Corporate Culture / Corporate Faith – Masterpiece Gets Cert to SCOTUS
- June 26, 2017
- Miles Buckingham
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On June 26, 2017 the US Supreme Court said it would decide whether a business has the right, under the First Amendment, to deny services to a class of people protected under a state anti-discrimination law. Masterpiece Cakeshop, et al….
What was the Rule Against Perpetuities, again? Developers Control Communities They’ve Had Nothing to Do with for Years
- June 5, 2017
- Miles Buckingham
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What was the Rule Against Perpetuities, again? The Colorado Supreme Court has entered its Opinion on the Vallagio at Inverness Residential Condo Assoc. v. Metro Homes, Inc., case. A copy of the Opinion is available AT THIS LINK. In its…
NP in the Community – Nancy Miller Volunteers with Tribal Wills Project
- April 28, 2017
- Miles Buckingham
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In January, 2017, Nemirow Perez attorney Nancy D. Miller served as supervising attorney and team-member as a part of the Tribal Wills Project. Working with twenty-two University of Denver Strum College of Law students, one student from Vermont Law School,…
Employees, Independent Contractors, and Volunteers-oh my!
- February 23, 2017
- Miles Buckingham
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Do you know how many employees you have? The answer may not be as clear-cut as you think. Many employers classify workers as independent contractors and volunteers, but Courts might consider those workers as actual employees. A recent case from…
Comparative Negligence and Hospitals
- December 23, 2016
- Miles Buckingham
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Comparative negligence unavailable as a defense where hospital accepts care of self-harming individuals Hospitals can be liable for patient suicides under certain circumstances, even where the self-harm inflicted by the individual would otherwise preclude a recovery. That is what the…
Slack as a client communication tool: Bad idea or Worst idea?
- April 12, 2016
- Miles Buckingham
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Recently, a business attorney posting in The Lawyerist proposed that attorneys could use Slack to communicate with clients. As we represent attorneys in legal malpractice actions brought by the clients of those attorneys, we had to stop and ask: Is…
Nemirow, Perez, Buckingham Named SuperLawyers; Brown a Rising Star
- February 29, 2016
- Miles Buckingham
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February 29, 2016 — All three shareholders of Nemirow Perez P.C. have been recognized with the designation of 2016 SuperLawyers in Colorado by SuperLawyers Magazine. Chris Brown, of counsel with the firm, has been named as a Rising Star by the same publication….
When Does Collecting Fees and Costs Mean Retaliation?
- February 3, 2016
- Miles Buckingham
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February 3, 2016 – Colorado State Senator Morgan Carroll has introduced SB16-082 which seeks to prohibit Colorado homeowners’ associations from retaliating against an owner who undertakes ” a lawful action” to complain about “violation[s]” in a community. The proposed law,…
Questions About New Colo. Community Assoc. Manager Bill
- January 29, 2016
- Miles Buckingham
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January 29, 2016 Colorado House Representative JoAnn Windholz has offered HB16-1133 for consideration by the Colorado House. While the bill contains changes to existing laws which may not be controversial, the proposed revisions to 12-61-1010, C.R.S. (2016) could create numerous opportunities for litigation by disgruntled Boards,…
Guidance for HOA Managers re: Records Retention
- January 27, 2016
- Miles Buckingham
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January 13, 2016 — A new Director Position Statement by the Colorado Department of Regulatory Agencies: Division of Real Estate pertaining to record retention duties of Community Association Managers (“CAMs”) has been published. The Statement sets forth the Division’s opinion…