CU to host upcoming symposium, "Los Seis de Boulder, Race, and Memory".
Event date: Nov 5-6. Click here for more information.
Hutchinson Black and Cook Announces Retirement of Baine Kerr
September 30, 2021. Attorney Baine Kerr retired from Hutchinson Black and Cook (HBC), LLC in June of 2021 after 42 years with the firm.
Baine focused on civil litigation for plaintiffs during his years at the firm. In that time, he won record-breaking awards and settlements for his clients, establishing landmark decisions that led to national reforms. His practice emphasized civil rights and medical malpractice cases, especially for delayed diagnosis of breast cancer. He was named Best Lawyers® 2021 Medical Malpractice Law Plaintiff's "Lawyer of the Year". Baine was known nationally for civil rights claims for abused children and sexual assault victims, equal pay and Title IX retaliation and discrimination cases, including precedent-setting college football rape cases at the University of Colorado, Arizona State University, Florida State University, and other institutions. He spoke frequently at Harvard Law School and elsewhere about civil rights litigation under Title IX.
“There are few lawyers that have left their mark in their fields of practice as much as Baine,” said John Clune, Member, Hutchinson Black and Cook LLC. “His tenacity and refusal to accept injustice often led to groundbreaking results for our clients. It has been a privilege to work with him and we look forward to seeing what his next chapter holds.”
Baine is the author of two best-selling novels, Harmful Intent and Wrongful Death, both legal thrillers, and a collection of short stories, Jumping-Off Place.
Hutchinson Black and Cook to Host Second Community Panel: “The Native American Experience in Boulder and Beyond”
On October 21, 2021, Hutchinson Black and Cook, along with co-sponsors BlackPast.org, the CU Native American Law Student Association, the NAACP of Boulder County, the Center for the American West, the Native American Rights Fund, CU Law School and CU Black Law Students Association, will host our second of four community panel discussions.
This panel discussion will address the systemic exclusion of, and racial bias experienced by, Native American communities in Boulder County and throughout Colorado as well as a forward-looking discussion on how Boulder County can begin to create a more inclusive community.
For more information and registration, click here.
Kimberly Hult named Best Lawyers® 2022 Medical Malpractice Law "Lawyer of the Year" in Boulder.
Hutchinson Black and Cook is pleased to announce that Kimberly Hult was named the Best Lawyers® 2022 Medical Malpractice Law Plaintiff's "Lawyer of the Year" in Boulder. Only one lawyer in each practice area and community is honored with a "Lawyer of the Year" award.
Kim, a longtime Member of HBC, is a civil litigator who manages a variety of complex legal issues for clients, including difficult medical malpractice claims. In 2003, Kim, along with Baine Kerr, won what is believed to be the largest breast cancer verdict in Colorado following a lengthy jury trial. In 2014, she argued and won an appeal before the Tenth Circuit Court of Appeals in a matter addressing when claims against the federal government should arise when there is no clear medical diagnosis. Kim has been selected for inclusion in Best Lawyers of America for her medical malpractice work every year for more than a decade.
Since moving to Boulder in 1999, Kim has also successfully represented injured individuals with other kinds of personal injury and sexual assault claims. She has served as lead counsel in numerous high-profile Title IX cases, both in Colorado and nationally, against prominent colleges and universities and large school districts.
In addition to her work focused on injured individuals, Kim has extensive experience representing large and small institutions, businesses, neighbors, and communities in real property disputes and other civil litigation matters, such as contract, intellectual property, and trade secret disputes. Notwithstanding the diversity of her practice, Kim has frequently been invited to speak on her varied cases that have gained widespread attention over the last two decades.
HBC Announces Retirement of Bill Meyer and Jim Carpenter
Stalwarts of Colorado Legal Community Retired in June
Bill Meyer and Jim Carpenter, two stalwarts of the Colorado legal community, retired from Hutchinson Black and Cook (HBC), LLC in June of 2021. They had a combined 89 years of tenure at the firm.
Bill Meyer joined the firm in 1975 and since that time, has become one of the best-known trial lawyers in the area. A fellow of the American College of Trial Lawyers, Bill handled a wide range of major litigation ranging from commercial and intellectual property disputes, to representing Colorado ranchers, local non-profits and the indigent. For nearly three decades, he helped create and worked with a variety of multi-national organizations promoting the rule of law in more than twenty countries.
Jim Carpenter joined the firm in 1978 and spent the past 43 years serving as outside general counsel for numerous businesses in the Boulder Valley and beyond. His practice included a wide range of legal issues facing businesses over their lifespan, from business formation and financing, through contracts and other operational matters, to sale and merger transactions.
“Bill has played an enormous role in the development and success of every litigator at HBC,” said Kimberly Hult, Member, HBC. “Throughout our careers, we have all repeatedly found ourselves sitting in Bill’s office, explaining the latest twist or turn in a case, keenly awaiting his counsel on how best to proceed and help our clients. For many of us, he was the first person we sought when we were confronted with a particularly thorny issue, and he has, without question, contributed so much to our successes, both as individuals and as a firm.”
“Jim has been the heart of the firm’s business section for the past 43 years,” said Carla Sledge, Member, HBC. “His expert, practical, and sound legal counsel for the firm’s clients has been invaluable. We will be forever grateful for his exceptional generosity and are so fortunate to have had Jim as a colleague, mentor and friend for over four decades. We wish him the very best in retirement.”
About Hutchinson Black and Cook, LLC
For over 125 years, HBC's lawyers have been involved in some of the most significant business transactions and complex litigation in Boulder, the Front Range, and beyond. This longevity and the firm’s many practice areas provide the firm with a unique understanding of Boulder’s business environment and the Colorado community as a whole. Our experience can make the difference in recognizing opportunities, anticipating obstacles, and devising creative solutions. HBC places the highest priority on providing clients with individualized attention and legal work of the highest quality. To learn more, go to: https://www.hbcboulder.com/.
Litigation in the Time of COVID: Tips and Tricks Learned After a Year of Practicing Remotely
On March 11, 2020, Colorado Governor Jared Polis declared a state of disaster emergency due to the presence of COVID-19 in Colorado. From that point on, it is fair to say that the landscape of practicing law in Boulder County and Colorado as a whole was forever altered. Counsel tables were replaced with kitchen tables; spare bedrooms became the new conference rooms; and, for many of us, our pets became the new co-counsel.
While practicing remotely hasn’t been all bad—I, for one, enjoy the ability to wear comfortable pants during remote depositions and hearings—it has certainly presented unique challenges which could be solved only through trial and error. Below are a few of the lessons I have learned after a year of practicing remotely.
Exhibits: One of the commonly confronted logistical issues with practicing remotely is how to share exhibits with counsel and witnesses who are no longer across the conference room table. Personally, I have found that having an exhibit technician on the Zoom or Webex conference is money well spent. The technicians I have worked with have been incredibly efficient at pulling up exhibits, zooming in to the correct focal point, and highlighting the relevant text as I or the witness am speaking. Although I consider myself reasonably “tech savvy,” many awkward pauses have been eliminated by having someone else locate the PDF I needed.
That said, not every case calls for, or has the funds available for, additional technology support. In those instances, providing exhibits to opposing counsel and the court reporter, (and the witness, if possible) beforehand helps to make sure everyone has what they need prior to starting the clock. While some element of surprise is lost, it is well worth it to save the headache of trying to get a witness to read text that, when screen shared, is just too small to be useful.
Audio Setups: After a year of pandemic life, countless of us have been on—or been in charge of—a hearing or deposition that is sidetracked by echoes, feedback, or microphones that do not work as intended. There are a few things that can help prevent these issues. First, always make sure that the audio speaker is far enough away from the microphone so that the sound coming out of the speaker is not immediately picked back up by the microphone. Second, be sure that anyone who is not speaking is muted—a refrain we have all heard, but that bears repeating.
If it is necessary to have the client or witness in the same room as the attorney, it is imperative that the audio setup gets tested multiple times prior to any appearance. Feedback problems are common when there are multiple computers on the same remote hearing in the same room, so careful positioning of the equipment is essential.
Organization and Preparation: In general, remote hearings and depositions require more planning ahead of time. It is helpful to have likely exhibits opened and ready for display, and any extraneous applications closed down. It is also important to check the lighting and background in the room and ensure that family and pets are unlikely to enter during the proceedings!
Of course, all of the above tips can only help but so much. The vagaries of internet connections will continue to be unpredictable at best and working from home always comes with unanticipated surprises. Above all else, courtesy and patience with your colleagues can continue to make this as workable a process as possible. That, and checking to make sure all cat filters are turned off prior to speaking with the judge.
*This article was originally published in the April 2021 issue of the Boulder County Bar Association newsletter.
Construction Dispute Damages
In construction disputes, as in any civil litigation, the term “damages” means payment in money for a plaintiff’s losses caused by a defendant’s wrongful conduct. See full article here.
If we can assist with any matters concerning issues involving construction damages, please contact Ken Robinson or anyone on the HBC Construction Team.
HBC Attorney, John Clune, quoted in USA Today Re: DeShawn Watson
HBC attorney John Clune is quoted in the USA Today analyzing the consequences facing NFL Quarterback DeShawn Watson who is defending against numerous allegations of sexual assault by massage therapists across the Houston, TX area. See article here.
HBC Attorney, Lauren Groth, to speak at The Berkeley Center on Comparative Equality and Anti-Discrimination Law’s 2021 Sexual Harassment in Education Virtual Conference, January 29-30
Hutchinson Black and Cook, LLC is proud to sponsor The Berkeley Center on Comparative Equality and Anti-Discrimination Law’s 2021 Sexual Harassment in Education Virtual Conference. One of our attorneys, Lauren Groth, will be speaking on the Title IX hearing process and the conference promises to be an excellent opportunity to learn more about Title IX and sexual harassment in schools. For more information and/or to register for the conference, click here
Daily Camera speaks with Lucy Walker and David Driscoll regarding upcoming series of panels on racism
The Daily Camera interviewed Hutchinson attorneys Lucy Walker and David Driscoll regarding the firm’s upcoming panel series, delving into racial exclusion in Boulder County and across the state. Read the article here
The first panel in the series, slated for Thursday, February 25, will focus on the ways in which Boulder has excluded Black residents. This free event will be held remotely and is open to the public. Register here
PRESS RELEASE: Hutchinson Black and Cook to Host Series on Boulder’s History of Racial Exclusion and Steps For a More Inclusive Future
On February 25, 2021, HBC will host the first of a series of four community panel discussions entitled “The Roots of Today’s Racial Exclusion in Boulder County and the Road Ahead.” The series of panel discussions is part of a larger set of racial equity initiatives begun by HBC in the wake of the killing of George Floyd and the Black Lives Matter demand for change during the summer of 2020 and was spurred by a recognition of the overwhelming homogeneity of the Boulder community. Other initiatives include a public statement of support for Black Lives Matter by HBC, a firm initiative on mentoring and recruiting of minority attorneys and staff, and a re-dedication and re-invigoration of the law firm’s commitment to provide legal services to underserved communities in Boulder County.
The first three panels will discuss the history of exclusion of Black, Native American, and Hispanic American communities from Boulder County, as well as resistance to exclusion by those groups. The final panel will be a forward-looking discussion on how Boulder County can begin to create a more inclusive community through changes in law and public policy that address past injustices and discrimination.
The programs will be co-sponsored by the BlackPast.org; The Center of the American West; the National Association for the Advancement of Colored People (NAACP), Boulder Chapter; the Native American Rights Fund; the University of Colorado School of Law; and CU Law School’s Black Law Student Association.
The February 25 panel discussion focusing on the exclusion of Black residents from the City of Boulder will feature:
· Moderator: Dr. Quintard Taylor, Professor Emeritus of American History, University of Washington, a specialist in African American history in the American West
· Penfield Tate, III, an attorney, former Colorado state legislator and son of Boulder’s only Black mayor
· Dr. Charles Nilon, professor of environmental science at the University of Missouri and son of CU Boulder’s first tenured Black faculty member
· Dr. Polly Bugros McLean, Associate Professor of Media Studies at CU Boulder and author of A Legacy of Missing Pieces: The Voices of Black Women of Boulder County.
The February 25 program will be held via Zoom due to the pandemic. Participation is free to the public, and all are welcomed and encouraged to attend. Register here: https://www.hbcboulder.com/boulderhistorypanel1
Case Advisory - Resolution of Lawsuit on Behalf of Vulnerable Inmates at Weld County Jail
HBC is pleased to report that two of its attorneys, Dan Williams and Lauren Groth, successfully partnered with the ACLU of Colorado and a team of civil rights lawyers to resolve a class-action lawsuit brought in the US District Court for the District of Colorado regarding the need to protect medically vulnerable inmates in the Weld County Jail from COVID-19. The resolution includes important safeguards for inmates, and also contains measures to reduce the number of persons detained in the jail during the COVID-19 crisis. Click here for an article appearing in the Denver Post that describes the settlement. https://www.denverpost.com/2020/12/01/aclu-weld-county-sheriff-covid-19-lawsuit/
HBC Settles Title IX Lawsuit with University of Arizona
This spring, HBC partners Lauren Groth, Kimberly Hult, and John Clune settled a Title IX lawsuit against the University of Arizona for claims arising from its failure to respond to notice that a UA football player, Orlando Bradford, had engaged in serious dating violence directed toward HBC’s client and other undergraduate women at the school. For nearly six months after high-ranking officials first documented specific accounts of Mr. Bradford’s dating violence, HBC’s client continued to suffer from severe physical and emotional abuse while the University failed to take action to assist her. In February 2020, the United States District Court for the District of Arizona, in an important ruling for Title IX law, found as a matter of law that the University had the required notice of Mr. Bradford’s dating violence and was deliberately indifferent to that sexual violence. In its ruling, the court concluded that Mr. Bradford’s dating violence was gender-based discrimination that fell squarely within the protections offered by Title IX. The settlement, which is public, is the largest known settlement of Title IX claims against a public university involving a single plaintiff in a dating violence case. The full article from the Arizona Daily Star may be viewed here.
Kimberly Hult and Lauren Groth publish article for ABA Civil Litigation Section on Title IX and Dating Violence
This summer, HBC attorneys, Kimberly Hult and Lauren Groth, wrote an article published by the ABA Civil Right Litigation Section of Litigation that discusses some important and helpful new Title IX rulings that treat interpersonal violence – or dating violence – as actionable under Title IX. Among other notable developments, the article discusses the Arizona federal court’s decision in DeGroote v. Arizona Board of Regents, an HBC case that resulted in a significant ruling recognizing that IPV is sexual discrimination under Title IX. See the full article below.
HBC IS DELIGHTED TO WELCOME MARIANNE LUU-CHEN AS OF COUNSEL TO THE FIRM
Continuing to build its depth of expertise in the field of estate planning and trust and estate administration, Hutchinson Black and Cook trumpets the arrival of Marianne Luu-Chen, Esq., as a new member of our team. Marianne’s experience in estate planning was honed as a solo practitioner in Boulder and as an attorney in Denver at both Ballard Spahr, LLP and Donelson Barry, LLC. An active member of the Trust and Estate Section of the Colorado Bar Association, Marianne has spoken on topics such as use of life insurance in estate planning, and serves on the prestigious Committee on the Colorado Rules of Professional Conduct. We are thrilled to add Marianne’s knowledge, energy and enthusiasm to HBC.
HBC Recognized by Boulder Community Foundation
The Boulder Community Foundation recognizes Hutchinson Black and Cook for its contribution to the Foundation’s COVID-19 Boulder County Response Fund. Read the full article here
Case Advisory - COVID-19 at Weld County Jail
HBC is pleased to report that two of its attorneys, Dan Williams and Lauren Groth, successfully partnered with the ACLU of Colorado and a team of civil rights lawyers to secure a precedent-setting ruling from the US District Court for the District of Colorado regarding the need to protect medically vulnerable inmates in the Weld County Jail from COVID-19. Click here for the press release from the ACLU of Colorado.
HBC Welcomes Randi Grassgreen as Of Counsel
HBC is thrilled to announce that Randi M. Grassgreen, Esq., has joined Connie Eyster, Susan Boothby, Jane Paddison and Lisa Willcox as part of the Trust and Estate team. Randi’s expertise in family wealth planning has been honed through 25 years of experience as a lawyer, accountant, and advisor, most recently as Shareholder and Managing Director of Family Wealth Planning at Crestone Capital in Boulder. Given Randi’s deep, long-standing relationship with Crestone and its clients, she will continue providing guidance to those clients on complex wealth planning matters in her role at HBC. As an adjunct professor at the University of Colorado and frequent speaker on estate planning topics, Randi has further developed a well-deserved reputation as an outstanding counselor to high net worth families. We could not be more excited to enhance our estate planning group with Randi’s creative and sophisticated approaches to planning.
Client Advisory - Contracts in the Era of COVID-19
Coronavirus: Planning for Contractual Disruptions
By: Lauren Groth, Member
With the impact of Coronavirus (COVID-19) changing daily, businesses in Boulder and throughout the Front Range are grappling with an increasing number of unpredictable events. Declarations of state emergencies, widespread cancellations, and social distancing measures all have an impact on business operations and revenue. While no one can predict where we will be in the coming weeks and months, planning and preparation are essential to weathering these uncharted waters.
Force Majeure Protections
For businesses providing goods and services pursuant to existing contracts, the first place to look when planning for the unpredictable is your contract’s force majeure provision. Force majeure provisions, by definition, address the parties’ options when dealing with circumstances outside of their control, for example, war, famine or other “acts of God.” Force majeure provisions provide protection to parties unable to perform by allowing the party facing unexpected difficulties to suspend, postpone, or end performance of its duties under the contract.
The language in your contract will provide guidance as to (1) what circumstances allow a party to be excused from performance of obligations under the contract and (2) what the party must do to seek the protection of a force majeure clause. In most contracts, a force majeure clause cannot be invoked simply because an unexpected event occurs. Rather, a party seeking relief must show that an event covered by the contract has occurred and was out of the party’s control and that the event had an effect on the party’s ability to satisfy its obligations under the contract.
If your business is anticipating difficulty in meeting its obligations under a contract in the coming months, it is important to look closely at existing contract language to determine whether the force majeure language is likely to cover current circumstances. While some contracts may explicitly mention plague or pandemic as triggering events, others may have more broadly inclusive language under which coronavirus could arguably fall. From there, you can evaluate what evidence or information you might need to establish the effect of coronavirus on your ability to perform, and when and how your contract requires you to provide notice to the other party.
Proactive Negotiations
We all know that business continues even in the midst of uncertainty. Companies and individuals negotiating new contracts and deals can also reduce their risk of future liability by being sensitive to the need to account for issues such as shutdowns, quarantines, and supply chain shortages in their contract language. Think carefully about whether existing schedules have built in the time necessary to account for possible delays, and whether anticipated costs reflect the likelihood that prices may rise in the coming months. If you are not the party responsible for obtaining the necessary materials or completing a project on time, you may want to consider adding provisions requiring the other party to take reasonable steps to minimize the impacts of a force majeure event such as coronavirus or place a limit on the allowable scheduling changes that can occur.
Although no one can fully anticipate what the future will bring, businesses can review existing contracts with an eye towards possible performance issues, and proactively negotiate to reduce the risk of contractual disputes down the road. If you have questions or concerns about your contractual obligations and how coronavirus may impact your business, please contact us.
Underwriters Laboratories acquires Boulder's HOMER Energy
The firm represented HOMER Energy LLC in the sale of the company to a subsidiary of UL LLC that closed on December 16, 2019. HOMER Energy provides the leading software platform for microgrid and distributed generation power system design and optimization, and UL LLC acquired HOMER Energy as part of its efforts to provide more services to the renewable energy chain and in microgrids in particular. Peter Lilienthal, the CEO of HOMER Energy, commented, “This transaction was a real challenge for our small company. Never having been through this before, I couldn’t have done it without Jim Carpenter and the HBC team. I’m sure it would have been harder, more stressful, and probably taken longer without their experience and expertise. It’s been a real pleasure to work with Jim and HBC.”