Alicia Cohn
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Articles by Alicia Cohn
New York Judge Halts State’s Federal Agent Face Covering Ban Original
The Trump administration on Monday succeeded in temporarily halting New York from banning federal law enforcement from wearing face coverings. A federal judge in Albany preliminarily enjoined the law that took effect in June.
This Week in Chancery Court: Chewy Inc., Brookfield Settlements Original
The Delaware Chancery Court will consider this week a $29.5 million settlement to resolve a lawsuit claiming a complex restructuring of a PetSmart LLC spinoff favored private equity insiders. Here’s what to watch in court: At issue: Astellas Pharma Inc. will defend its 2018 acquisition of Potenza Therapeutics Inc. at trial against former Potenza shareholders who claim Astellas used gamesmanship to dupe them into delaying litigation over post-deal payments. Delaware Superior Court Judge Sheldon K.
This Week in Chancery Court: Corporate Law Changes Shadow Appeal
Delaware’s high court deals with a question of timing concerning the state’s 2025 corporate law changes this week, while the Delaware Chancery Court has a familiar slate with post-trial arguments over earnouts and trade secrets. A four-day trial expected to begin Monday in Wilmington in a shareholder dispute over World Wrestling Entertainment Inc.'s merger with Ultimate Fighting Championship was pre-empted by the news that the WWE has reached a settlement with shareholders.
This Week in Chancery Court: Corporate Law Changes Shadow Appeal
Delaware’s high court deals with a question of timing concerning the state’s 2025 corporate law changes this week, while the Delaware Chancery Court has a familiar slate with post-trial arguments over earnouts and trade secrets. A four-day trial expected to begin Monday in Wilmington in a shareholder dispute over World Wrestling Entertainment Inc.'s merger with Ultimate Fighting Championship was pre-empted by the news that the WWE has reached a settlement with shareholders.
Trump’s Retirement Account Push Meets Low-Income Savers’ Reality
President Donald Trump’s effort to expand retirement plan access to workers without an employer-sponsored 401(k) must overcome obstacles to getting buy-in from the people it is meant to assist. Trump’s executive order requires the Treasury Department to create by Jan. 1 a website for workers who don’t have an employer-sponsored retirement plan to access low-cost individual retirement accounts.
401(k) Advisers See Clarity for Now in Fiduciary Rule Rollbacks
Financial advisers and insurance agents are hoping a series of recent court rulings and Department of Labor actions that reduced regulatory burdens provide consistency on when giving advice on a 401(k) plan qualifies someone as a fiduciary. The question of whether one-time rollover advice establishes a fiduciary relationship has been the subject of attempted rulemaking and subsequent court challenges for more than a decade.
Gilead Fights ‘Limitless’ Liability at California High Court
is seeking to knock down a groundbreaking theory of product liability advanced by thousands of patients who argue the drugmaker had a legal obligation to keep developing an alternative HIV drug with fewer side effects. Patients who took Gilead’s tenofovir drug argue the company breached a duty of reasonable care more than two decades ago when it paused development of a less toxic treatment.
Musk, KKR Lawsuits Traded by Judges Over Conflict Concerns (1)
A Delaware judge Monday reassigned litigation over a $720 million payout to insiders, completing a swap with the judge who recently stepped away from a batch of cases targeting . Vice Chancellor Bonnie W. David responded to conflict-of-interest concerns by handing the KKR case to Chancellor Kathaleen St. J. McCormick, who recently sent the Musk lawsuits to David after he raised bias allegations.
Trump’s Retirement Expansion Rests on Treasury, Congress Actions
President ‘s push to expand retirement plan access for workers without employer-sponsored accounts shifts the spotlight onto the Treasury Department and lawmakers to turn the concept into reality and make it a long-term success. Trump on Thursday signed an order that directed Treasury to create a website by Jan. 1, 2027, that offers workers without access to an employer-sponsored retirement plan a portal featuring information about low-cost individual retirement accounts.
Arkansas Schools Blocked From Enforcing Ten Commandments Law
Six Arkansas school districts are now permanently barred from enforcing a state law requiring the Ten Commandments be displayed in elementary and secondary school classrooms and libraries, a district court ruled Monday. A group of Arkansas parents have proven that Arkansas Act 573 violates their First Amendment right under both the establishment and expression clauses, Judge Timothy L.
Real Housewives Cast Member Beats Bravo Bid to Force Arbitration
Former Real Housewives of New York cast member Leah McSweeney can keep her disability-accommodation claims in court after a federal judge ruled Bravo, NBCUniversal, and other defendants waived their right to seek arbitration. Warner Bros.
Blue Bell Board’s Scant Listeria Notes Raise Questions (1)
Blue Bell Creameries Inc. senior leaders on Friday sought to defend the flow of information within the company about ice cream production and the company’s response to sanitation or food safety concerns flagged by inspectors. Vice Chancellor Nathan A.
Minnesota Judge Threatens ICE With Contempt for Order Violations
A Minneapolis judge admonished US Immigration and Customs Enforcement for its non-compliance with over 100 court orders and threatened the use of criminal contempt. Judge tough words come just a month after he sharply criticized ICE for violating 96 court orders in 74 cases. The government challenged the previous figures, and after Schiltz’s law clerks double-checked them, they found it was 97 violations in 66 cases, Schiltz said in a supplemental order Thursday.
Trump’s ‘Independence Arch’ Plan Challenged by Vietnam Veterans
President is unlawfully planning to construct a commemorative arch near the Arlington Memorial Bridge and Arlington National Cemetery without congressional approval, a new lawsuit alleged Thursday. The president’s intended unilateral construction of the “Independence Arch” is beyond his authority and violates his duty to take care that laws are faithfully executed, a group of Vietnam War veterans and an architectural historian said in their complaint.
Kalshi Sued by Nevada After Ninth Circuit Clears the Way (1)
The Ninth Circuit cleared the way for Nevada to bring an enforcement action against Kalshi Inc.'s exchange the same day the US agency overseeing derivatives markets told the appellate court that states attempting to regulate prediction markets are undermining exclusive federal jurisdiction Nevada sued Kalshi, which speculators can use to effectively wager on the outcome of discrete events, in state court immediately after the US Court of Appeals for the Ninth Circuit issued a ruling Tuesday...
Kevin O’Leary Wins $2.8 Million in Influencer Defamation Lawsuit
Businessman and media personality Kevin O’Leary won $2.8 million in his defamation lawsuit against a crypto influencer known as Bitboy Crypto who published falsehoods claiming O’Leary is a murder and “paid millions” for a cover up.
Ex-Boyfriend Wins Tucker the Goldendoodle in Sealed Bid Auction
A precedent-setting property partition case involving a goldendoodle named Tucker has ended with a private auction between an estranged couple ordered by Delaware’s premier business court, with the ex-boyfriend being the highest bidder. The amount paid for the dog—whose breed is a mix between a poodle and a golden retriever—wasn’t disclosed in court documents.
Ex-Lottery.com SPAC CEO Pleads Guilty to Securities Fraud (1)
The former chief executive of the special purpose acquisition company that brought Lottery.com Inc. public pleaded guilty to a charge of securities fraud tied to representations made to the SPAC’s and then digital lotto company’s investors. Former SPAC Trident Acquisitions Corp. CEO Vadim Komissarov changed his plea to guilty on the securities fraud count before Judge in the US District Court for the Southern District of New York Tuesday.
Phlebotomists Land Early Win on Employee Status in Overtime Cases
A group of Michigan phlebotomists are a mobile blood collection company’s employees, not independent contractors, so federal law entitles them to overtime pay, a judge said. The workers put forth evidence that the economic reality of their relationship with Mobile Phlebotomy of Central Michigan LLC makes them employees protected under the Fair Labor Standards Act, the US District Court for the Eastern District of Michigan said Monday, granting their motion for summary judgment.
Delaware Looks to Future Without Musk as Blue Bell Trial Looms
Now that has his 2018 pay package, can Delaware move on? Next up for the Delaware Supreme Court could be a ruling in a challenge to a new state law (S.B. 21) drafted to address concerns from Musk and other high-profile tech leaders that the state’s elite business court judges were tilting rulings in favor of minority shareholders and against founders and controllers.
NFL Disability Plan Wins Appeal Axing Player’s Lawyer Fee Award
The NFL’s disability plan convinced the Fifth Circuit to invalidate a $1.8 million award of attorneys’ fees to a former running back whose post-trial victory in a benefits dispute was undone on appeal. Michael Cloud won nothing from his disability benefits lawsuit and thus didn’t achieve a level of success that would entitle him to an award of attorneys’ fees, the US Court of Appeals for the Fifth Circuit said Thursday.
DOL, Employer Spar on Authority for Overtime Exemption Rule (1)
A Labor Department rule instrumental to the agency’s $15 million victory in an overtime case is unlawful, the home-care firm subject to the verdict argued to a Sixth Circuit panel Tuesday. Americare Healthcare Services LLC is one of three home-care firms challenging the DOL’s ability to block third-party employers from taking advantage of a Fair Labor Standards Act overtime exemption for live-in services in multiple suits.
Burford’s Proposed Stake Worries Law Leaders: Litigation Finance
Happy Friday! The interest in novel ways for outside capital to come into law firms continues. I teamed up with my colleague Roy Strom for a story this week about Big Law leaders’ skepticism around Burford Capital’s plan to buy stakes in US law firms. Legal leaders worry these arrangements could breach state rules against non-lawyer ownership and others are hesitant to relinquish control even if it’s just for back-office services.
Here's where Denver ranks among fastest-growing US cities
Layoffs and economic uncertainty notwithstanding, the Denver area is expected to enjoy economic growth of 3% this year, according to new research from the Kenan Institute of Private Enterprise. The report, 2022's Fastest-Growing Cities in the U.S., ranks Denver No. 6 for economic growth in the U.S. >> Click through the slideshow above to see the top 10 metro areas for 2022 growth.
Denver hotels more affordable than 12 other major US cities, new survey says
Denver hotel rates are staying relatively affordable even as other cities' prices spike. Rates in other U.S. cities such as Austin, Texas, Cincinnati, Ohio, and Kansas City, Missouri, have blown past Denver in the past year, according to the new survey from Cheaphotels.org. The survey found the average rate for a hotel room in Denver is $193, placing it at No. 13 among the most expensive U.S. cities for hotel accommodations.
How Colorado companies can address suicide in the workplace
The workplace plays a key role in mental health and suicide prevention, according to both national and Colorado-based organizations putting increased emphasis this month on employers' role in crafting policies that support employee well-being.
Dress for Success Denver to provide job training
Got an old blazer or tie you no longer wear to work? Dress For Success Denver knows you do, especially after the pandemic changed work life dramatically. "Since the onset of the pandemic, we have quadrupled the donations that we're receiving," Amara Martin, Dress For Success Denver's executive director, told Denver Business Journal. "People working remote and people not going back to work, that's where that comes into play.
WeWork initiative targets Denver working moms
New York-based WeWork (NYSE: WE) launched an initiative for working moms on Friday that targets those in Denver with new services and a discounted membership for flexible office space. The announcement, which comes on Women's Equality Day, is part of a collaboration with Laddrr, a coalition of enterprises and institutions seeking to change company culture, policies and processes around working women.
'Contentious and adversarial': DIA report details failure of past renovation partnership
Poor project management and lack of clarity about requirements doomed Denver International Airport's early efforts at its Great Hall Project renovation, according to a new report.
The man behind Andrew Hudson's Job List talks Colorado hiring trends
Andrew Hudson, whose website Andrew Hudson's Job List has been a popular source of Colorado job postings for 25 years, says the hiring trends he's seeing right now are "a whiplash" from what he saw just a few months ago. "I don't think that there's ever been as big of a disruption in both job seeking and employment and hiring than what we faced with the pandemic," he told Denver Business Journal.
United slashes flights from Denver airport amid widespread cuts
United Airlines (Nasdaq: UAL) is preemptively cutting its fall flight schedule in an attempt to reduce delays. The Chicago-based airline cut 707 total flights in and out of Denver International Airport for September alone, representing 160,000 seats, according to data from aviation company Cirium Inc. One of the steepest cuts was to the route from DIA to San Francisco International Airport.
Denver airport retains rank as third-busiest airport in the world
Denver International Airport, the third-busiest airport in the world, expects to meet or exceed its record-setting 2019 traffic this year. "Through continued investment by our airline partners, [DIA's] passenger traffic growth remains strong as we work to return to pre-pandemic passenger levels," said airport CEO Phil Washington in a press release.
Colorado's new Behavioral Health Administration to address mental health care worker pipeline
Colorado plans to address mental health in the state in part by working with employers and improving the pipeline of mental health care workers, launching a new statewide agency to focus on its goals. On July 1, Colorado's Behavioral Health Administration formally launched. The BHA is a new state agency within Colorado's Department of Human Services and established by Colorado House Bill 22-1278 that will coordinate and address statewide behavioral health needs.
Spirit delays merger vote again in response to Frontier request
Spirit Airlines (NYSE: SAVE) has again delayed a shareholder vote on its proposed merger with Frontier Airlines after the Denver-based airline warned it is "very far" from having enough votes for approval by Spirit shareholders. The vote is now expected to take place July 27, after originally being scheduled for June 10 and moved several times. The Miramar-based ultra-low-cost carrier has been in talks with parent company Frontier Group Holdings (Nasdaq: ULCC) for months on a merger.
Condoleezza Rice joins Denver Broncos ownership group
Condoleezza Rice has signed on as part of the ownership group set to acquire the Denver Broncos. "We're pleased to welcome former Secretary of State Condoleezza Rice to our ownership group," Rob Walton announced in a statement on Monday morning. Walton, speaking on behalf of the Walton-Penner Family Ownership Group, last month entered a sales agreement with the team. The group includes Walton, his daughter Carrie Walton-Penner and his son-in-law Greg Penner, all Walmart family heirs.
Denver airport CEO Phil Washington nominated to be FAA administrator by President Biden
President Joe Biden on Wednesday nominated Phil Washington, CEO of Denver International Airport, to be the next Federal Aviation Administration administrator. Washington will face Senate confirmation hearings for the position, which is currently filled by an acting administrator, Billy Nolen.
Denver airport CEO Phil Washington nominated to be FAA administrator by President Biden
President Joe Biden on Wednesday nominated Phil Washington, CEO of Denver International Airport, to be the next Federal Aviation Administration administrator. Washington will face Senate confirmation hearings for the position, which is currently filled by an acting administrator, Billy Nolen.
Fan Expo Denver brought costumed fans downtown (Photos)
Fan Expo Denver, an annual convention known for attracting more than 100,000 attendees to downtown - many of them costumed - returned over the July 4 holiday weekend. Organizers declined to release attendance numbers for either year, but a spokesperson said ticket sales this year were "trending ahead of 2021." >> Click through the gallery above to see some of the costumed attendees at this year's convention.
Denver airport expects busy July 4 weekend
Denver International Airport expects to see nearly 1.2 million passengers traveling through the airport for the July 4 holiday weekend. That's despite sky-high airfare this summer. Among 10 U.S. airports, DIA saw one of the largest percentage increases in average domestic airfare for the summer months, jumping 116% compared to airfare in 2021 for an average of $415 for flights this summer. Steep prices don't seem to be slowing travel, which has rebounded from the pandemic lows of 2020 and 2021.
JetBlue raises offer to buy Spirit, calling Frontier offer 'inferior'
New York-based JetBlue Airways (Nasdaq: JBLU) has again increased its offer to buy Spirit Airlines (Nyse: SAVE), outbidding its rival, Denver-based Frontier Airlines (Nasdaq: ULCC). The modified offer comes days after Frontier raised its own offer to $4.13 per share and increased its reverse breakup fee by $100 million to $350 million. That fee is paid in the event the deal doesn't get approved by regulators.
Frontier raises offer in Spirit bidding war with JetBlue
Denver-based Frontier Airlines raised its offer to buy Spirit Airlines amid a bidding with JetBlue Airways and sent an open letter to shareholders urging them to vote for the merger. Frontier sweetened the cash part of its offer by $2 a share to $4.13 per share and increased the reverse break-up fee by $100 million to $350 million. That fee is paid in the event the deal doesn't get approved by regulators.
Denver will not host 2026 FIFA World Cup matches
Denver is not among the cities selected by FIFA to host the 2026 World Cup, an event expected to bring thousands of soccer fans and millions of dollars in spending to its host cities. Host cities chosen for the 2026 games are Atlanta; Boston; Dallas; Houston; Kansas City, Missouri; Los Angeles; Miami; New York/New Jersey; Philadelphia; the San Francisco Bay Area; and Seattle. In total, 17 cities were in the running as finalists.
Meow Wolf's Denver location celebrates millionth visit less than a year after opening
Meow Wolf's Denver location marked its millionth visitor on Wednesday, coming less than a year after the permanent art exhibition opened last September. The landmark visitors were two teenagers, Numan Mahamed and Mohamed Siid, according to Meow Wolf. The Santa Fe-based company celebrated the pair - known as "travelers" in the Meow Wolf world - in "theatrical" style, according to a press release. Denver's attraction, Convergence Station, is one of three Meow Wolf locations across the country.
Denver growing as life sciences hub, according to new CBRE report
CBRE ranked the Denver-Boulder area as No. 11 for life sciences research talent in a new report this week. The region falls behind mostly coastal cities such as Boston and Washington, D.C., which rank higher, and saw the number of life sciences researchers in the market grow much more than Denver-Boulder between 2015-2020. Boston saw nearly 100% growth, for example, while Washington saw a 60% increase of researchers in the market, according to the report.
Colorado restaurant chef Caroline Glover of Annette won her first James Beard award
Caroline Glover, chef at Annette, a modern American restaurant in Aurora's Stanley Marketplace, won a James Beard Foundation award on Monday night. Glover was nominated for best mountain chef. The category includes restaurants in Colorado, Idaho, Montana, Utah and Wyoming. "What I've learned the most in the past two and a half years, I mean we've known this but restaurants aren't a luxury, we're essential, and it's time for us to start being treated that way," Glover said in her acceptance speech.
Here's how Denver hotels are doing as travel rebounds from pandemic
Denver hotels are seeing a rebound from the pandemic, but recovery continues to be slow. CBRE Hotels Research last week updated its Denver Lodging Market forecast to reflect improving performance in the sector. The report predicts 63% hotel occupancy for 2022, down from 73% in 2019 and not predicted to reach pre-pandemic levels in the next two years. Additionally, $131.42 is the predicted average daily rate for 2022, down from $136.68 in 2019 but expected to exceed pre-pandemic levels next year.
Denver named top 2022 Memorial Day destination as travel returns to pre-pandemic level
AAA says Denver is a top U.S destination for travelers this Memorial Day weekend. The other cities include Orlando, Boston, New York, Las Vegas, Miami, Seattle and Honolulu, among others. Internationally, AAA booking data indicates cities including Paris, London, Cancun, Mexico and Nassau, Bahamas, are top destinations for the holiday, which is the last weekend of May.
Here's where Denver ranks among top summer budget travel destinations
If you're looking to maximize your travel dollars this summer, Denver may not be the place to be.
Denver International Airport and Icelandair celebrate 10 years of flights
Icelandair and Denver this month celebrated the 10th anniversary of the airline's direct flight to Reykjavik, the capital city of Iceland. Icelandair flew about 5,200 flights between Denver and Reykjavik between May 2012 and May 2022, according to data from aviation data company Cirium. It is the only airline that flies direct to Reykjavik from DIA.
How Colorado employers can better support the mental health of workers
Companies still recovering from the pandemic may find there's another crisis looming over workplaces related to mental health. About 67% of combined non-managers and managers said they are currently considering changing jobs "for the sake of my mental health," according to a survey by the wellness company Modern Health and conducted by Forrester Consulting in July 2021.
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