Wrong Law Applied, Wrong Words Used, But the Correct Result Reached Stockdale v. Ellsworth By Herrick K. Lidstone, Jr., Burns, Figa & Will, P.C. On December 18, 2017, the Colorado Supreme Court issued its opinion in Stockdale v. Ellsworth, 2017 CO 109. This opinion discussed some of my favorite subjects – piercing the veil of […]

Attorney–Client Privilege and the Work Product Doctrine Is Confidentiality Lost in Email? ByHERRICK K. LIDSTONE, JR. Electronic mail communications are a fact of life. There is no getting around this benefit and burden. Yet the careless use of email devices and networks by both attorneys and clients risks the loss of confidentiality and other privileges. […]

New Rules Under The Colorado Securities Act Now Effective By Herrick K. Lidstone, Jr., Burns, Figa & Will, P.C. Introduction The Colorado Securities Act, found at C.R.S. § 11-51-101 et seq. (the “CSA”), is administered by the Securities Commissioner (C.R.S. § 11-51-701) subject to the oversight of the Colorado Securities Board (C.R.S. § 11-51-702.5(4). The […]

SECURITIES EXEMPTIONS –   AMENDED AND REINTERPRETED’ AMENDMENTS TO RULE 504 AND INTRASTATE OFFERINGS NEW INTERPRETATIONS OF RULE 701 AND RULE 144(d) By Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. November 22, 2016 On October 26, 2016, The Securities and Exchange Commission (the “SEC”) adopted rules 2 that: Amended Rule 504 of Regulation D […]

New DOL Rule for Overtime Pay

The federal Fair Labor Standards Act (the “FLSA”) has governed the relationship between employers and employees since enacted in 1938 including establishing the 40 hour work week and a minimum hourly wage. It also governs when employees must be paid overtime. The FLSA and the rules interpreting the statute set forth three tests to determine […]

Crowdfunding Amendments – H.B. 16-1049

Crowdfunding Amendments – H.B. 16-1049 By: Herrick K. Lidstone, Jr., Burns, Figa & Will, P.C. The 2015 General Assembly adopted, and Governor Hickenlooper signed, the Colorado Crowdfunding Act (adding § 11-51-308.5 to the Colorado Securities Act). The Securities Commissioner adopted rules to implement the Colorado Crowdfunding Act (“CCFA”) before its effective date (August 1, 2015), […]

Ethics Rules Lawyers Should Remember

ETHICS RULES LAWYERS SHOULD REMEMBER 2015-2016 UPDATE1 By Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. Greenwood Village, CO The Colorado Rules of Professional Conduct (the “Colo. RPC”), the comments to the Colo. RPC, and the interpretations provided by the courts and the Ethics Committee of the Colorado Bar Association govern lawyers practicing law […]

By Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. Greenwood Village, Colorado The CBA’s Real Estate Law Section Executive Council has proposed amendments to C.R.S. § 38-34-105 which have been supported by the Executive Council of the Business Law Section, and endorsed by the CBA’s Legislative Policy Committee. On January 8, 2015, Senator Beth […]

By: Steve M. Nagy, Esq. and Katherine E. McAuley, Esq. In 2013, the City of Longmont banned hydraulic fracturing, and the City of Fort Collins enacted a 5-year moratorium on the practice. The Colorado Oil and Gas Association (“COGA”) challenged these ordinances in Boulder and Larimer County district court, with the Colorado Oil and Gas […]

The Colorado Water Conservation Board (CWCB) approved the final Colorado Water Plan (Plan) and submitted it to Governor John Hickenlooper on November 19, 2015. The Plan is Colorado’s first comprehensive water plan. The Governor directed the CWCB to write the Plan two years ago by executive order. In accepting the final Plan, Governor Hickenlooper quoted a […]

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