Holland & Hart News

Attorney Named Fellow of American College of Real Estate Lawyers

The American College of Real Estate Lawyers has elected Holland & Hart attorney Beat Steiner as a Fellow.

The American College of Real Estate Lawyers is the premier organization of U.S. real estate lawyers. Admission is by invitation only after a rigorous screening process. Election to this College is one of the highest honors a real estate attorney can receive in his or her practice. Steiner was recognized for his years of outstanding work and service to the profession.

To learn more about the American College of Real Estate Lawyers, click here.

SEC Enforcement Presentation

Last Tuesday, Holland & Hart's Michael MacPhail and Patrick Hunnius of White & Case discussed key issues emerging from the SEC’s Enforcement Division, and the impact of these issues on regulated entities and the lawyers who represent them. MacPhail is a former senior attorney with the SEC’s Division of Enforcement. 

According to Compliance Building, the SEC under new Chairman Mary Shapiro’s leadership has obtained budget increases that will be used to increase the number of enforcement lawyers. It has streamlined procedures relating to the issuance of formal orders of investigation and negotiating civil penalties with corporations. Its staff has responded enthusiastically to the change by bringing an unprecedented number of emergency civil actions, cases involving Foreign Corrupt Practices Act violations, and cases targeting lawyers.

For a summary of their presentation in the Securities Docket web-cast entitled, “SEC Enforcement Update: A Wounded Animal is a Dangerous Animal,” please see Compliance Building's website, here.

Colorado Supreme Court Recognizes Holland & Hart for Pro Bono Commitment

Holland & Hart was among 85 law firms that the Colorado Supreme Court congratulated for meeting an annual goal of providing an average of 50 hours of pro bono legal services per lawyer in 2008. Last year, Holland & Hart committed to providing at least that average to indigent people and was one of 85 firms that met the goal.

“These attorneys and firms provide a tremendous benefit, ensuring access to justice for people who otherwise may not have been able to afford any legal services,” said Colorado Supreme Court Chief Justice Mary Mullarkey. “The thousands of hours of legal services given to those in need reflects that most of us who chose the law as a profession did so in the interest of helping people.”

The Pro Bono Commitment Program was created to secure an enduring commitment from Colorado’s legal community to provide free legal services to indigent people in civil matters and to annually recognize law firms, solo practitioners and in-house counsel groups who give generously of their time.

Holland & Hart was honored at the reception held on April 13.  For more information on the program, including the list of participants, click here.

EPA Publishes Proposed Mandatory Greenhouse Gas Reporting Rule

By James Holtkamp
April 10, 2009

EPA published today a 285-page proposed rule to require reporting of greenhouse gases (“GHGs”) from all sectors of the economy. The proposed rule will require reporting of GHG emissions from sources representing approximately 85 to 90 percent of the greenhouse gas emissions in the United States. The GHGs covered by the proposed rule are carbon dioxide, methane, nitrous oxides, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons and certain other fluorinated compounds. The proposed rules are required by the 2008 Consolidated Appropriations Act, signed by President Bush on December 7, 2007.

Read the full news alert, here.

Partner to Address HRMA Colorado Chapter Annual Conference

Holland & Hart partner Greg Piche will speak at the HFMA Colorado Chapter Annual Conference on April 24, held at the Cheyenne Mountain Resort in Colorado Springs, Colorado. The topic of the conference will be "Consent Orders - Messenger Model."

Recently the Federal Trade Comission issued a press release involving the messenger model and 2 IPA's, one of which involved a consent order for the Boulder Valley IPA. Piche will discuss the FTC Safety Zones specific to provider contracting and will address the BVIPA consent decree.

Download the HFMA PDF for more information and registration instructions.

Holland & Hart Wins Ruling in Colorado

Denver federal district court judge Robert Blackburn granted UBS's motion for summary judgment in a case involving a fundamental revenue practice for banks. The ruling was welcomed by UBS's lawyers from Holland & Hart and Kirkland & Ellis.

The plaintiffs alleged that UBS breached its fiduciary duty and its covenant of good faith with depositors when it placed their non-invested money in lower-interest accounts instead of money market accounts. Holland & Hart moved for summary judgment in May, arguing that UBS made adequate disclosure of its practices to depositors and that it complied with its customer agreements. Judge Blackburn agreed in his ruling on March 24.

Read more about the ruling in The AmLaw Litigation Daily, here.