Sherman & Howard L.L.C.

Technology, Innovation, and the Law: The Wacky World of Bitcoin

The primary underlying goal of the Bitcoin system – to function as the world’s first completely decentralized, untaxed, and anonymous currency system – seems to have been compromised by its own popularity. Part of JD Supra's…more

Bitcoin, IRS, Legal Perspectives, Virtual Currency

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Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was…more

Construction Industry, Construction Project, Real Estate Development

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

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The Customer is Sometimes Right

You’re a subcontractor with employees at your customer’s worksite. The customer orders you to remove an employee from the project. In fact, the customer emails you that the employee’s repeated safety complaints are killing them…more

Contract Formation, Contractors, Energy Reorganization Act, Subcontractors, Whistleblower Protection Policies

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

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New Employer Requirements for Pregnancy, Personnel Files

The Colorado legislative session wrapped up on Wednesday, May 11, and as expected, the vast majority of labor and employment bills failed to pass into law. However, employers are likely to have two new obligations to their…more

Ban the Box, Legislative Agendas, Paid Leave, Parental Leave, Pregnancy Discrimination

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Public Benefit Corporation Act of Colorado - A New Framework to Support Socially Responsible Colorado Corporations

On May 16, 2013, Governor John Hickenlooper signed the Public Benefit Corporation Act of Colorado (the "Act") into law, creating a new class of for-profit corporations in Colorado beginning April 1, 2014, called "public benefit…more

Benefit Corporations, Corporate Social Responsibility, New Legislation

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NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

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NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

See All Updates »

SCOTUS Gives Plaintiffs Second Apple

Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s…more

Constructive Discharge, EEOC, Green v Brennan, SCOTUS, Statute of Limitations

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Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was…more

Construction Industry, Construction Project, Real Estate Development

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Colorado Construction Monitor - Summer 2014

In this Issue: - Denver’s construction activity approaching historic peak of 2007 - Market Update - Condominium Construction Defects Legislation Introduced - Whether for Cause or Convenience,…more

Condominiums, Construction Industry, Contractors, General Contractors, Job Creation

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Wisconsin’s Controversial Public Union Law Upheld as Constitutional

A panel of the Seventh Circuit Court of Appeals recently upheld Wisconsin's widely-discussed 2011 law that limits the collective bargaining rights of most public sector employees…more

Collective Bargaining, Unions

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Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision, Stresscon…more

Denial of Benefits, Fees, Insurance Industry, Insureds, Notice Prejudice Rule

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Stating the Obvious

An employee who is legally restricted from driving because of seizures is not “qualified” for a job that requires the employee to spend fifty percent of working hours on the road. In Minnihan v. Mediacom Communications Corp.,…more

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Guidance on Internal I-9 Audits

Because a government inspection can occur with only three days written notice, some employers choose to initiate internal audits of their company’s Forms I-9, utilizing their own personnel or attorneys with immigration or…more

Audits, DHS, DOJ, I-9, Inspections

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Groundbreaking Discrimination Lawsuits

The EEOC filed two lawsuits today alleging – for the first time – that discrimination on the basis of sexual orientation violates Title VII. As you know, sexual orientation is not expressly protected under Title VII, so these…more

EEOC, Employer Liability Issues, LGBT, Sex Discrimination, Sexual Orientation Discrimination

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Federal Contractors Beware – Part 8

On September 7, 2015, President Obama issued an executive order that will require federal contractors and subcontractors to provide their employees with up to seven or more paid sick leave days a year…more

Executive Orders, Federal Contractors, Paid Leave, Paid Sick Leave Act, Sick Leave

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Not Just For Facebook

The issue of cross border data transfer—including employee data— that is. Four years ago, Austrian law student Max Schrems attended a semester abroad study at Santa Clara University in Silicon Valley, where he heard one of…more

Cross-Border Transactions, Data Privacy, Data Protection Authority, EU, European Court of Justice (ECJ)

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NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Colorado Springs Joins Other Colorado Municipalities in Addressing Construction Defect Reformation

On December 8, 2015, the Colorado Springs City Council unanimously (9-0) voted to approve an Ordinance that reforms construction defects litigation for common interest communities. In a municipality that rarely has unanimous…more

City Councils, Construction Defects, HOA, Local Ordinance, Multi-Family Development

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Colorado Supreme Court Upholds Employers’ Right To Fire Employees That Test Positive For Medical Marijuana

In a case which has been monitored by employers nationwide, the Colorado Supreme Court upheld an employer’s decision to terminate an employee for testing positive for tetrahydrocannabinol (THC), in a random drug test…more

CO Supreme Court, Decriminalization of Marijuana, Drug Testing, Employment Policies, Hiring & Firing

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Owner and Developer Implied Duties in Construction Projects

Increasing construction activity and the general improvement in the real estate market means that more owners and developers will be starting new construction projects, and it is important to review some of the obligations…more

Architects, Construction Contracts, Contractors, Easements, Property Owners

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Employer May Eliminate Light Duty Job

In Dunderdale v. United Airlines, the employee suffered from a back injury that prevented him from performing any heavy lifting. The employer assigned him to a light duty position – sitting at a computer scanning bags as they…more

ADA, Collective Bargaining Agreements (CBA), Disability Discrimination, Light-Duty Positions, Reasonable Accommodation

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Recent Events in the News Highlight the Importance of Registering Trademarks with the USPTO

Last week, New Belgium Brewing Company and Oasis Texas Brewing Company settled a trademark dispute between the companies that began in 2014. The two breweries were disputing which of them had the right to use the name “Slow…more

Breweries, Trademark Litigation, Trademark Registration, Voluntary Dismissals

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Employers Must Gross Up Back Pay Awards in NLRB Cases

In another bold move, the National Labor Relations Board (NLRB) has beefed up the requirements for back pay payments when an employer loses a labor dispute. Employees and their lawyers have long complained of the tax…more

Back Pay, NLRA, NLRB, Payroll Taxes, Social Security

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Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was…more

Construction Industry, Construction Project, Real Estate Development

See All Updates »

OSHA Update: OSHA Announces Drastic New Recordkeeping and Retaliation Rule

On May 11, 2016, OSHA announced the issuance of a final rule regarding recordkeeping. The new rule will require certain employers to electronically submit their injury and illness records to OSHA on an annual basis…more

Data Collection, Electronic Filing, Employer Mandates, OSHA, Recordkeeping Requirements

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

OSHA Update: OSHA Announces Drastic New Recordkeeping and Retaliation Rule

On May 11, 2016, OSHA announced the issuance of a final rule regarding recordkeeping. The new rule will require certain employers to electronically submit their injury and illness records to OSHA on an annual basis…more

Data Collection, Electronic Filing, Employer Mandates, OSHA, Recordkeeping Requirements

See All Updates »

Colorado Supreme Court Announces New Limit on the “Notice-Prejudice Rule”

On February 17, 2015, the Colorado Supreme Court issued Craft v. Phila. Indem. Ins. Co., No. 14sa43, 2015 WL 658785 (Colo. Feb. 17, 2015), in which it held the notice-prejudice rule applicable to occurrence policies does not…more

Claims Made Policy, CO Supreme Court, Insurance Industry, Insurance Litigation, Notice Prejudice Rule

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Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

OSHA Update: OSHA Announces Drastic New Recordkeeping and Retaliation Rule

On May 11, 2016, OSHA announced the issuance of a final rule regarding recordkeeping. The new rule will require certain employers to electronically submit their injury and illness records to OSHA on an annual basis…more

Data Collection, Electronic Filing, Employer Mandates, OSHA, Recordkeeping Requirements

See All Updates »

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

Gov. Christie’s Cuts in N.J.’s Mandatory Public Pension Funding Found to be Legal

A recent study estimated that state public pension plans are underfunded by $4.7 trillion (yes, that’s a “T”). Ten states have plans in which less than 30-percent of benefit obligations are funded, and only three states have…more

Appropriations Bill, NJ Supreme Court, Pension Funds, Pensions, Public Pension

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Employees May Take “Total Disability” And Seek Accommodation Too

Just because a disabled employee takes long term disability benefits and certifies she is unable to work, doesn’t mean she can’t seek workplace accommodations. Smith v. Clark County School District, No. 11-17398 (9th Cir. Aug…more

ADA, Disability Discrimination, Discrimination, FMLA, Reasonable Accommodation

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NLRB Nixes “No Recording” Rule

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a camera…more

Audio Recording, Chilling Effect, Employee Privacy Rights, Employee Rights, NLRB

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare Solutions,…more

Advertising Injury, Class Action, Commercial General Liability Policies, Cyber Insurance, Data Breach

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Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was…more

Construction Industry, Construction Project, Real Estate Development

See All Updates »

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested…more

Employer Liability Issues, FMLA, Hiring & Firing, Reinstatement, Termination

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Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

Big Brother is Watching: Contractors Required to Report Labor Law Violations

Reminder to all clients who are federal contractors: the federal government will now consider a prospective contractor’s past labor law compliance in determining whether or not the contractor has the requisite “satisfactory…more

Disclosure Requirements, DOL, Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors

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Court Pulls Curtain on NLRB Ruling

The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and…more

Dramatic Performances, Entertainment Industry, Independent Contractors, Misclassification, Music Industry

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Construction Defect Reform Bill Defeated

Senate Bill 15-177, a bill introduced to reform Colorado’s construction defect litigation process, was defeated in a House of Representatives Committee on April 28, 2015 without being presented for a full vote in the House. The…more

Condominiums, Construction Contracts, Construction Defects, Construction Industry, Legislative Agendas

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NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

See All Updates »

OSHA Update: OSHA Announces Drastic New Recordkeeping and Retaliation Rule

On May 11, 2016, OSHA announced the issuance of a final rule regarding recordkeeping. The new rule will require certain employers to electronically submit their injury and illness records to OSHA on an annual basis…more

Data Collection, Electronic Filing, Employer Mandates, OSHA, Recordkeeping Requirements

See All Updates »

The Road to Repair and Reconstruction of Colorado's Scenic Highways

The recent and tragic flooding in numerous Colorado counties poses a challenge not only to local, state, and federal agencies, but also to the construction community as well. As Coloradans sift through the flood damage, they…more

Contractors, Highways, Infrastructure, Reconstruction, Repairs

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

2015 Year-End Tax Planning for Businesses

As 2015 draws to a close, there is still time to reduce your 2015 taxes and plan ahead for 2016. This advisory highlights several potential tax-saving opportunities for business owners to consider…more

Business Taxes, Corporate Taxes, Employer Group Health Plans, FATCA, Reporting Requirements

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

Parental Leave Precautions

Last week, Coca-Cola announced that many new parents at the company (domestic non-bargaining employees) will soon be eligible for six weeks of paid leave. The benefits, which supplement existing short-term disability benefits…more

Coca Cola, FMLA, Parental Leave, Pregnancy Disability Leave Law, Title VII

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Act Professional

A recurring risk for licensed professionals remains the threat of liability claims arising from their work. Given the nature of the professional's practice, the claims are complex and costly, regardless of their merit…more

Professional Liability

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

See All Updates »

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

See All Updates »

NLRB Nixes “No Recording” Rule

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a camera…more

Audio Recording, Chilling Effect, Employee Privacy Rights, Employee Rights, NLRB

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Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare Solutions,…more

Advertising Injury, Class Action, Commercial General Liability Policies, Cyber Insurance, Data Breach

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No Second Bite for Prayer Claims

Neither the EEOC nor Muslim employees at a Nebraska meatpacking plant will be able to pursue individual claims that their employer failed to accommodate prayer practices. In a long running dispute, the EEOC filed suit against…more

EEOC, Employer Liability Issues, Enforcement Actions, Prayer, Reasonable Accommodation

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Labor & Employment Advisory: New Overtime Regulations Announced

Under the Federal wage and hour law, the Fair Labor Standards Act (FLSA), non-exempt workers are required to be paid overtime pay – 1.5 times their regular rate – for all hours worked in excess of forty (40) in a week There are…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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New EEOC Guidance on Pregnancy Discrimination

On July 14, the EEOC issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues” along with a Q&A document about its Guidance, and a Fact Sheet for Small Businesses…more

ADA, Discrimination, EEOC, Employer Liability Issues, Enforcement Guidance

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

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Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more

Disclosure Requirements, MCDC, Municipal Bonds, Municipal Securities Issuers, Municipalities

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Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral. As…more

Bad Debt, Bank Holding Company, Bank Holding Company Act, Banks, Real Estate Market

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California Rules!

California’s new regulations concerning employment discrimination come into effect soon. Briefly, they require beefy policies and supervisor training concerning reporting discrimination and harassment. Naturally, they include…more

Gender Discrimination, Human Resources Professionals, New Regulations, Sexual Orientation Discrimination

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NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more

Ambush Election Rules, Arbitration, Email, NLRB, Protected Concerted Activity

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Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision, Stresscon…more

Denial of Benefits, Fees, Insurance Industry, Insureds, Notice Prejudice Rule

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Contact

633 Seventeenth Street
Suite 3000
Denver, CO 80202, United States

  • 303.297.2900
  • 303.298.0940

Areas of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • Arizona
  • Colorado
  • Georgia
  • Missouri
  • Nevada
  • New Mexico
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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