Brownstein Hyatt Farber Schreck

Protect the Privilege: Considerations in Employment Investigations

Employers can take many steps to help maximize the likelihood that attorney-client privileged information and work product will be protected in the context of employment-related investigations. In the recent case of City of…more
| Labor & Employment Law

SEC Settles Charges for Violation of Whistleblower Program’s Prohibition of Impediments to Communications Regarding Possible Securities Law Violations

On August 10, 2016, the Securities and Exchange Commission (SEC) announced a settlement with BlueLinx Holdings Inc. concerning alleged violations of the Dodd-Frank Whistleblower Program’s prohibition on impeding whistleblower…more
| Business Organizations, Labor & Employment Law, Securities Law

D.C. Circuit Upholds Constitutionality of SEC Administrative Law Judges

The Securities and Exchange Commission (“SEC”) scored a significant victory yesterday in its quest to defend the increased use of its in-house judges when a three-judge panel of the D.C. Circuit ruled that the appointment of the…more
| Business Organizations, Civil Procedure, Constitutional Law, Finance & Banking, Securities Law

And Then There Were Nine: Proposed Colorado Ballot Measures Down to 9 from 158 Filed

With the passing of the signature deadline at 3pm today, the Colorado Secretary of State’s office reports that five more proposed ballot initiatives have turned in signatures. Please see full Alert below for more…more
| Elections & Politics

Health Tech Podcast - Episode 2: Best Practices for Health App Development [Video]

Ian O’Neill, a shareholder in the firm’s Intellectual Property Department focusing on technology transactions, licensing, advanced media and privacy issues, and Emily Weber, a shareholder in the firm’s Health Care Group focusing…more
| Privacy, Health, Intellectual Property

Heads of the FTC Push Back on Chief Administrative Law Judge and Find Consumer Harm in LabMD Data Leak

On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of LabMD…more
| Antitrust & Trade Regulation, Privacy, Science, Computers, & Technology

Health Tech Podcast – Episode 1 [Video]

With Denver’s new presence in the health-technology market and Denver’s own digital-health business generator 10.10.10 celebrating the completion of its 10 day journey to have a group of 10 CEOs confront 10 health problems, two…more
| Privacy, Health, Intellectual Property

Nevada Supreme Court Confirms That Overbroad Non-Compete Agreements Will Be Invalidated, Not Modified

The Nevada Supreme Court recently held that it is improper for Nevada courts to modify overbroad non-compete agreements. The Court emphasized that it was not creating new law with this ruling, but rather clarifying existing law…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Colorado Amends Discrimination Law to Accommodate Pregnant and Post-Partum Employees

On June 1, 2016, Gov. Hickenlooper signed into law Colorado House Bill 16-1438, requiring employers to provide reasonable accommodations for pregnant and post-partum employees (specifically, for applicants or employees with…more
| Labor & Employment Law

The Privacy Shield: New Requirements for Lawful Trans-Atlantic Data Transfers

On July 12, 2016, the United States and European Union member states formally adopted the Trans-Atlantic Privacy Shield, a data transfer mechanism aimed to provide strict and clear consumer privacy protections. This Privacy…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

Brownstein Files Amicus Brief Urging U.S. Supreme Court to Protect the Neutrality of Arbitrators

On July 5, 2016, Brownstein Hyatt Farber Schreck filed an amicus brief on behalf of the Medical Device Manufacturer’s Association urging the United States Supreme Court to grant certiorari to protect businesses’ and individuals’…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

EPA Proposes Nationwide Changes to Discharge Permit Program

On May 18, 2016, the U.S. Environmental Protection Agency (“EPA”) proposed changes to the discharge permit program that will affect all dischargers and the terms and conditions in their future permits. The proposed rule would…more
| Environmental Law

The Uncertain Future of the Proposed European Unitary Patent after “Brexit” Vote

The future of the proposed European Unified Patent Court and European Unitary Patent have been jeopardized by the Brexit vote because ratification of the proposal by the United Kingdom is expressly required before the proposed…more
| Elections & Politics, Intellectual Property, International Law & Trade

Nationwide Injunction Freezes DOL’s Persuader Rule

A federal trial court in Texas has issued a nationwide injunction, freezing the DOL's Persuader Rule, which would otherwise have taken effect July 1, 2016, calling it "not merely fuzzy around the edges" but "defective to its…more
| Civil Remedies, Labor & Employment Law

Denver Proposes Mandatory Energy Benchmarking and Implementation of Efficiency Measures

The Energize Denver Task Force, a task force created in December 2015 by the City and County of Denver, recently recommended specific energy efficiency benchmarking measures for commercial and multifamily residential buildings…more
| Energy & Utilities, Environmental Law
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