Brownstein Hyatt Farber Schreck

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

Supreme Court Recognizes Implied Certification Claims, With Limits

On June 16, 2016, the Supreme Court issued an opinion in Universal Health Services v. United States ex rel. Escobar, a case in which the court evaluated the viability of the “implied certification” theory of liability under the…more
| Civil Procedure, Commercial Law & Contracts, Government Contracting

Supreme Court Resurrects Enhanced Damages Awards Under § 284

On Monday, in a significant victory for patent owners, the U.S. Supreme Court swept away the Federal Circuit’s “inelastic” framework for assessing enhanced patent damages and found that 35 U.S.C. § 284 means what it says: that a…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Denver Proposing New Development Fee to Pay for Affordable Housing

Despite some concerns that the real estate market is slowing down, the city's data indicates that the real estate and job market in Denver continue to expand, creating an acknowledged gap between wages and housing costs…more
| Real Estate - Residential, Zoning, Planning & Land Use

June Marks Upsurge in SEC Whistleblower Awards

On June 9, 2016, the SEC announced a $17 million whistleblower award to “a former company employee whose detailed tip substantially advanced the agency’s investigation and ultimate enforcement action.” This is the second-largest…more
| Business Organizations, Securities Law

Depositions of Organizations—Will the Rules Change?

The complex rules governing depositions of organizations may be about to change. An upcoming rule review by the Civil Rules Advisory Committee (“Committee”) could result in one of the biggest developments in the way discovery is…more
| Civil Procedure

State Water Board Nixes Flawed “One Size Fits All” Conservation Mandates

On May 18, 2016, the California State Water Resources Control Board (State Water Board) adopted new emergency conservation regulations that repeal and replace its prior drought regulations. The new regulations, which are…more
| Administrative Law, Environmental Law

Delaware Supreme Court Clarifies Standards in Corporate Takeovers

On May 6, 2016, the Delaware Supreme Court upheld a merger between Zale Corporation (“Zales”) and Signet Jewelers Limited (“Signet”) when it affirmed a lower court’s dismissal of a shareholder class action that sought to enjoin…more
| Business Organizations, Civil Procedure, Civil Remedies, Mergers & Acquisitions, Securities Law

Court Finds Faulty Funding Provisions in Affordable Care Act Affect Low-Income Affordability Provisions

On Thursday, May 12, 2016, a federal district court judge ruled against the Obama administration, finding that no appropriations have been made to fund payments under Section 1402 of the Affordable Care Act to reimburse…more
| Civil Remedies, Elections & Politics, Health
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