303.592.5900

Our Blog

Ogborn Mihm, LLP

COVID-19 UPDATE - OGBORN MIHM LLP IS OPEN
To protect public health and safety, access to our physical office is restricted and we are working remotely to serve our clients. Our attorneys are available to schedule convenient, remote meetings either by phone or video conference.
Please call (303) 592-5900 or This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Shelter-In-Place Orders: Changing The Way We Take Depositions

Shelter-In-Place Orders: Changing The Way We Take Depositions

While lawyers have conducted depositions remotely for some time, it was often at the option of the parties and limited in use to the tech-savvy.  Now, shelter-in-place orders and fear of exposure to COVID-19 have forced all litigators—tech-savvy and luddite alike—into learning about remote deposition platforms, their capabilities, and their limitations.  So, what is it that we should all know and consider before setting the date for our next remote deposition?

Continue reading
  165 Hits
165 Hits

COVID-19, Business Interruption Insurance, and Civil Authority Coverage in Colorado

COVID-19

Many Business Owner’s and Commercial Property insurance policies include business interruption insurance coverage (or business income insurance coverage).  This coverage is designed to provide businesses with replacement income during periods in which the business is closed (or suffers a slowdown) as a result of covered property damage.  Often, business income insurance also provides coverage in the event the policyholder suffers a closure or slowdown as a result of an action by a civil authority.

Continue reading
  124 Hits
124 Hits

Employee Protections and Unemployment Claims in the Wake of the COVID-19 Pandemic and the CARES Act

form

Over the course of the last six weeks, life as Coloradans, Americans, and global citizens, has been turned on its head.  Only weeks ago, millions of us woke up on an average morning; brewed our coffee, got our families out the door, and headed to work.  For many of us, our jobs serve as more than just a “job.”  Instead, our employment provides a sense of self-identity, community, connection, and purpose in the world.  And in reality, our employment also provides for financial security to help us take care of our present needs, and plan for the future.  And now, in what feels like the blink of an eye, millions and millions of Americans watch as their careers, and their finances, plummet in the midst of the COVID-19 pandemic.  Over 16 million Americans have filed for unemployment benefits. 

Continue reading
  553 Hits
553 Hits

Why your Business Interruption Insurance may cover claims for lost profits and ongoing expenses arising from the COVID-19 Stay At Home Orders

Business Insurance claims for lost profits arising from COVID-19

By Thomas Neville

Continue reading
  315 Hits
315 Hits

SEVEN OGBORN MIHM, LLP ATTORNEYS NAMED 2020 BEST LAWYERS IN AMERICA®

DENVER, CO (August 15, 2019) - Seven attorneys from Ogborn Mihm, LLP have been selected for inclusion to the 2020 edition of The Best Lawyers in America.

Continue reading
  740 Hits
740 Hits

Emily Fiscus Joins Ogborn Mihm, LLP

Emily 2 web

We are pleased to announce Emily Fiscus has joined the firm as an associate attorney.

Continue reading
  838 Hits
838 Hits

Ten Ogborn Mihm Attorneys Named to 2019 Colorado Super Lawyers List

OGBORN SUPER LAWYER ANNOUNCEMENT

Ogborn Mihm, LLP, is pleased to announce ten attorneys have been selected to the 2019 Colorado Super Lawyers and Rising Stars lists.

Continue reading
  828 Hits
828 Hits

Trade Secret and Trade Secret Protection: Knowing is Half the Battle

Waymo v. Uber.  Qualcomm v. Apple.  ZeniMax v. Oculus.  While high profile trade secret cases like these have become more prevalent in headlines over the past couple of years, intellectual property cases do not only arise in the context of well-known corporations.  The number of trade secret cases in general has risen exponentially, due in part to the increase in startups, small tech firms, and the mobility of employees.  Oftentimes, smaller businesses rely on trade secret protection for designs and processes to avoid the upfront expense of obtaining patents, which require public disclosure of the underlying science or process and typically only provide protection for a set number of years.

Continue reading
  1025 Hits
1025 Hits

Medical Judgment May be “False or Fraudulent” Under the False Claims Act: U.S. ex rel. Polukoff v. St. Mark’s Hospital

In its July 2018 decision in United States ex rel. Polukoff v. St. Mark’s Hospital, the 10th Circuit Court of Appeals held that a doctor’s medical judgement can be “false or fraudulent” for the purposes of the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733.

Continue reading
  3993 Hits
3993 Hits

The When, What and How of Litigation Holds

In 2003, “litigation holds” became one of the hottest topics in e-discovery. This shift was due to United States District Court Judge Shira A. Scheindlin’s decisions in Zubulake v. UBS Warburg. Looked at collectively, the judge made clear that, once a party reasonably anticipates litigation, it must take special actions to preserve relevant electronic evidence.  Colorado courts take the same approach. See, e.g., Turner v. Pub. Serv. Co. of Colorado, 563 F.3d 1136, 1149 (10th Cir. 2009)(duty to preserve evidence arises when party "knew, or should have known, that litigation was imminent").

Continue reading
  1443 Hits
1443 Hits

Can Relators Take Advantage of Lengthened Statute of Limitations in False Claims Act Qui Tam Cases

A recent 11th Circuit opinion held that False Claims Act (FCA) relators can invoke a three-year statute of limitations measured from when the government receives notice of the violation, even in a case in which the government declines to intervene.

Continue reading
  1599 Hits
1599 Hits

Five Ogborn Mihm, LLP attorneys named to 2019 Best Lawyers list

Ogborn Mihm, LLP is pleased to announce five lawyers have been included in the 2019 Edition of The Best Lawyers in America.

Continue reading
  1351 Hits
1351 Hits

Whistleblower Retaliation After Genberg v. Porter and Digital Realty v. Somers

Appellate Victory in Sarbanes-Oxley Act Whistleblower Case More Important Now, After SCOTUS Decision in Digital Realty

On February 21, 2018, the Supreme Court issued its opinion in Digital Realty Trust v. Somers, Case No. 16-1276, -- US – (2018), holding that in order to be protected from retaliation for internal reporting under the Dodd-Frank Act’s Section 21F as a “whistleblower,” which is defined in the statute, the individual must have first made a disclosure to the SEC under the Act’s bounty system. While the decision was not the death blow to Chevron deference that some expected, given Justice Gorsuch’s apparent hatred of the doctrine, it was a significant limitation on the protections for whistleblowers.

Continue reading
  2070 Hits
2070 Hits

EXECUTIVE AWARDED $1.26M FOR BREACH OF EMPLOYMENT CONTRACT

An El Paso County jury has awarded the former COO and President of a Colorado Springs based physical therapy training company $1.26 million, agreeing that the company had breached its employment contract with the executive and that the founder breached his promise to give one third of the company to the executive.

Continue reading
  1402 Hits
1402 Hits

Eight Ogborn Mihm attorneys have been selected by their peers to be listed as 2018 Colorado Super Lawyers and Rising Stars

The firm’s Colorado Super Lawyers are Murray Ogborn for personal injury plaintiffs; Michael Mihm for professional liability plaintiffs; Mike Ogborn for business litigation; Susie Hardie Jacks for bankruptcy, and Thomas Neville for business litigation.

Continue reading
  1632 Hits
Tags:
1632 Hits

Ogborn Mihm Clients Dave and Amanda Repsher Settle Helicopter Crash Case

Flight Nurse Dave Repsher Settles Helicopter Crash Case

Continue reading
  1946 Hits
1946 Hits

Fiduciary Duties Involved in Colorado Businesses; Part I - The Basics

Colorado offers a lifestyle that is attractive to many new businesses, and in recent years, we have seen an influx of residents and start-ups seeking to take advantage of all this state has to offer. But business people—and particularly friends entering into business on a handshake or “back-of-the-napkin” deal—should take care to draft business agreements up front in order to avoid the lawsuits that may ensue when disputes arise down the line. One particular area of concern that often times leads to the break-up of a business is a breach of fiduciary duty. But what is a fiduciary duty and how do you know if you are violating it? This series will first address the basics of fiduciary duties, the sources from which those duties come, and the enforcement of those duties. Then, each subsequent Part will address what those duties entail in relation to a partnership, limited liability company, and corporation.

Continue reading
  4534 Hits
4534 Hits

Competing with Non-Compete Provisions

You are married to your job. You are what you do. There is truth to the idea that we all identify ourselves with the profession we have chosen. So, what happens when someone tries to limit your ability to do that job? Most often, these limitations are presented in the form of a non-compete clause in a contract. Colorado does not look favorably on restricting competition or a person’s ability to work, and our legislature enacted law that defines very narrow exceptions to the general rule that covenants not to compete are void. Colorado Revised Statute Section 8-2-113 states that a contractual restriction on a person’s ability to perform “skilled or unskilled labor for any employer” is automatically unenforceable unless it falls into one of four categories.

Continue reading
  2301 Hits
2301 Hits

Lawson v. FMR: Private Contractors of Public Companies Fall Within SOX Anti-Retaliation Provision

 

Continue reading
  2859 Hits
2859 Hits

Court Enforces Arbitration Agreement in Dodd-Frank Act Retaliation Case

The court in Wussow v. Bruker Corp., decided on June 28, 2017, ruled that whistleblower claims brought under the Dodd-Frank Act are subject to mandatory arbitration. 

Continue reading
  2291 Hits
2291 Hits

Contact Us