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“Not-So-Green-Roofs” in Denver

Energy & Natural Resources
10/30/2018 - By: Dieter Raemdonck

In 2017, voters in Denver approved the so-called “Green Roofs” initiative, which called for buildings over 25,000 ft. sq. to dedicate a certain portion (between 20% and 60% depending on building size) of the rooftop to green space. However, just yesterday the Denver City Council unanimously voted to repeal and replace the green roof requirement …

The Buzz About Utility Scale Solar

Energy & Natural Resources
10/15/2018 - By: Thomas Dougherty

There’s a new “buzz” in the solar energy industry and it has nothing to do with declining solar energy prices, the efficiency of solar panels, or tax credits.  The “buzz” is about bees and other pollinators.  A report from Argonne National Laboratory earlier this year highlighted the potentially beneficial relationship between utility-scale solar energy (“USSE”) facilities …

Are Photographs of Utilitarian Objects Copyrightable?

Intellectual Property
10/08/2018 - By: John Carson

Pohl v. MH Sub I, LLC d/b/a Officite (N.D.Fla., June 20, 2018) U.S. District Judge Mark Walker of the Northern District of Florida determined that no reasonable jury could find that a plaintiff-dentist’s before-and-after photos of his patient’s teeth are sufficiently creative or original to warrant copyright protection. On summary judgment, the court acknowledged that …

Category: Copyright

Federal Trade Commission Workshop on Online Event Ticket Sales

Commercial Gaming
10/08/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

Online event ticket sales have been a common topic of complaints filed with the Federal Trade Commission so much so that the Commission has announced it will hold a public workshop on March 27, 2019.  The Release states, “Issues that frequently arise in connection with online event ticket sales include practices that prevent consumers from …

Social Trivia Offerings Go Viral Amplifying the Importance of Compliance

Commercial Gaming
10/08/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

HQ Trivia has taken the country by storm. HQ Trivia is an app and trivia game, released in  August 2017 on iOS and later for Android in December 2017. The app has seen viral success by successfully turning Jeopardy! into a live smartphone game show. Now, HQ is coming out with a new show format: HQ Words, …

FCC Announces Launch of National Lifeline Eligibility Verifier

Energy & Natural Resources
10/05/2018 - By: Jeffrey Albright

On October 2, 2018, the Federal Communications Commission released Public Notice DA-18-1009 announcing the launch of the National Lifeline Eligibility Verifier in Six States:   Colorado, Mississippi, Montana, New Mexico, Utah and Wyoming.   Starting on November 2, 2018, Eligible Telecommunications Carriers (ETCs) in these six states will be required to use the National Verifier System to …

Social Gaming Scrutiny by Global Gaming Regulators

Commercial Gaming
10/05/2018 - By: Karl Rutledge

An open letter signed by 16 international gambling regulators, which includes the Washington State Gambling Commission, stated they are “increasingly concerned with the risks being posed by the blurring of lines between gambling and other forms of digital entertainment.” The regulators intend to analyze characteristics of social gaming and video games and, in the letter, …

Governor Brown Signs Renewable Energy Initiative SB100

Energy & Natural Resources
09/10/2018 - By: Stanley Lutz

Governor Brown just signed a renewable energy initiative passed by the California legislature and known as SB100 that sets a goal of phasing out fossil fuels from the state’s energy portfolio by 2045.  That initiative requires California’s utilities to utilize specific renewable resources to generate 60 percent of their portfolio by 2030, 10 percent higher …

New Mexico Public Regulation Commission Denies SunZia’s Proposed $2 Billion High-voltage Transmission Project

Energy & Natural Resources
09/06/2018 - By: Jeffrey Albright

On September 5, 2018, by a 4-0 vote, the New Mexico Public Regulation Commission denied SunZia’s proposed $2 billion high-voltage transmission project through seven counties in southern New Mexico.  The Commission relied heavily on the hearing examiner’s recommended decision which found that the location and route for the transmission line lacked sufficient specificity and did …

Is Colorado the Next Front in the PURPA Wars?

Energy & Natural Resources
09/04/2018 - By: Thomas Dougherty

In 1978, the Public Utility Regulatory Policies Act (PURPA) was signed into law with the overall goals of promoting energy conservation and encouraging the development of domestic renewable energy resources.  Among other mechanisms, PURPA sought to accomplish these goals through the recognition of a new class of generating facilities – Qualifying Facilities (QF).  In general, …

Apple Takes Tougher Stance on Gambling Apps

Commercial Gaming
08/14/2018 - By: Karl Rutledge

Interesting story regarding Apple’s crackdown on gambling-related apps: Click here to read the story. As noted in the article, the ban appears to be, at least initially, a result of Norway requesting that Apple ban all gambling apps from its app store in that country. If you have questions regarding this or need legal assistance in …

U.S. Credit Cards Hedging on Sports Betting

Commercial Gaming
08/10/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

Months after the momentous U.S. Supreme Court decision permitting states to regulate sports betting, and the subsequent introduction of sports betting in several states (including DraftKings’ launch of the first mobile sports betting app in New Jersey) the focus now shifts to if and how U.S. credit card issuers will help fund such activities. Currently, …

Alternative Energy Production Leads to Unexpected Consequences

Energy & Natural Resources
08/08/2018 - By: Jeffrey Albright

As wind and solar energy becomes more economical and states pass legislation requiring energy producing companies to have greater percentages of renewable energy as part of their portfolios, unexpected consequences are occurring.  In an article by Bloomberg LP on August 7, 2018, recent data shows that the amount of electricity being generated exceeds demand during …

States Team Up to Support and Protect the Outdoors and the $900 Billion Industry It Creates

Sports & Outdoor Recreation
08/02/2018 - By: Dieter Raemdonck

Last week, Colorado and seven other states (Montana, North Carolina, Oregon, Utah, Vermont, Washington, and Wyoming)  signed the “Confluence Accords” – a treaty of sorts that commits the signors to various efforts to grow the outdoor recreation economy. The agreement dictates that the states adopt common principles aimed at: public education and promotion of the …

GDPR Aftermath: The Effect of the EU’s Data Protection Regulation on UDRP and Related Proceedings

Intellectual Property
08/01/2018 - By: Gary Nelson, Sami Schilly

On May 25, 2018, the General Data Protection Regulation (GDPR) took full effect across the countries of the European Union, with unknown (and highly anticipated) effects on UDRP and related proceedings. In the days leading up to May 25, 2018, many trademark owners prepared and filed UDRP complaints for most, if not all, troublesome domain …

Blockchain: What is it and can I protect it via patents?

Intellectual Property
07/31/2018 - By: Josephine Chang

What is Blockchain? Blockchain technology, some might argue, is the most important technological innovation since the Internet. Those impacted by this technology are not only companies, but also everyday people. Thus, everyone should try to have a basic understanding of what blockchain is, and how one might benefit from it. The inventor of the blockchain …

Partner and Chair of Commercial Gaming Group, Karl Rutledge, Participates in Roundtable Discussion

Commercial Gaming
06/15/2018 - By: Karl Rutledge

On January 17, 2018, Partner and Chair of Lewis Roca Rothgerber Christie’s Commercial Gaming group, Karl Rutledge,  along with other leaders in the gaming industry, participated in a roundtable discussion hosted by Gaming Law Review which explored the important debate relative to the concepts of skill and chance. To read the full transcript of the …

Nevada State Bar Appoints Lewis Roca Rothgerber Christie Attorney as Member of Executive Committee, Gaming Law Section

Commercial Gaming
06/14/2018 - By: Karl Rutledge

Lewis Roca Rothgerber Christie has announced Karl Rutledge, a partner in the firm’s Las Vegas office and chair of the firm’s gaming industry practice, has been elected as a member of the Executive Committee of the Gaming Law Section for the Nevada State Bar. “Karl is a leader in the field of gaming and administrative …

PTAB Proposal on Claim Construction Would Align with Federal Courts, ITC

Intellectual Property
05/30/2018 - By: Lauren Schneider

In the aftermath of the Oil States and SAS Supreme Court decisions, the PTO’s proposal to adopt the Phillips standard for claim construction brings a small measure of relief for universities and research institutions.  The “broadest reasonable interpretation” claim construction standard currently used by the PTAB in deciding IPRs may open the instituted claims to challenge by a larger body of …

SAS Decision Could Have Chilling Effect on University Licensing

Intellectual Property
05/25/2018 - By: Lauren Schneider

The Supreme Court’s decision in SAS Institute v. Iancu represents yet another blow to patent owners, but is an especially troublesome complication for universities and research institutions trying to generate licensing revenue. As obtaining a decision of invalidity may be easier in an inter partes review (IPR) in front of the Patent Trial and Appeal Board (PTAB) than …

New Appeals Process for Challenging Administrative Decisions Made by State Agencies in Arizona

Energy & Natural Resources
05/24/2018 - By: Marla Hudgens

On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238. The Bill clarifies the appellate landscape for individuals and businesses challenging administrative decisions made by state agencies. In our blog post from May 7, 2017, we foreshadowed the legislation: To recap, under federal law, if a statute or statutory term is …

Colorado Energy and Utilities Legislation

Energy & Natural Resources

Winners and Losers in the 2018 Colorado General Assembly The warm weather has returned, spring sports are in full swing, and the Colorado General Assembly has adjourned for 2018. That means it’s time to take a look at the scorecard and review the energy and utilities related issues that won and lost this legislative season. …

EPA Seeks Overhaul of Ozone NAAQS

Energy & Natural Resources
05/16/2018 - By: Dietrich Hoefner

EPA Administrator Scott Pruitt issued a memorandum on May 9th that directs the agency’s staff to begin a five-year review of the National Ambient Air Quality Standards (NAAQS) for Ozone. The Clean Air Act (CAA) requires EPA to periodically review the NAAQS, including both primary and secondary standards, for criteria air pollutants such as ozone …


Commercial Gaming
05/15/2018 - By: Karl Rutledge

Early Monday morning, the United States Supreme Court ended a nearly six-year-long legal battle regarding the constitutionality of the Professional and Amateur Sports Protection Act (“PASPA”). In doing so, the Court held that PASPA violated the 10th Amendment’s “anti-commandeering” principle, which provides that if the Constitution does not give power to the federal government or …

Court of Appeals Confirms that Arizona Constitution Authorizes Arizona Corporation Commission to Determine Energy Rates

Energy & Natural Resources
05/11/2018 - By: Gregory Harris

Court of Appeals Confirms that Arizona Constitution Authorizes Arizona Corporation Commission to Determine Energy Rates The Arizona Constitution requires that the Arizona Corporation Commission (“Commission”) approve just and reasonable rates, the determination of which is to be evaluated by the Commission. In Freeport Minerals Corporation v. Arizona Corporation Commission, the Court of Appeals upheld rates …

53rd Arizona Legislature – Highlights

Energy & Natural Resources
05/07/2018 - By: Gregory Harris

Early on the morning of May 4, the Arizona Legislature adjourned the Second Regular Session of the 53rd Legislature. No discussion of the work of the recently completed session would be complete without addressing education, education funding and engagement by virtually the entire legislative community.  The Chamber of Commerce, the Governor, the movement, the Legislature, all …

Changes Proposed to Research and Data Used by EPA

Energy & Natural Resources
05/03/2018 - By: Carla Consoli

As recently reported in a number of news outlets, Environmental Protection Agency (EPA) Administrator Scott Pruitt has proposed a rule within the EPA that would require the Agency to use research that is publicly available in promulgating new rules alleged to be “scientifically-based.”  This could be an important change to every company over which EPA …

The Value of Goodwill in Trademarks

Intellectual Property
05/03/2018 - By: Emily Bayton

Consumers use brands to make choices, demonstrate loyalty and determine value. A brand’s ultimate goal, from a company perspective, is to accelerate growth and generate value (i.e., goodwill). But what is “goodwill” as it relates to trademarks – how is it tied to trademark selection and does it affect licensing, acquisitions and litigation? Intellectual Property …

Climbing Wall Industry Reaching New Heights Ahead of Annual Summit

Sports & Outdoor Recreation
04/30/2018 - By: Marla Hudgens

The annual Climbing Wall Association (“CWA”) Summit in Loveland, Colorado, kicks off the week of May 14, 2018, with pre-conferences leading up to the premier trade show for the indoor climbing industry on May 17-18th. This show will unlock endless opportunities for indoor rock climbing gyms, product manufacturers, recreation centers and other industry players to …

Arizona Water Permitting Process Updated

Energy & Natural Resources
04/27/2018 - By: Stanley Lutz

Governor Ducey recently signed two bills passed by the Arizona legislature dealing with water quality programs. The first, SB1494 requires the Arizona Department of Environmental Quality (ADEQ) to establish an Underground Injection Control (UIC) Permit program. In doing so, the State will assume primacy for UIC permitting under the Safe Drinking Water Act. The ADEQ attempted …