Brownstein Hyatt Farber Schreck

Are Groundwater Extraction Fees Property Related or Regulatory Fees? It Depends

Two new Proposition 218-related cases published in March come to opposite conclusions in determining whether groundwater extraction and replenishment fees are “property-related” fees subject to Article XIII D of the California…more
| Civil Procedure, Constitutional Law, Energy & Utilities, Zoning, Planning & Land Use, Real Estate - Commercial

NLRB General Counsel Releases Memorandum on Unlawful Employer Policies

In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under the…more
| Civil Rights, Communications & Media Law, Labor & Employment Law, Privacy, Intellectual Property

Three Months and Counting: Preparing for California’s New Industrial Storm Water Permit

If you operate one of the over 100,000 industrial facilities subject to California’s new Industrial Storm Water Permit (2015 Permit), you are probably already aware that only three months remain to ensure your compliance before…more
| Commercial Law & Contracts, Environmental Law, Zoning, Planning & Land Use

SEC Announces First Enforcement Action Involving Restrictive Language in Confidentiality Agreement under Dodd-Frank Whistleblower Program

On April 1, 2015, the Securities and Exchange Commission (SEC) announced its first enforcement action involving restrictive language in an employee confidentiality agreement that it contends has “the potential to stifle the…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Colorado Tax Revenue for Recreational Marijuana Lower Than Expected

Last month, the Colorado Department of Revenue released the December sales tax data for recreational marijuana, bringing the total for Colorado’s first full calendar year of taxes on recreational marijuana to about $44 million…more
| Commercial Law & Contracts, Taxation

New Guidance in Colorado on Rules of Evidence for Social Media

When litigating cases in court, lawyers must follow formal rules of evidence. In 1965, Chief Justice Earl Warren of the United States Supreme Court started developing what would eventually become formal Rules of Evidence. The…more
| Civil Procedure, Communications & Media Law

Nevada Business License Fee Proposal Could Impact Employers

Nevada employers should pay close attention to a tax bill currently under consideration by the Nevada Legislature. Senate bill 252 includes a new business license fee proposal that bases its fees scale on gross revenue and…more
| Business Organizations, Elections & Politics, Taxation

NLRB’s Controversial Issuance of Final Rules Set to Take Effect April 14, 2015

In recent client alerts, we discussed the NLRB’s issuance of final rules, set to take effect April 14, 2015, which will expedite the election process in union organizing campaigns. The NLRB has just issued a fact sheet…more
| Labor & Employment Law

Colorado Provides Employers Resource on Marijuana Health Risks

The Colorado Department of Public Health & Environment (“CDPHE”) issued a 188-page report entitled, “Monitoring Health Concerns Related to Marijuana in Colorado: 2014.” The report was prepared by a 13member committee appointed…more
| Labor & Employment Law

NLRB Overturns ALJ Decision; Finds Confidentiality Agreement Violated Employee Rights

On Feb. 24, 2015, the National Labor Relations Board (NLRB) held that a Washington transportation company’s Confidentiality Agreement violated the National Labor Relations Act (NLRA). The case was titled, Battle’s Transp., Inc.,…more
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law

How New Marijuana Laws Will Impact the Hospitality Industry

On Feb. 10, 2015, Bill Berger and Matt Arentsen led a roundtable discussion at the Hospitality Law Conference in Houston, Texas. Speakers and attendees at the conference represented a broad spectrum of hospitality industry…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

Chapter 40 Reform Provides Relief for Nevada Homebuilding Industry

Nevada Gov. Brian Sandoval signed into law AB 125 (2015) ushering in critical reforms for Nevada’s construction defect laws. The law, which the Nevada Legislature passed this past Friday, Feb. 20, 2015, provides crucial relief…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Construction Law, Real Estate - Residential

Claim Construction Deconstructed—Another Layer of Diverging Standards

The America Invents Act (AIA) implemented post-grant proceedings at the Patent Trial and Appeal Board (PTAB) as an alternative to litigation at district courts in the federal circuit. Since its institution, much focus has been…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Rejects “Merger Tax” Litigation Settlements That Benefit Primarily Plaintiffs’ Attorneys and Plaintiffs Who Do Not Represent Shareholder Interests

It is no secret that when a public company announces a merger, lawsuits follow. There is nothing inherently wrong with this phenomenon. If the merger price is woefully unjustifiable or if shareholders are not given adequate…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law, Taxation

Groundwater Regulation on the Rise as Counties Gear Up to Meet Sustainable Management Requirements

The enactment of the Sustainable Groundwater Management Act (SGMA), in conjunction with increasing concern over drought impacts on groundwater supplies, has set the stage for several California counties’ recent adoption of…more
| Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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Contact

410 Seventeenth Street Suite 2200
Denver, CO 80202-4432, United States

  • 303.223.1100
  • 303.223.1111

Areas of Practice
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Other U.S. Locations
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100+ Attorneys

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