CBA Labor/Employment

Twitter account for the Colorado Bar Association Labor & Employment Law Section.

[CBA Labor/Employment @CBALaborLaw]

The 2019 Employment Law Conference has kicked off! First up is an update about the CCRD and EEOC.

[CBA Labor/Employment @CBALaborLaw]

Cannabis Industry Employees May Now Pursue FLSA Claims https://t.co/Ran9fyqXP6 @LewisBrisbois

[CBA Labor/Employment @CBALaborLaw]

Employers Face Time Crunch As New OT Rule Looms https://t.co/3UIWcZ7X87

[CBA Labor/Employment @CBALaborLaw]

Call for Speakers!! The Labor and Employment Section is looking for speakers for their lunchtime series. Right now, October and December 2019 are available. Contact Shawna Ruetz at [email protected] if interested!

[CBA Labor/Employment @CBALaborLaw]

Registration for the 2019 Employment Law Conference is now open! The conference will be held on October 3 and 4, 2019 at the Vail Marriott Mountain Resort. Click the link below to register:

https://t.co/wBvbR3NlBJ

[CBA Labor/Employment @CBALaborLaw]

Trump Labor Pick Scalia Seen As Deregulatory Force https://t.co/wAUA12S5y5

[CBA Labor/Employment @CBALaborLaw]

Alexander Acosta Steps Down As Labor Secretary Amid Epstein Controversy https://t.co/rlWLnN6O8u

[CBA Labor/Employment @CBALaborLaw]

Save the Date! The 2019 Annual Employment Law Conference will be held on October 3 and 4 at the Vail Marriott. More information to come.

[CBA Labor/Employment @CBALaborLaw]

https://t.co/9EuhiSEP3A

[CBA Labor/Employment @CBALaborLaw]

Join us TODAY for “Most Common Affirmative Defenses in OSHA Cases and Employer's Burden of Proof.” This program will focus on 2 of the most common affirmative defenses in OSHA citation proceedings.

Noon - 1:00
Brownstein Hyatt

Call 303-860-1115 x727 or email [email protected].

[CBA Labor/Employment @CBALaborLaw]

Join us 5/16 for “Most Common Affirmative Defenses in OSHA Cases and Employer's Burden of Proof.” This program will focus on 2 of the most common affirmative defenses in OSHA citation proceedings.

Noon - 1:00
Brownstein Hyatt

Call 303-860-1115 x727 or email [email protected].

[CBA Labor/Employment @CBALaborLaw]

Join us 5/29 for a Colorado Rockies Game! A picnic of ballpark food starts at 5:00, located in the Picnic Area inside of Coors Field, and the game starts at 6:40. Game seats are located in section 402, Rockpile. Tickets are $25/$40 (non section member)

RSVP [email protected]

[CBA Labor/Employment @CBALaborLaw]

https://t.co/YrskBAP8Dw

[CBA Labor/Employment @CBALaborLaw]

Don’t file a half baked motion to dismiss. It will be denied and the court will remember. It isn’t worth leaving a poor impression on the court.

[CBA Labor/Employment @CBALaborLaw]

Starting now - Judge’s Panel on Motions Drafting Presented by Honorable Wiley Daniel, Honorable Elizabeth Starrs, and Honorable Nina Wang and moderated by Matthew Cooper.

[CBA Labor/Employment @CBALaborLaw]

Final tips:
- Make it easy for the Court. CITE!
- Be clinical
- If it is highly technical, make it easy
- Use fact witnesses that know what they are talking about
- This is like a mini trial on paper (and then a hearing)- treat it as such
- Investigate before you file

[CBA Labor/Employment @CBALaborLaw]

Hearing tips continued:
- Watch your Trade Secrets - make sure documents are under seal
- Be Professional
- Make it Easy

[CBA Labor/Employment @CBALaborLaw]

The Hearing -Tips:
- Always go back to your brief
- Understand the Court’s Rules - how many binders? What about witness and exhibit list exchanges?
- Be consistent - if your story is not consistent, you lose. This means be consistent with your briefing

[CBA Labor/Employment @CBALaborLaw]

The Reply (if you get one):
- Reinforce your arguments
- Distinguish cases
- Is the imminent and immediate harm growing or becoming more of a problem?
- Be consistent - your story is your story and you are now officially stuck with it UNLESS something has changed since you filed.

[CBA Labor/Employment @CBALaborLaw]

The Response structure:
- Intro-highlight the very tough nature of PI relief
- Facts -Focus on why not a trade secret or not immediate/imminent harm
- Standard of Review (Preliminary injunction standard, Trade Secret standard, Application of the two)
- Analysis
- Conclusion