July 19, 2019

Private Equity Emerging from Deep Freeze

By many accounts, equity and debt markets that have been frozen since 2008 are beginning to thaw. The private equity deals may not look like they once did, but they are helping to drive the investment markets once again, which means our annual Private Equity Conference on January 21, 2011, is well-timed.

In its third year, the conference will be led by moderators in four sessions. We managed to spend some time with each moderator over the last month to get a preview of 2011 holds for lawyers who handle private equity deals.

2011 State of the Market: How Things Changed in 2010 and an Early Outlook on the New Year
Moderated by: Adam J. Agron, Brownstein Hyatt Farber Shreck, LLP

Funds Old & New: How Old Funds Are Adapting to a Changed Outlook and New Funds Are Being Raised and Structured
Moderated by: Ryan Arney, Davis Graham & Stubbs, LLP

Getting Deals Done: Overcoming Friction and Getting to the Closing Table
Moderated by: Hendrik Jordaan, Morrison & Foerster, LLP

Managing Portfolio Companies: Management Expertise and Sponsor Value
Moderated by: Nathaniel G. Ford, Perkins Coie, LLP

Video: Campaign Finance and SB 203: “Is this genie out of the bottle now?”

Leave it to the U.S. Supreme Court to make campaign finance law “hot.” Today it was just that during a lunchtime panel in our classroom, which included Senator Morgan Carroll, Secretary Bernie Buescher, Scott Gessler, Martha Tierney and Richard Westfall. In 90 minutes, the panel discussed the intent, implementation and implications of SB 203, Colorado’s response to the Citizens United case that came out earlier this year.

Richard Westfall
, video excerpt below, spoke last and used some of his time to make general observations about what we heard from the panel.

He complimented the bill’s sponsor, Senator Carroll, noting that she has a ““very deep understanding of the nuances… of campaign finance law.”

He also pointed out that the panel might be able to boast at least one “first,” referring to the joint appearance of Secretary Buescher and Scott Gessler, who are both vying for the Secretary of State position in this year’s election:

I don’t recall ever, in my couple of decades of being involved in the political process, ever being on a panel where two candidates for the same office spoke—and spoke eloquently. With, again, deep understanding and deep sensitivity to what they’re doing. I think this is a first in Colorado history…
And, finally, he laid out the debate we watched, which he characterized as a “very deep substantive debate on, ‘Is this genie out of the bottle now?,'” or, more specifically, a debate over:
[w]hether or not political parties—like this Logan County filing that supposedly we have—can also create a separate, standalone Independent Expenditure Committee and get out from underneath the…  “source and contribution limits.”… And say, this is a separately regulated thing, and it’s called an Independent Expenditure Committee, and all these regulations that relate to political parties, including limitations on corporate contributions—they don’t apply anymore.
This program will soon be available by  MP3 and online video.
Watch more below:

Audio: Immigration Proceedings for Non-Immigration Practitioners

We recently hosted an Immigration Law program here in our classroom. Among the topics was this gem, presented by local lawyer Jeff Joseph, on immigration issues for non-immigration practitioners, which covers:

  • The Players: The Various Agencies Involved
  • The Notice to Appear:  The Charging Document for Immigration Court
  • The Rules of Civil Procedure and Evidence:  Do they Apply?
  • Where to Sit.  Where to Stand:  Basics of Immigration Court Procedure
  • Jurisdiction of the Immigration Court and Setting the Record for Circuit Court Appeal
To download the file, right click here and save the file to a directory on your computer that you use for audio files. Or just click to listen,

The full-day program covered basic and hot topics, including Asylum 101; Breaking Down the World of Business Immigration; Exploring Family-Based Immigration; Special Visas for Immigrant Children, Immigrant Crime Victims and Immigrant Victims of Human Trafficking;  and Deportation Defense. It is currently available in the following formats: MP3, Audio CD, or Online Video.

CLE: "Waiting to Exhale: Managing Medical Marijuana in the Workplace"

Noon was the time and CBA-CLE’s Classroom was the place for a one-hour seminar on the year’s hottest legal topic: legalized medical marijuana. Simultaneously webcast to off-site “attendees,” “Waiting to Exhale: Managing Medical Marijuana in the Workplace” focused on the myriad considerations employers must now undertake in response to the rapid growth of medical marijuana clinics in Colorado.

(Click here for the mp3 program download.)

Local employment law experts Chuck Passaglia and Kimberlie Ryan headed the panel, addressing questions such as:

  • How does lawful use of marijuana affect drug-testing programs?
  • Do employers have to accommodate medical marijuana use — on or off the job?
  • What are the rights, if any, of medical marijuana users?
  • What can an employer do to safeguard its workplace?
  • Have any courts ruled on this matter?

Medical-use marijuana was legalized in Colorado in 2000, but no employment-related cases have yet faced state courts. Passaglia and Ryan discussed the ramifications of federal, California, Oregon, and Washington court challenges, as well as the complicated interplay of state and federal laws that Colorado courts eventually will face.

Chemical compounds in marjijuana have proven, medical application in treating glaucoma, inducing hunger in AIDS patients, counteracting nausea caused by chemotherapy, and relieving chronic pain. The former drug of choice of the 1960s counterculture movement is approved for medicinal use in 14 states, with more than a dozen others considering similar legislation.

Passaglia, an employment lawyer and entertaining lecturer on workplace compliance matters, covers the full spectrum of issues raised by lawful use of medical marijuana. Ryan dedicates her practice as Special Counsel to King & Greisen to defending the rights of workers and advocating for their just treatment.

Stay tuned to CBA-CLE Legal Connection for more developments on the impact of legalized medical marijuana as they happen.

Podcast: Risk Management and Ethical Advice

Each year, we host several day-long programs on preventing legal malpractice. This year, Gawain Charlton-Perrin, a Risk Control Consultant Attorney with CNA Global Specialty Lines, presented on Risk Management and Ethical Advice. It was so popular, we thought we’d share it.

If you’re interested in the full program, it is available for purchase on our website as an MP3, video and CD.

You can download this session here.

Video: Bernie Buescher on Effect of Citizens United

During the Citizens United panel presentation we recently held in our classroom, we had a surprise visit from Colorado Secretary of State Bernie Buescher (video below). If you missed the program, you can order it now on-demand or as an MP3 download.