Colorado’s New Data Privacy Law: Where’s Your Company’s Policy?
- December 20, 2018
- Miles Buckingham
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Does your business receive or keep Personal Identifying Information of customers? The definition of Personal Identifying Information is broad, and includes: A user’s password (say, to access restricted areas on your web-site); Personal Identification Numbers; Social security numbers; A pass…
Employment Law: Mass. Medical Marijuana Users Have Standing to Sue
- July 19, 2017
- Miles Buckingham
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On Monday, the Massachusetts Supreme Judicial Court recognized standing to sue in an employee who was terminated for using medical marijuana. The Mass. order stands in direct contrast to recent decisions from Colorado, and creates new conflicts between states on…
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…
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…
Nemirow Perez Offers Virtual General Counsel For Small Businesses
- September 3, 2016
- dflo
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Have you considered a virtual General Counsel for your small business? Small business owners are busy, on a budget, and sometimes baffled by the legal and regulatory side of running a business. As small business owners ourselves, we get it…
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,…
Colorado Court of Appeals Affirms Summary Judgment for Client
- February 24, 2015
- Miles Buckingham
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On February 5, 2015, a panel of the Colorado Court of Appeals entered its opinion on a case won by summary judgment by Nemirow Perez’s Miles Buckingham. The suit, which alleged multiple civil violations by an Arapahoe County homeowners’ association,…
The EEOC and additional considerations in claims of pregnancy discrimination
- January 28, 2015
- Miles Buckingham
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In July 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued formal guidance that clarifies its position on the Pregnancy Discrimination Act (“PDA”). Though this guidance does not have the force of law, it offers an indication of how the…
Perez on Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know
- January 28, 2015
- Miles Buckingham
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On July 25, 2014, Kevin Perez was a speaker at the Colorado Defense Lawyers Association’s Telluride Summer Conference. Kevin’s presentation was titled, “Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know.” The discussion covered several hot topics, including…