CFOs understand the basic rules about raising money by selling stock or other equity securities to fund their businesses. They can do a private offering to a limited number of select investors, and maybe someday they can register a public offering with the SEC and sell stock to thousands of investors.
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HIPAA Privacy Rule Policy and Procedure Manual for Mental Health Practitioners in Colorado
The HIPAA Privacy Rule states that an individual’s health information cannot be used internally or disclosed to others without the individual’s permission, unless there is a specific regulatory exception. However, as the book details, there are significant exceptions in the regulations. Now that the U.S. Department of Health and Human Services has made HIPAA enforcement a priority, mental health providers should ensure that their compliance programs are up to date to avoid costly and time consuming HIPAA violations.
The manual, which was written for private mental health practitioners who are practicing in the State of Colorado, is available for sale here.
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From a Legal Perspective: Mineral Lessee’s Rights to Conduct Seismic Operations
As the seismic work in Colorado has both increased and moved into more populated areas, we are seeing an increase in disputes between surface owners and mineral lessees over surface access to conduct seismic operations. We explain here the basic law in Colorado that defines the mineral owner’s rights to access and use the surface estate to conduct seismic acquisition.
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Nuisance, opportunity in oil and gas development
Recent press reports on U.S. Rep. Jared Polis contemplating a lawsuit to halt oil and gas development near his farm illustrate several important points. To begin with, this type of development is creating new opportunities for small businesses, like Sundance Energy, which is drilling the well at issue.
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When Choosing Pleaded or Pled, Grammar Pitted Against Popular Usage
Since law school, I’ve been engaged in what seems to be a never-ending debate over the use of “pleaded” versus “pled.” For the record, I prefer pleaded. As a graduate of legal writing guru Bryan Garner’s alma mater–and his school of thought–I learned early on that pleaded is the correct past-tense form. According to Garner’s “A Dictionary of Modern Legal Usage,” pled is an “alternative past tense form to be avoided.”
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Black Letter Law
Tim Flegleman and Amy Krasner were married in an outdoor ceremony at a property in the foothills of Denver. The venue, owned by one of Flegleman’s clients, had a main house, a guest house, and a party hall. There was a lawn just the right size for all the guests split by a paved path that served perfect as an aisle. The property afforded sweeping views of Denver and its suburbs, eliciting oohs and ahs from the guests as they arrived for the midday Saturday event.
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Sidestepping Preemption: Generic Drug Litigation in the Aftermath of Mensing
PLIVA, Inc. v. Mensing was an enormous and, by some predictions, unexpected victory for generic drug manufacturers (“the Generics”). The Supreme Court held that state law failure-to-warn claims against the Generics—the core claims in generic drug cases—were preempted. The Court found impossibility preemption because the Generics, unlike their brand-name counterparts, were prohibited by federal law from independently strengthening their drug labels.
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In Memoriam: Bob Harry
We received the sad news that our former partner and good friend Bob Harry died on Tuesday, June 25th. Bob had a long career as one of Denver’s finest litigators that included trials of countless important cases. Bob will also be remembered as a mentor for young litigators at Davis Graham. Many have taken inspiration from his methods of trying cases and his commitment to professionalism, skill, and ethical behavior.
Bob represented companies across the Rocky Mountain region as well as acting as local counsel for national brands such as IBM and Carnation. Bob received both his undergraduate and law degrees from Yale, although his legal education was delayed somewhat by his decision to leave law school soon after the Pearl Harbor bombing to seek a commission in the U.S. Naval Reserve. After receiving his J.D., Bob joined the New York firm of Hughes Hubbard & Reed. In 1952, Byron White persuaded his former Yale law school classmate to leave New York and travel west to join Davis Graham. Bob became the first litigation specialist at the firm and head of the Trial Department.
Bob had a very active civic life, including being elected to the American College of Trial Lawyers in 1965 and the Board of Regents from 1973 to 1977. He was the Tenth Circuit member of the American Bar Association Judiciary Committee from 1969 to 1973. In 2003 Bob left retirement at the request of the Tenth Circuit Court of Appeals and devoted three years to organizing its Historical Society and serving as its inaugural president.