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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").

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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.

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169 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.

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284 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.

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376 Hits

Ogborn Mihm Nominated for 2016 CTLA Case of the Year Award

 

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COLORADO’S NEW LAW ON PROVING COLLECTIBILITY IN LEGAL MALPRACTICE ACTIONS

When clients are harmed by the malpractice of a lawyer, they oftentimes face a second, potentially more complicated lawsuit. The plaintiff-clients must prove the underlying case against the original defendant(s) in which the lawyer committed malpractice, and they must prove the negligence of the defendant-lawyer in order to win the malpractice action. While Colorado courts have long recognized that the solvency or insolvency of the underlying defendant must be proven in a legal malpractice case, the courts had not, until recently, answered the question of whether that responsibility lies with the plaintiff or defendant lawyer.

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National Distracted Driving Awareness: What Do You Need to Know?

Did you know approximately 660,000 drivers are using their cell phones or other electronic devices while driving, according to an ongoing survey by NOPUS (National Occupant Protection Use Survey)?

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1192 Hits

OGBORN MIHM LAWYERS’ ARTICLE CITED TO BY COLORADO COURT OF APPEALS

The Colorado Appellate Court, in a written opnion, recently cited to a law review article written by Mike Cross and Nicole Quintana analyzing the issue of proving collectibility in legal malpractice actions. The appellate case is Gallegos v. LeHouillier, 2017COA35, found at https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2017/15CA0724-PD.pdf. The law review article, “Your Place or Mine?: The Burden of Proving Collectibility of an Underlying Judgment in a Legal Malpractice Action,” 91 Denv. U. L. Rev. Online 53 (2014), can be found at http://www.denverlawreview.org/storage/online-article-pdfs/2014/Your%20Place%20or%20Mine_FinalFormat.pdf.

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Clay Wire Publishes Article on In-House Attorney Whistleblower Claims

With the recent $10 million jury award to a general counsel turned internal whistleblower in Wadler v. Bio-Rad Laboratories, Inc., Case No. 15-cv-02356 (N.D. Cal. Dec. 20, 2016), the topic of protections and incentives available to in-house counsel who expose fraudulent or illegal conduct is in the forefront. Clay Wire, a partner at Ogborn Mihm, LLP, is one of the few trial attorneys with experience representing in-house counsel in wrongful termination and whistleblower claims. He has recently published an article regarding common claims by in-house counsel turned whistleblowers, and the common issues that arise in such claims, which is available here.
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1557 Hits

Five Ogborn Mihm attorneys have been selected by their peers to be listed as 2017 Colorado Super Lawyers and Rising Stars

Five Ogborn Mihm attorneys have been selected by their peers to be listed as 2017 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; and Thomas Neville for personal injury plaintiffs. The Colorado Rising Stars is Clayton Wire for employment litigation.

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963 Hits

6 Ogborn Mihm Attorneys Named as Superlawyers

We are pleased to announce six Ogborn Mihm attorneys have been selected by their peers to be listed as 2016 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; and Thomas Neville for personal injury plaintiffs. The Colorado Rising Stars are Mike Cross for construction litigation; and Clayton Wire for employment litigation. Super Lawyers® is a service of the Thomson Reuters, Legal Division. Each year, the research team at Super Lawyers® undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check. Super Lawyers® can be found online at www.superlawyers.com.

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Tip of the Spear

It is with deep appreciation that I accept the honor of serving as President of CTLA for the 2014-2015 year. As we begin this year, I want to share with you why CTLA is important to me and why I believe in CTLA’s mission. At 1,200 members, CTLA is one of the smaller professional organizations in the State of Colorado. However, what we do has an outsized impact for good on the lives of our clients and fellow citizens. As trial lawyers, we are often the only advocates standing in-between our clients and those individuals and companies who would exploit, bully and intimidate and try to avoid accountability for careless behavior or outright misconduct.

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Victory in Court of Appeals for Small Business Owner

Ogborn Mihm, LLP partner Thomas Neville obtained a victory for their client, Visible Voices, Inc., over the Division of Unemployment Insurance in a recent Colorado Court of Appeals decision, Visible Voices, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance, 2014 COA 63.  The Division of Unemployment Insurance commenced an audit of a small business, Visible Voices, Inc., that provides instant speech-to-text translation known in the court reporting industry as Computer Assisted Realtime Translation ("CART").  The Division determined that Visible Voices owed back unemployment insurance taxes on 13 workers it determined were "employees" of Visible Voices.  Visible Voices appealed the determination, citing facts that showed the workers were independent contractors who undertook performance of engagements on a limited basis when the Visible Voices owner was unable to perform the services requested of her clients due to a scheduling conflict.  The case was heard by two different hearing officers, and twice by the ICAO before going up on appeal to the Court of the Appeals.  In the Court of Appeals decision, it sided with Visible Voices, holding that the ICAO inappropriately relied on a single-factor test to determine whether the pool of workers Visible Voices occassionally gave work to were independent contractors.  Notably, the Court of Appeals cited with approval to Softrock Geological Services, Inc. v. Industrial Claim Appeals Office, 2012 COA 97, for the proposition that a single-factor test is inappropriate to determine whether a worker is customarily engaged in an independent trade or business related to the services performed.  This Court of Appeals decision was bolstered a few days later by the Colorado Supreme Court's twin decisions in Industrial Claim Appeals Office v. Softrock Geological Services, Inc., 2014 CO 30, and Western Logistics, Inc. v. Industrial Claim Appeals Office, 2014 CO 31, which also rejected a single-factor test for purposes of determining whether an individual is an independent contractor under the Colorado Employment Security Act.

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3049 Hits

Seven Ogborn Mihm attorneys named to the list of 2014 Colorado SuperLLawyers and Rising Stars

We are pleased to announce seven Ogborn Mihm attorneys have been named to the list of 2014 Colorado Super Lawyers and Rising Stars.

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2826 Hits

Successful Sexual Harassment Finding

Clayton Wire of Ogborn Mihm LLP to represent the courageous young woman featured in this story (link below), Ms. Rachel Martinez.  Ms. Martinez was subjected to a demeaning, cruel, and sexually inappropriate workplace by her general manager for approximately a year.  Despite her complaints and the owner’s knowledge of the general manager’s sexual harassment of other employees, nothing was done.  We are pleased that the Colorado Civil Rights Commission has found in Ms. Martinez’s favor and that as a result we were able to achieve a favorable settlement.

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2463 Hits
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