Colorado Supreme Court recently issued an important ruling to address whether litigants may pursue a civil theft claim (including theft or unauthorized use of trade secrets) where such acts also constitute a breach of contract. Colorado civil theft, codified in C.R.S. § 18-4-405, awards the rightful owner of stolen property the greater of $200 or three times the loss suffered.

On May 16, 2019, Governor Jared Polis signed into law bipartisan House Bill 19-1267 (the Act), which creates criminal liability for employers that intentionally refuse to pay, or that underpay, their employees. Starting January 1, 2020, employers could face criminal charges of petty offense, misdemeanor, or felony, depending on the amount of unpaid or underpaid wages. This means that employers or their agents could face imprisonment of up to a maximum of 24 years and a fine of up to $1 million for the most egregious offenses.