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Part 3: FAQs ABOUT COLORADO’S NEW PRIVACY ACT Who Does It Apply to and Three Unique Characteristics

Part 3: FAQs ABOUT COLORADO’S NEW PRIVACY ACT
Who Does It Apply to and Three Unique Characteristics

By Tyler Rauert When did The Colorado Privacy Act take effect?  July 1, 2023. Who Does the Colorado Privacy Act Apply To? The law applies to entities, including nonprofits, that conduct business in Colorado or deliver commercial products or services targeted to residents of Colorado; AND either: The law also applies to service providers, contractors, and vendors that manage, maintain, or provide services relating to the data on behalf of these companies.

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How the U.S. Differs from the E.U. - Part 2: UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE

Part 2: UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE
How the U.S. Differs from the E.U.

By Tyler Rauert In the first blog post in our data privacy series, we reviewed what unites the various data privacy regimes businesses are likely to encounter. Now, let’s identify the most important differences among them.   The first and most obvious is that the developed world’s two largest economies, the U.S. and European Union, have different perspectives on data privacy.  In the EU, the General Data Protection Regulation (GDPR) is

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UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE Part 1 of 4

UNDERSTANDING THE GLOBAL DATA PRIVACY LANDSCAPE
Part 1 of a 4-Part Data Privacy Deep-Dive

By Tyler Rauert Data might be the most valuable asset in today’s economy.  Its capacity to power businesses and transform industries – even industries without mandatory hoodies or kombucha on-tap – is undeniable.  However, as Spider-Man reminds us in every chance he gets, with great power comes great responsibility.  Governments worldwide recognize the power of data and are codifying the duties of data-driven organizations in increasingly inescapable regulatory regimes.   While

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What Colorado Employers Need to Know About the POWR Act

What Colorado Employers Need to Know About the POWR Act

By Kaitlyn Dehmer On June 7, 2023, Gov. Jared Polis signed the Protecting Opportunities and Workers’ Rights Act (the “POWR Act”) into law. The POWR Act takes effect August 7, 2023, and includes changes employers must prepare for.  Here’s what every Colorado employer needs to know about the POWR Act: Marital Status The POWR Act includes marital status as a protected class under the Colorado Anti-Discrimination Act (“CADA”). Under the

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Nasdaq and SEC Adopt Final Executive Compensation Clawback Rules: What Are the Implications for All Listed Companies?

The Securities and Exchange Commission (SEC) has implemented new rules, now adopted by the New York Stock Exchange (NYSE) and the Nasdaq Stock Market (Nasdaq), requiring all listed companies, including emerging growth companies (EGCs) and smaller reporting companies (SRCs), to create and enforce executive compensation “clawback” policies.  What is a Clawback Policy? Clawback policies generally require publicly listed companies to recover, or “claw back,” excess incentive-based compensation paid to current

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Federal Pregnant Workers Fairness Act (PWFA) Goes into Effect June 27, 2023

By Liz Hartsel What is the PWFA? On December 29, 2022, President Biden signed two bills into law aimed at enhancing protections for pregnant and nursing parents in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (PUMP Act.)*  Beginning June 27, 2023, employers with 15 or more employees are required to provide “reasonable accommodations” to workers for “known limitations

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Avoiding Misrepresentation and Fraud Claims in Contracts

By Charlie Carlin At Fortis Law Partners, we routinely handle disputes where the plaintiff alleges that the defendant fraudulently induced the plaintiff into entering into a business transaction. A common issue in those disputes is whether the plaintiff signed a contract in which the plaintiff affirmed that, in deciding to enter into the contract, he did not rely on any representations other than what was written in the contract. The

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What to Know About Summary Judgments

By Charlie Carlin In the life cycle of a lawsuit, summary judgment is the parties’ last chance before trial to win the case without having to go to trial or settle. In addition, because summary judgment usually comes after discovery has ended in the case, it is the parties’ first chance to present evidence in their favor and argue their case to the judge. Because you only get one chance

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Even Presenting an Employee with an Overbroad Severance Agreement Can Create Employer Liability

By Leni Plimpton Employers: Does your company regularly provide employees with severance agreements? If so, it is critical to be aware of changing labor laws and review your severance and separation agreements accordingly.  Recently, the National Labor Relations Board overruled two of the previous Board’s decisions from 2020. In McLaren Macomb, issued February 21, 2023, the Board imposed strict requirements on employers, holding that it is unlawful to even present

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US Department of Justice Reaches Penalty Deal for Biased Job Ads, Highlighting Discrimination Based on Citizenship

By Leni Plimpton The US Department of Justice has recently reached another penalty deal concerning biased job advertisements. This development sheds light on the pervasive issue of discrimination based on citizenship status, reinforcing the importance of adhering to the principles set forth in the Immigration and Nationality Act (“INA”) and Title VII of the Civil Rights Act of 1964. Enacted in 1952 and amended many times since, the INA was

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