June 16, 2019

Archives for May 14, 2012

The Top Ten Mistakes Companies Make in Online Advertising: How to Comply with the FTC Act

Have you ever done an internet search and clicked on what appeared to be a likely answer, only to find yourself staring at a fake news site advertising some product? Or conversely, have you ever thought that you might get more search hits if you made your firm’s web page look like a news website? Learn about the pitfalls to this approach on Wednesday, May 16, 2012, as Scott R. Bialecki and Claude C. Wild, III, discuss the FTC’s advertising laws at CLE’s lunchtime program, “The Top Ten Mistakes Companies Make in Online Advertising.”

In addition to fake news sites, Mr. Bialecki and Mr. Wild will address such topics as website testimonials, endorsements in social media, online disclaimers, use of competitors’ names on websites, and related enforcement considerations. They will also examine common advertising and trademark infringement missteps associated with online advertising.

This program is a must-see for all attorneys with an internet presence. Don’t miss it!

CLE Program: The Top Ten Mistakes Companies Make in Online Advertising

This CLE presentation will take place on Wednesday, May 16. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

Tenth Circuit: Unpublished Opinions, 5/11/12

On Friday, May 11, 2012, the Tenth Circuit Court of Appeals issued no published opinions and three unpublished opinions.

Unpublished

United States v. Ballieu

United States v. Martinez

Glaser v. Wilson

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

SB 12-184: Allowing Owners of Special Mobile Machinery Fleets to Register Their Vehicles Once a Year and Have Special Tags

On May 4, 2012, Sen. Bill Cadman introduced SB 12-184 – Concerning the Registration of Special Mobile Machinery Fleets, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows an owner of more than 10 pieces of special mobile machinery to register all new special mobile machinery quarterly with the county and to obtain and use special mobile machinery plates, stickers, or certificates to designate that the registration for the machinery is pending. This allows the owner to renew the registrations for all of the machinery on the same date each year. If the machinery is not intended for highway use, its plate is not required to have an annual validating tab or sticker. Fees are set to implement the bill.

The bill is assigned to the Transportation Committee and is scheduled for committee review today at a time and place to be determined.

Since this summary, the  bill passed out of the Senate, and was assigned to the House Finance Committee. It was unamended in Finance and referred to Appropriations, then referred unamended to the House Committee of the Whole.

Summaries of other featured bills can be found here.

SB 12-183: Directing the Public Utilities Commission to Receive Data Regarding Low-Income Energy Consumers in Order to Prevent Utility Shut Off During Extremely Cold Weather

On April 30, 2012, Sen. Betty Boyd introduced SB 12-183 – Concerning Restrictions on a Utility’s Ability to Disconnect Certain Residential Customers’ Utility Service, and, In Connection Therewith, Directing the Commission on Low-Income Energy Assistance to Review and Report on the Effectiveness of Existing Measures Concerning Discontinuance of Service and Low-Income Rate Relief. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, utilities providing gas and electric services to residential customers are prohibited from terminating service during certain periods if the termination would be especially dangerous to the health or safety of the customer.

The bill adds additional circumstances under which utilities providing gas or electric heating services for residential customers may not disconnect a residential customer’s service between the months of November and March if the customer demonstrates that he or she is a member of a low-income household or that he or she, or a member of his or her household, is in the military and has been deployed on active duty. In addition to demonstrating his or her income eligibility, a residential customer who is a member of a low-income household must apply for a payment plan with the utility and demonstrate his or her eligibility, and application, for low-income energy assistance to be exempt from disconnection between the months of November and March.

On May 2, the Health and Human Services Committee amended the bill and referred it to the Committee on Appropriations. On May 4, the Appropriations Committee amended the bill and moved it to the floor of the Senate for consideration on 2nd Reading.

Since this summary, the bill passed a 3rd Reading in the Senate and was referred to the House Appropriations Committee. It was unamended in Appropriations and passed a 2nd Reading on the House floor.

Summaries of other featured bills can be found here.

HB 12-1361: Amending Governmental Immunity Act to Disallow Sovereign Immunity for Claims Arising from Prescribed Fires On or After January 1, 2012

On May 3, 2012, Rep. Bob Gardner and Sen. Bill Cadman introduced HB 12-1361 – Concerning Claims Against the State Arising Under the “Colorado Governmental Immunity Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In connection with the “Colorado Governmental Immunity Act” (CGIA):

  • The bill expands the definition of “dangerous condition” to include a prescribed fire started or maintained by the state. In addition to any other claims for which the state waives immunity under the CGIA, the bill waives sovereign immunity in connection with claims against the state in an action for injuries resulting from a dangerous condition caused by a prescribed fire started or maintained by the state or any of its employees on or after January 1, 2012.
  • The bill specifies that it shall not be construed to constitute a waiver of sovereign immunity if the injury arises from any act, or failure to act, of a state employee if the act is the type of act for which the state employee would be or heretofore has been personally immune from liability.
  • The bill also specifies that the state shall also have the same immunity as a state employee for any act or failure to act for which a state employee would be or heretofore has been personally immune from liability.

The bill modifies existing law to clarify the requirements under which an amount may be recovered against the state in excess of the maximum liability amounts specified in the CGIA. The bill clarifies existing provisions to specify that the general assembly acting by bill may authorize payment of all or a portion of a judgment against the state that exceeds the maximum amounts.

The bill sets up an alternate procedure under which the state claims board, after compromising or settling a clam on behalf of the state for the maximum liability limits under the CGIA, is empowered to determine, in its sole discretion, whether to recommend to the general assembly that the general assembly, by bill, authorize all or any portion of any such additional payment. In determining whether to make such recommendation, the claims board is required to consider interests of fairness, the public interest, and the interests of the state. A recommendation made by the claims board shall not include payment for noneconomic loss or injury and is to be reduced to the extent the claimant’s loss is or will be covered by another source, including any insurance proceeds that have been paid or will be paid, and no insurer shall have a right of subrogation against the claimant for any additional payment or any portion of such payment that is approved by the general assembly. Any additional payment or any portion of such payment approved by the general assembly is to be paid from the general fund.

The bill was introduced on May 3. On May 4 the Appropriations committee referred the unamended bill to the full House for consideration on 2nd Reading. On Friday, May 4 the bill passed on 2nd Reading with amendments. On Monday, May 7, the House adopted the bill on 3rd Reading on a vote of 59-5-1.

Since this summary, the bill passed all three readings in the Senate, unamended.

Summaries of other featured bills can be found here.

HB 12-1359: Prohibiting the Colorado Lottery Commission from Promulgating Rules that Would Allow Internet Lotteries

On April 30, 2012, Rep. Glenn Vaad and Sen. Cheri Jahn introduced HB 12-1359 – Concerning the Prohibition of Internet Lottery. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits the Colorado lottery commission from authorizing an internet lottery in which tickets, games, or shares are sold to a person by means of the internet, telephone, or other electronic device without physical presence of the person at a licensed lottery sales agent’s place of business. On May 2, the Finance Committee amended the bill and sent it to the floor for consideration on 2nd Reading.

Since this summary, the bill passed 2nd Reading in the House but was effectively killed before the 3rd Reading.

Summaries of other featured bills can be found here.