Holland & Hart News

Cory Voorhis Acquitted of Improper Data Use

Cory Voorhis, the ICE agent accused of improperly using a restricted federal database to aid Bob Beauprez's 2006 campaign for governor, was acquitted yesterday after a seven day trial and a two and half hour jury deliberation.  Voorhis was represented by Holland & Hart's Bill Taylor and Danielle Voorhees.  Read the Denver Post story or watch the coverage on Fox 31. 

Joe Teig comments on Liability Issues in Casper Star

"Joe Teig, a partner with the Holland and Hart law firm, said Wyoming's lawmakers repealed the joint and several liability statutes because they agreed that it is not fair make a party pay 100 percent of damages if they are only partially to blame for the accident.

"Prior to 1986, if one defendant could be found in any amount of fault, they could be forced to pay all of the damages. Then they'd have to sue all the other parties (who shared some degree of fault) to get back the share they didn't cause," said Teig."

Read the Casper Star Article on "Fixing Workers Comp".

Email Usage in Unionized Settings

The National Labor Relations Board (“NLRB”) has been criticized recently for its rulings and interpretations of the National Labor Relations Act (“NLRA”) that, some believe, demonstrate an increasingly pro-employer bias. The perceived pro-employer bias of the NLRB is seen by some as inconsistent with the NLRB’s charge to independently interpret and enforce the provisions of the NLRA and investigate and remedy unfair labor practices of private employers, which may involve union related situations or instances of protected concerted activity. 

Read the rest of the article by Steve Guiterrez here (source:  DRI)

Colorado Oil and Gas Conservation Commission House Bills 1298 & 1341

Update on the Colorado Oil and Gas Conservation
Commission House Bills 1298 & 1341 Rulemaking

This brief summary is to provide you with  an update on the current House Bills 1298 and 1341 rulemaking process at the Colorado Oil and Gas Conservation Commission (the "COGCC").   

Since the release of the Pre-Draft Rulemaking Proposal (also referred to as COGCC's "strawman" proposal), COGCC has held a series of “stakeholder” meetings in five substantive areas: (1) Process; (2) Environment and Health; (3) Wildlife; (4) Studies; and (5) Additional Regulations.  These stakeholder meetings brought together representatives of federal, state and local governments, industry, concerned citizens and environmental groups to discuss problems, issues and suggestions raised by the strawman proposal.  The stakeholder meeting process has largely concluded, and the COGCC is now in the process of drafting proposed rules.   Stakeholders have expressed very mixed reviews and reactions to the stakeholder process, and many contentious policy and legal issues remain unresolved and unaddressed.

Read the rest of the article here. 

News Update on Carbon Sequestration Legislation

Wyoming Leads Nation with Clean Coal Legislation: State First to Establish Carbon-Capture Regulatory Framework
By Delissa Hayano
March 6, 2008

On March 4, 2008, Wyoming Governor Dave Freudenthal signed into law two bills intended to resolve ownership and regulation issues associated with the underground storage of carbon dioxide. With the Governor’s signature, Wyoming became the first state to enact comprehensive carbon sequestration legislation establishing a legal framework for underground storage of carbon dioxide and other emissions from coal-fired power plants.

House Bill 89 addresses the ownership of “Pore Space,” which is the space in subsurface geologic formations that can be used as storage space for carbon dioxide or other substances. The bill establishes that Pore Space underneath the surface estate is owned by the surface owner. The bill allows that the Pore Space is conveyed upon the conveyance of the surface, unless the space has been previously conveyed or is explicitly excluded in the surface conveyance. The bill states explicitly that it does not affect the common law regarding the dominance of the mineral estate.

House Bill 90 rests regulation of Wyoming’s carbon sequestration program with the Department of Environmental Quality (DEQ). The bill requires the DEQ to create an advisory board and rules to expand the Underground Injection Control program to include carbon sequestration. Under the bill, a working group including the supervisor of the oil and gas commission, the state geologist, and the director of the DEQ will set bonding procedures. Jurisdiction over the subsequent extraction of sequestered carbon dioxide rests with the Wyoming Oil and Gas Conservation Commission. The bill does not impact the oil and other mineral interest owners’ right to drill or bore through sequestration sites, nor does it include within its scope the regulation of enhanced oil recovery operations using carbon dioxide.

The laws take effect July 1, 2008, and are a component of Wyoming’s efforts to lead the nation in developing new clean coal technologies. Other components of this effort include a legislative committee’s proposal to study clean coal incentives during the interim between the 2008 and 2009 legislative sessions and the recently announced $100 million coal research plant to be developed by General Electric in partnership with the University of Wyoming.

Dr. Paul Kyed Speaks on Integrity at Mines

Holland & Hart litigator, Dr. Paul Kyed, recently spoke on how to be an expert witness at his alma matter, the Colorado School of Mines.   According to the School's web site, Kyed advised,

"Never compromise your integrity." He said it once, he repeated himself, and then he said it again.

"Never compromise your integrity." Dr. Paul Kyed spoke for the weekly Materials Research Seminar in Hill Hall last Thursday afternoon. A 1989 graduate of Colorado School of Mines' MME department with a masters degree from Standford, Kyed returned to CSM for his Ph.D. in MME; he is now a professional engineer turned lawyer.

Kyed attended law school at the University of Denver, served a year-long clerkship with Colorado Supreme Court Justice Nathan Coats and is now part of one of the largest firms in the western United States - Holland and Hart."

Read the article here.

Chris Thorne Comments on Colorado Water Law

Chris Thorne, Chair of Holland & Hart's Water Law Group, participated in a recent hearing sponsored by the Colorado Supreme Court, on possible reforms to the Colorado Water laws and regulations.  Read the article in the Pueblo Chieftain. 

Three Holland & Hart Attorneys to Speak at Rocky Mountain Mineral Law Foundation Conference

The Rocky Mountain Mineral Law Foundation Annual Conference will be held in Snowmass Colorado from July 17 - 19, 2008.  It is the largest legal conference focusing on energy development and resource development in the mountain west.  Holland & Hart's John Clark and Melissa Meirink will be presenting a paper on Historic Preservation, Tribal Consultation and the risks that this process may present to permitting energy projects.  Jeff Becker will be presenting the Mining and Public Land Law update.   Read more about the RMMLF Conference in their brochure. 

Holland & Hart Launches ColoradoConstructionLaw.com

Holland & Hart's Tim Gordon is the firm's latest blogger, launching http://www.coloradoconstructionlaw.com/  last month.  The new blog will provide commentary on recent construction law court decisions in the state, as well as other jurisdictions affecting construction and building industries in the west.   Holland & Hart attorneys now author six industry-related blogs. 

Jim Hartley Admitted to American College of Trial Lawyers

Holland & Hart partner James Hartley has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.

Hartley chairs Holland & Hart's 175-member Litigation Department and leads the firm's Antitrust practice. He has practiced with Holland & Hart in Denver as a trial lawyer since 1974. In that time, he has focused his practice on antitrust and patent infringement litigation. He is recognized as a leader in his field by Best Lawyers in America, Chambers USA, and Colorado Super Lawyers.

Smoking On-Stage may go to Supreme Court

Should Colorado's smoking ban extend to on-stage performances where smoking is a central activity in play?  That is what a Colorado appellate court ruled on last week.  Curious Theater and several other Denver theaters appealed Colorado's public indoor smoking ban, seeking an exemption for theatrical performances.  Read the Denver Post Story, quoting Holland & Hart's Bruce Jones on the case. 

Jennifer Weddle Chairs Indian Law Conference

Jennifer Weddle, an attorney in Holland & Hart's Indian Law Practice, is chairing the 33rd Indian Law Conference in Albuquerque, New Mexico this week. The annual event is expected to draw hundreds of lawyers who practice Indian Law, as well as scores of tribal leaders, government officials and academics.  The conference includes presentations on issues ranging from tribal law, economic development, energy and Indian identity.  For more information, read the Conference Brochure.

Cliff Stricklin Joins Holland & Hart

Cliff Stricklin, the U.S. Department of Justice attorney who won convictions of Enron executives Ken Lay and Jeff Skilling and former Qwest CEO Joseph Nacchio, will join the Rocky Mountain regional law firm of Holland & Hart on April 1, 2008.

With nearly 20 years experience, Stricklin is currently the First Assistant U.S. Attorney for the District of Colorado, appointed by U.S. Attorney Troy Eid. In this role, Stricklin led the prosecution team that convicted Nacchio on insider trading charges. Previously, he served as one of four attorneys on the Enron Task Force who presented evidence in the fraud and conspiracy trial against Lay and Skilling. He was also the co-lead prosecutor in the securities and accounting fraud case against five Enron Broadband executives. Prior to the Task Force, Stricklin served as a state district judge in Dallas, Texas, and presided over hundreds of felony criminal cases. All of his decisions were affirmed at the appellate level. At the start of his legal career, Stricklin was Assistant U.S. Attorney with the Eastern District of Texas and handled complex public corruption and white collar cases.

As a partner in Holland & Hart's Denver office, Stricklin will focus his practice on business disputes, white collar defense, and securities litigation. He will be a member of the firm's White Collar Defense practice group.

"Holland & Hart has long been known for our excellent trial lawyers, so we are excited to add an attorney of Cliff Stricklin's reputation and skill to our trial team. Cliff prosecuted and tried some of the largest, most significant trials in our nation's recent history. He will bring skills and experiences that are unmatched in the Rocky Mountain West to serve our client's legal needs," Holland & Hart Chairman John Husband said.

Related Story links

- Rocky Mountain News, Feb 6, 2008

- Denver Post, Feb 6, 2008

- Denver Business Journal, Feb 6, 2008

- Profile of Cliff Stricklin, Denver Post, 3/12/2007

-  Story on Cliff Stricklin, Denver Business Journal, 10/19/2007

- Firm Press Release

Historic Preservation and Energy Transmission Law Conference

Jack Palma and John Clark are Co-Chairs of the first conference to focus on "Historic Preservation and Energy Transmission Projects", put on by CLE International.   The conference will features many speakers from BLM, FERC, Council of Energy Resource Tribes, Colorado Historical Society, and experts on historic preservation and energy law.  Click here for the brochure. 

Tarpey Appointed to Colorado PUC

Jim Tarpey, an alumnus of Holland & Hart, has been appointed by Governor Ritter to the Public Utilities Commission in Colorado.  Tarpey has been practicing energy law at Holland & Hart until the appointment.  Read the story in the Denver Post here, as well as an interview with Tarpey here. 

Federal Government Proposes New Green Building Requirements

The Office of Federal Procurement Policy (OFPP) has issued a proposed policy letter increasing green building requirements in federal contracts. The proposed letter provides guidance on green purchasing policies and strategies and requires agencies to give preference to the acquisition of green products and services. The policy letter seeks to encourage all new federal buildings to be life-cycle cost effective and to incorporate sustainable design practices.

The letter seeks to require agencies to implement the five Guiding Principles for High Performance and Sustainable Buildings (www.wbdg.org): (1) employing integrated design; (2) optimizing energy performance; (3) protecting and conserving water; (4) enhancing indoor environmental quality; and (5) reducing the environmental impact of materials. Further, the proposed letter requires all new buildings to be 30 percent more energy efficient than the ASHREA Standard for non-residential buildings. The procurement policies established by the letter are to be fully reflected in the Federal Acquisition Regulations.

The letter requires each federal agency to develop and implement a green purchasing plan that, among other things, requires flow down of green product preference to contractors and subcontractors and addresses past performance evaluation of contractor's adherence to green components/sustainable aspects of contracts.

The public comment period on the policy letter expires on February 26, 2008. For the full text of the proposed policy letter, click here.

The Holland & Hart office in Washington, DC is available to assist you in preparing and submitting any comments to the proposed policy letter.  If you have any questions or desire additional information, please contact Charles Lucy or any other member of our Construction Group or Sustainable Business Group.

Holland & Hart Attorneys Speak on Climate Change

Jim Holtkamp, Sandy Snodgrass and Murray Feldman will speak at the Resource Development and Climate Change Conference sponsored by the Rocky Mountain Mineral Law Foundation.   All three are part of the firm's Climate Change Practice Group.  Holtkamp, an internationally renown attorney in climate change law, will speak on, "The Relevance of Climate Change to Resource Professionals".  Snodgrass and Feldman will speak on "Consideration of Climate Change in NEPA and EPA Processes"  For more information on the conference, read the brochure. 

Carrigan wins Davis Award

Holland & Hart partner Michael Carrigan received the 2007 Richard Marden Davis award at a dinner in his honor last night. This award is presented annually by Davis Graham & Stubbs, the Denver Bar Foundation, and the Davis family to a Denver lawyer under the age of 40 who has combined excellence as a lawyer with civic, cultural, educational, and charitable leadership.

Dick Davis’s family and law firm, Davis Graham & Stubbs, established this award in his memory in 1992 to honor Dick’s belief that great lawyers should be professional and community leaders as well. For nearly 50 years, Dick Davis devoted himself tirelessly to the profession and the community.  Read the press release.

John Husband Named Chair of Management Committee

The partners of Holland & Hart llp have elected John Husband as the Chairman of the Management Committee.  Husband succeeds Paul Phillips, who served as Chair since 2004.

An attorney in Holland & Hart's Denver office since 1978, Husband is a nationally-recognized and honored labor and employment attorney and Fellow of the College of Labor and Employment Lawyers. Husband has been named among the Best Lawyers in America and Colorado Super Lawyers. He was also named in Denver Business Journal's Best of the Bar.    As you scroll through his lengthy bio, don't miss the note at the very end.  Not only is he an accomplished attorney - he also played for Ohio State University in the Rose Bowl (1974- under the great Woody Hayes)!

Read the press release here.

FBI Investigates Subprime Mortgage Crisis

Yesterday the Federal Bureau of Investigation announced a major nationwide investigation into business practices related to the subprime mortgage crisis.  The FBI announced that its investigation would also involve the Securities and Exchange Commission, which already has an ongoing investigation.  While the FBI announced that it was targeting 14 companies in its investigation, the effect of the investigation could be much broader and will include both civil and criminal cases. 

"It is likely that many businesses could receive subpoenas and other requests for information, all of which should be carefully handled" said Michael Carrigan, a partner in Holland & Hart's Securities and White Collar Practice Group.  "In investigations like these, the fingers start pointing in all directions and companies have to be careful," added Carrigan, whose practice includes representing mortgage lenders who have been the victims of fraud.  Trip Mackintosh, who represented a key executive from Enron Broadband agreed, "This growing scandal has many similarities to S&L debacle of the 1980s and the accounting scandals a few years ago.  It will have consequences for years to come."

The investigation is likely to go well beyond just lenders and investors and could involve homebuilders, appraisers and real estate agents as well. 

Holland & Hart has one of the largest and most diverse business investigations practices in the Western United States, with a large number of former state and federal prosecutors who advise businesses on all aspects of compliance and law enforcement investigations.

Carole Warnick Named to Worth's Top 100 Attorneys

Holland & Hart LLP Partner Carol Warnick is one of this year's "Top 100 Attorneys" according to the list in Worth magazine's December issue, on newsstands today. The list focuses on attorneys practicing in trust and estates, philanthropy, elder care, matrimonial, and other private client practice areas across the United States.

Warnick concentrates her practice on estate and wealth transfer planning and administration, including values-based estate planning. Her clients include executives, owners of closely-held businesses, and families of significant wealth. She also advises and represents fiduciaries in trust administration litigation and mediation. She is a fellow of the American College of Trust and Estate Counsel, past president of the Rocky Mountain Estate Planning Council, and has been selected for publication in Best Lawyers in America. She actively practices in Colorado, Utah, and Wyoming.

To develop the list of top attorneys, Worth's staff searched for individuals with exceptional legal experience as well as lawyers with great tact, discretion, and interpersonal skills, enabling them to explain a client's options in the face of incredibly complicated legal and psychosocial issues. 

Worth is the only magazine devoted exclusively to the best interests and unique challenges of readers who possess substantial wealth. Its mission is to provide crucial financial intelligence to a readership whose personal wealth has prompted a singular focus on issues related to wealth preservation, management, and transference.