Latest Blog Posts

• Blog: Labor & Employment
  Date: June 18, 2019 Title: Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021
  Summary: On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021....
• Blog: Labor & Employment
  Date: June 13, 2019 Title: In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees
  Summary: The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state....
• Blog: Labor & Employment
  Date: June 10, 2019 Title: A Human Resources Challenge – The Insider Threat To Data Assets
  Summary: On April 23, 2019, a privacy notification by the FBI stated that U.S. businesses are reporting a significantly increased amount of data loss as a result of insider threat actors. Companies should not assume that this warning falls squarely within the domain of their Information Technology or Chief Information Security Departments. The vast majority of data-loss incidents have a human component, so what can HR departments contribute to minimize the “Insider Threat”? ...
• Blog: Data Privacy & Cybersecurity
  Date: June 07, 2019 Title: CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 3 of 3: Trends and Planning – What it All Means
  Summary: On June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Protection Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. The final installment of this three-part series will cover trends and planning....
• Blog: Labor & Employment
  Date: June 06, 2019 Title: Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 2 of 2
  Summary: What Constitutes a “Plan Asset” and How Do Employers Allocate and Distribute a Premium Rebate When the Employees’ Contribution to the Group Health Plan is Treated as a Plan Asset? The premium rebate an employer receives from their health insurance provider may be considered a “plan asset.” Under, and subject to, the Employee Retirement Income Security Act (ERISA), if the rebate is considered a “plan asset,” then it must be used within three months of when it is received by the plan sponsor. ...
• Blog: Intellectual Property & Technology
  Date: June 06, 2019 Title: Claims with Precise Numerical Values - A Cautionary Tale
  Summary: On March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013. ...
• Blog: Data Privacy & Cybersecurity
  Date: June 05, 2019 Title: CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 2 of 3: General Observations on Pending Amendments to the CCPA
  Summary: On June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Protection Act (“CCPA”) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. Part 2 of this three-part series will look at pending amendments to the CCPA....
• Blog: Labor & Employment
  Date: June 05, 2019 Title: Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2
  Summary: What Should Employers Know About the “Affordable Care Act” and the Medical Loss Ratio? These days, with readily available access to various political and social media platforms, one may find that the phrase “Affordable Care Act” has evolved into a “buzzword” occasionally used to promote a partisan agenda. Regardless of the current political climate and differences in opinions, most employers should have a general understanding and knowledge of the medical loss ratio under the Affordable Care Act (ACA)....
• Blog: Data Privacy & Cybersecurity
  Date: June 04, 2019 Title: Legislative Alert: New Jersey Enacts Legislation to Expand Disclosure of Online Data Breaches
  Summary: On May 10, 2019, New Jersey enacted Senate Bill 52 (SB 52). This bill, which will take effect on September 1, 2019, will require disclosure of data breaches that impact usernames, email addresses, and/or other account holder identifying information belonging to residents of the Garden State when combined with any password or security questions and answers....
• Blog: Data Privacy & Cybersecurity
  Date: June 03, 2019 Title: CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 1 of 3: Where Does the Law Stand Now?
  Summary: On June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Protection Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. Part 1 of this three-part series will examine the current state of the law....