Tews
Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board issued McLaren McComb, 372 NLRB No. 58 (Feb. 21, 2023) and ruled that a severance agreement (and potentially any agreement, including litigated settlement agreements) violates the National Labor Relations Act (NLRA) whenever the terms tend to interfere with employees' rights to organize or engage in concerted activity for their mutual aid and protection. That is not new. READ MORE
By Jordan Walsh
In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant and nursing employees. Employers are encouraged to consult with legal counsel regarding these changes to ensure their compliance with these changes. READ MORE.
Foley & Larder LLP: FTC Proposes Sweeping Federal Ban on Employee Noncompetes
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee noncompetes has been anticipated since July 2021, when President Biden signed an Executive Order calling on the FTC to exercise its “statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.” READ MORE.
SELECT DIVERSE ARBITRATORS AND MEDIATORS
The ABA and its Women In Dispute Resolution Committee (WIDR) have shared their Directory of Diverse Mediators and Arbitrators ambar.org/widrdirectory for our Members to use in advancing their own D & I initiatives.
Women and minorities are dramatically underrepresented on arbitration and mediation rosters. Because you are in a position to direct or influence the selection of neutrals when a dispute arises in your organization, the ABA/WIDR is asking that you add diverse candidates to your arbitrator and mediator rosters and request, recommend and select diverse candidates at every opportunity. The Directory provides a bank of qualified diverse neutrals with a wide range of expertise and experience. Please share it with your colleagues. The Directory is also available at https://www.americanbar.org/content/dam/aba/marketing/dispute-resolution/2021-women-in-dispute-resolution-directory.pdf.
If you have questions or would like more information or assistance, WIDR has a community of volunteers available to help, including assistance with program material and presentation. Requests may be directed to WIDR’s Colorado representative, Suzanne Cochran, at suzanne@suzannecochranADR.com.