Category Archives: General

Reply-All with Implied Consent

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued its Formal Opinion No. 503 on November 2, 2022, which concluded that a lawyer may ethically respond to a group email from opposing counsel with a “reply all” message even if the initiating group email’s recipients included the sending lawyer’s client. ABA Model […]

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No Time for Daylight Saving Time?

Time to “fall back” an hour on Sunday, November 6, 2022. An annual ritual that may change with the Sunshine Protection Act that passed the U.S. Senate earlier this year to make Daylight Saving Time permanent year-round. According to a YouGov poll taken in March 2022, 64% of Americans want to stop changing the clocks […]

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Quantum Meruit & Unjust Enrichment 

“In Colorado, the doctrine of quantum meruit is synonymous with the doctrine of unjust enrichment.” Cahey v. IBM Corp., No. 20-cv-00781-NYW, 2020 WL 5203787 (Sept. 1, 2020) (citing Dudding v. Norton Frickey & Assocs., 11 P.3d 441, 444 (Colo. 2000). “Quantum meruit is an equitable theory of recovery that arises out of the need to […]

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Civil Theft through Unauthorized Use of Funds

Civil theft exists when the criminal state of mind—to permanently deprive the owner of the benefit of their property—exists. E.g., In re Est. of Chavez, 2022 COA 89M, ¶ 47 (Colo. App. Aug. 25, 2022). When a perpetrator takes money in an unauthorized manner, post-hoc characterizations, such as calling it “safe keeping,” do not exculpate […]

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Online Patient Reviews and California Anti-SLAPP

California’s anti-SLAPP statute is “designed to protect defendants from meritless lawsuits that might chill the exercise of their rights to speak and petition on matters of public concern.” Wilson v. Cable News Network, Inc., 7 Cal.5th 871, 883–4 (2019). “Evaluating what qualifies as an issue of ‘public interest’ inherently requires consideration of the public/private distinction, […]

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