Sherman & Howard L.L.C.

President Biden Signs Sweeping Executive Order on Artificial Intelligence

On October 30, 2023, President Biden issued a sweeping Executive Order regarding the use of artificial intelligence (AI). The order calls for federal agencies to create new standards around privacy, security, safety, and the…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Defense Production Act, Department of Energy (DOE)

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Addressing Challenges of Deepfakes & AI-Generated Evidence

The Federal Rules of Evidence (“FRE”) currently provide a framework for authenticating evidence in court, but rapid advancements in artificial intelligence (AI) have raised concerns about the sufficiency of these rules in…more

Advisory Committee, Algorithms, Artificial Intelligence, Authentication, Deep Fake

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FinCEN's Beneficial Ownership Rule Effective January 1, 2024

In September 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a rule requiring that certain entities report information about their beneficial owners. A beneficial owner, subject to five specific…more

Beneficial Owner, Financial Crimes, FinCEN, Reporting Requirements, Shell Corporations

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Appeals From PPP Forgiveness Denials

The initial frenzy of PPP loans in the spring and summer of 2020 has given way to the practical realities of the forgiveness process. For most, the forgiveness of PPP loans is a simple and straightforward exercise with lenders…more

Borrowers, CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), SBA

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30 Day Notice: New Colorado Data Privacy Act

On May 29, 2018, Governor John Hickenlooper signed into law House Bill 18-1128 (the “Data Privacy Act”). The Data Privacy Act creates new standards for how businesses and governmental entities (i) protect the personal…more

Covered Entities, Cybersecurity, Data Breach, Data Privacy, Data Protection

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LIHTC Fix Back in the Cards

A potential bipartisan deal could bring the “Low-Income Housing Tax Credit (LIHTC) Fix” back to life and, with it, the possibility of a new wave of affordable housing deals…more

Affordable Housing, Low Income Housing, Tax Credits, Tax Legislation

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2024 Colorado Privacy Act Provision Updates

The Colorado Privacy Act (CPA) went into effect on July 1, 2023, but there are a couple new provisions going into effect this year that businesses need to consider. •Starting on July 1, 2024, controllers and processors will…more

Amended Legislation, Colorado, Data Controller, Data Privacy, Data Processors

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Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more

Canada, Canada Revenue Agency (CRA), Choice of Entity, Corporate Taxes, International Tax Issues

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Colorado Eviction Moratorium And Commercial Real Estate

The Colorado governor recently issued executive orders limiting evictions and providing other tenant protections due to the ongoing pandemic. This advisory is an outline of the key takeaways for commercial landlords, with…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Rental Property

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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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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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Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period…more

CO Supreme Court, Commercial General Liability Policies, First-Party Coverage, Insurance Industry, Insurance Litigation

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SEC Requires Disclosure Of Bank Loans And Privately Placed Debt By Most Issuers Of Tax-Exempt Bonds

On August 15, 2018, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (the “Rule”). The Rule, among other things, requires brokers, dealers, and…more

Amended Regulation, Amended Rules, Disclosure Requirements, Financial Obligations, MSRB

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Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more

Canada, Canada Revenue Agency (CRA), Choice of Entity, Corporate Taxes, International Tax Issues

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Bankruptcy Discharge Does Not Trigger Statute of Limitations on Claim Based on Security Agreement

In a recent decision, the Colorado Supreme Court reversed the Colorado Court of Appeals and held that a discharge in bankruptcy does not trigger the statute of limitations on a claim to foreclose based on a deed of trust. U.S…more

Accelerated Payments, Appellate Courts, Borrowers, CO Supreme Court, Deed of Trust

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Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period…more

CO Supreme Court, Commercial General Liability Policies, First-Party Coverage, Insurance Industry, Insurance Litigation

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Charities' Activities Attracting Congressional Attention

On two separate occasions in the first two months of 2024, members of Congress have invited IRS scrutiny of tax-exempt charitable organizations for activities that were perceived to be political lobbying. In January,…more

501(c)(3), Charitable Donations, Charitable Organizations, IRS, Lobbying

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Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak. CAA…more

CARES Act, Coronavirus/COVID-19, Financial Assistance Policies, Landlords, Rental Property

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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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Navigating Uncertainty: The Legal Landscape of Government Contracts Post-Chevron Reversal

For 40 years, the Chevron Doctrine has been a prominent precedent in administrative law allowing courts to defer to an agency’s interpretation of an ambiguous statute or regulation. The Chevron Doctrine has been overturned by…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Defense Contracts, DFARS

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[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

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Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak. CAA…more

CARES Act, Coronavirus/COVID-19, Financial Assistance Policies, Landlords, Rental Property

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EEOC Finalizes New Comprehensive Harassment Guidance

On Monday, the Equal Employment Opportunity Commission (EEOC) finalized its updated, comprehensive guidance on harassment in the workplace. The new guidance replaces several older guidance documents dating back to the 1980s and…more

Equal Employment Opportunity Commission (EEOC), Gender Identity, Harassment, Hostile Environment, Sexual Harassment

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Andy Warhol Foundation vs. Goldsmith: A Transformative Opinion or Much Ado About Nothing?

Over the past several weeks there has been much commentary regarding the U.S. Supreme Court's recent opinion in Andy Warhol Foundation ("AWF") v. Goldsmith. The facts of the case date back to the early 1980s when Vanity Fair…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Fair Use

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How the NLRB Stole Christmas: Expedited Representation Election Cases!

In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes implemented…more

Labor Relations, NLRA, NLRB, Quickie Election Rules, Union Elections

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Beer Industry Update: One Key Takeaway From The 2019 Craft Brewers Conference

TTB Enforcement Steadily Increasing- Each year, the Brewers Association hosts the Craft Brewers Conference (CBC) and BrewExpo America, an industry event serving brewers, brewpubs, and packaging breweries of all sizes. More…more

Beer, Beverage Manufacturers, Breweries, TTB, Wine & Alcohol

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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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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

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Are You & Your Business Assets Fully Protected?

Today it is more important than ever to ensure you, your company, and your business assets are fully protected from the inside out. If not, it could mean losing everything. Here’s a list of items to consider when reviewing your…more

Business Assets, Confidential Business Information (CBI), Confidentiality Agreements, Cybersecurity, Popular

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SCOTUS Benchslaps NLRB & Its Uneven Playing Field

Section 10(j) of the National Labor Relations Act ("NLRA") equips the National Labor Relations Board ("NLRB" or “Board”) with a powerful tool to address supposed unfair labor practices during the pendency of a Board unfair labor…more

Federal Labor Laws, Media, NLRA, NLRB, Preliminary Injunctions

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2021 Stimulus Bill: Key Tax Provisions

Unlike the original coronavirus relief bill (the CARES Act), which included numerous changes and modifications to the Tax Code, the latest stimulus bill includes relatively few tax-related provisions. Nonetheless, a couple of…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Public Charities

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Sierra Space's Dream Chaser Moving Closer to First Launch

On May 31, Sierra Space successfully powered up its spaceplane, Dream Chaser, in its assembly facility. The test is another step forward for the company that is planning to ship the vehicle to the Neil A. Armstrong Test Facility…more

Aerospace, Innovation, NASA, Outer Space

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Arizona Governor Amends “Stay Home, Stay Healthy, Stay Connected” Order

While Arizona Governor Doug Ducey extended the majority of Arizona’s “Stay Home, Stay Healthy, Stay Connected” policy through May 15, 2020, the new executive order allows certain nonessential retailers to gradually reopen with…more

Coronavirus/COVID-19, Executive Orders, Governor Ducey, Health and Safety, Infectious Diseases

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e-Discovery Doesn't End with E-mail

When I was a new trial lawyer, a seasoned veteran joked that the "e" in "e-mail" stood for evidence. It seems to me that after decades of legal advice and collections of company email accounts in litigation, people are finally…more

Discovery, Electronically Stored Information, Email, Instant Messaging Apps, Mobile Apps

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Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision in Condominium Declarations

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio…more

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

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Officers Held Liable for Breach of Fiduciary Duty Claim Brought Against Them by Stockholders

Earlier this year, we wrote about Delaware’s recent statutory changes extending certain protections to corporate officers that were previously only afforded to directors. As we mentioned in that advisory, an exception to the…more

Breach of Duty, Corporate Officers, Fiduciary Duty, McDonalds, Oversight Duties

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Public Finance Advisory: Senate Tax Plan Diverges From House Version

On November 9, 2017, the U.S. Senate’s Joint Committee on Taxation released its Chairman’s mark of the “Tax Cut and Jobs Act,” a version of which was unveiled by the House of Representatives on November 2…more

Legislative Agendas, Municipal Bonds, Proposed Legislation, Public Finance, State and Local Government

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Employers Take Note – Ignoring a Federal Agency Is a Great Way to Get Into Big Trouble

When the United States Department of Labor (“DOL”) requests documents during a Fair Labor Standards Act (“FLSA”) investigation, compliance is not optional. Indeed, if an employer drags its feet long enough, and repeatedly…more

Compliance, Contempt, Department of Labor (DOL), Documentation, Fair Labor Standards Act (FLSA)

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Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision in Condominium Declarations

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio…more

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

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Miller v. Amos & Unfair Housing Practices as Affirmative Defense to Eviction

On February 20, 2024, the Colorado Supreme Court announced its opinion on Miller v. Amos, 2024 CO 11 (February 20, 2024) and held that defendants in forcible entry and detainer (“FED”) actions may assert violations of the…more

Breach of Contract, CO Supreme Court, Eviction, Fair Housing Act (FHA), Forcible Entry and Detainer

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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Preliminary Guidance On Colorado Businesses Reopening

Following the White House’s guidelines issued on April 16, 2020, Colorado Governor Jared Polis announced on Monday, April 20, that the State of Colorado would seek to transition from a mandatory Stay-at-Home Order to a…more

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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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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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 Small Businesses Can Apply For Disaster Assistance Loans From The SBA

The United States Small Business Administration (the SBA) declared the State of Colorado eligible for disaster loan assistance. Economic Injury Disaster Loans (EIDLs) up to $2,000,000 will be working capital loans to help small…more

Disaster Aid, SBA, Small Business

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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Federal Subsidies on Direct-pay Taxable Bonds Could Be Reduced to $0 if Pending Tax Bills are Passed by Year End

As introduced, the House and Senate tax bills are projected to increase deficits and could trigger the Statutory Pay-As-You-Go Act of 2010 (the “PAYGO law”). Without any other legislation to offset the increase, required annual…more

Infrastructure, Legislative Agendas, Proposed Legislation, Public Finance, Public Projects

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When Investigations Go Wrong: Lessons From A California Court Of Appeal

Over the summer, a California court of appeal upheld a jury verdict in favor of a former senior VP who was discharged after his former employer had investigated and substantiated allegations of instructing subordinates to…more

Allegations, Appellate Courts, Corporate Counsel, Falsified Documents, Gender Discrimination

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Public Sector “Paid Union Release Time” Survives Constitutional Scare

In the public and private sectors, employers regularly include “paid union release time” within their bargaining agreements. With this practice, an employer pays certain employees their regular wages to perform services…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Compensation, Unions, Wage and Hour

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after by…more

Employment Authorization Documents (EAD), Foreign Workers, H-1B, Immigration and Nationality Act, Immigration Procedures

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[Webinar] Employment Law in the Time of COVID: Furloughs, Sick Leave, Telecommuting, & More - September 24th, 12:00 pm - 1:00 pm MT

This seminar will examine workplace legal issues in the context of the ongoing COVID pandemic. A general overview of the following topics—and how they operate during the current public health crisis--will be discussed:…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Family and Medical Leave Act (FMLA), Furloughs

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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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Colorado Issues Mask Order For Public Indoor Spaces, Including Places Of Employment

In response to the rising number of cases of COVID-19, Governor Polis issued an Executive Order requiring everyone in Colorado over ten years old to wear a mask when “entering or moving within any Public Indoor Space,” as well…more

Coronavirus/COVID-19, Executive Orders, Governor Polis, Health and Safety, Infectious Diseases

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What Nonprofit Leaders Need to Know About the Corporate Transparency Act

Organizations across the country are grappling with how to comply with the Corporate Transparency Act (“CTA”), which went into effect on January 1. Fortunately for nonprofit organizations, federally tax-exempt entities are…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Nonprofits, Reporting Requirements

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News Now: New Legislators, New Cases, And More

Happy March! Spring is right around the corner and Super Tuesday is tomorrow. Here are your public-law highlights: •Colorado’s presidential primary. Coloradans are casting their ballots in the presidential primary, which…more

Political Candidates, Primary Elections, Sexual Harassment, State and Local Government

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Executive Order On 2020 Social Security Withholdings

On August 8, 2020, President Trump issued an executive order requesting that employers stop withholding the 6.2 percent Social Security tax from certain employees’ paychecks for the remainder of 2020. The order applies to those…more

Executive Orders, IRS, Payroll Taxes, Presidential Memorandum, Social Security Taxes

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Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak. CAA…more

CARES Act, Coronavirus/COVID-19, Financial Assistance Policies, Landlords, Rental Property

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End of Line Draws Near for COVID-19 Plan Deadline Extensions

IMPORTANT UPDATE: When President Biden signed H.R. Res. 7, on April 10, 2023, the COVID-19 National Emergency officially ended immediately. This means that the “Outbreak Period” described below May Be ending earlier than July…more

COBRA, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance Portability and Accountability Act (HIPAA)

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[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

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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Supreme Court Lowers Requirements for Plaintiffs to Proceed in Discriminatory Job Transfer Cases

On April 17, 2024, the U.S. Supreme Court made it easier for workers to bring employment discrimination suits over job transfers based on sex, race, religion, or national origin. Muldrow v. City of St. Louis, Missouri involved…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Public Finance Advisory: Senate Tax Plan Diverges From House Version

On November 9, 2017, the U.S. Senate’s Joint Committee on Taxation released its Chairman’s mark of the “Tax Cut and Jobs Act,” a version of which was unveiled by the House of Representatives on November 2…more

Legislative Agendas, Municipal Bonds, Proposed Legislation, Public Finance, State and Local Government

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President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

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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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Public Health Guidance For Healthcare Providers

On April 29, 2020, Arizona Governor Doug Ducey issued an executive order allowing healthcare providers and dental offices that meet certain criteria to apply for approval to resume elective surgeries beginning on May 1, 2020. …more

Coronavirus/COVID-19, Health Care Providers, Infectious Diseases, Public Health, Re-Opening Guidelines

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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

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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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Polar Bear Sightings in Death Valley: A Nevada Court Departs from Established Understanding of Conversion Rights Under a Convertible Promissory Note

The common understanding of the right to convert debt to equity under a convertible promissory note has shifted following a Nevada county court ruling in Toptal v. Grosz. In the court’s motion granting partial summary judgment,…more

Convertible Debt, Convertible Notes, Investors, Promissory Notes, Startups

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Legal Issues With Returning To Work

Businesses reopen, employees head back to work, and all now face significant challenges under the “Safer at Home” framework. The new reality of doing business in the face of a pandemic presents nuanced and previously unforeseen…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines, Workplace Safety

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Paycheck Protection Program And Health Care Enhancement Act

On April 24, 2020, President Trump signed another economic stimulus act titled the “Paycheck Protection Program and Health Care Enhancement Act,” which is an amendment to the “Coronavirus Aid, Relief, and Economic Security Act”…more

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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

Are You & Your Business Assets Fully Protected?

Today it is more important than ever to ensure you, your company, and your business assets are fully protected from the inside out. If not, it could mean losing everything. Here’s a list of items to consider when reviewing your…more

Business Assets, Confidential Business Information (CBI), Confidentiality Agreements, Cybersecurity, Popular

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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National Labor Relations Board’s General Counsel Abruzzo Seeks to Eliminate Secret Ballot Elections

The National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, is attempting to revive unions’ ability to win recognition from employers without a secret ballot election. In a brief filed April…more

NLRB, NLRB General Counsel, Secret Ballot, Union Elections, Unions

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Exploring Copyright Boundaries: The Impact of Van Gogh-Inspired AI Art

The United States Copyright Office recently rejected Ankit Sahni's Second Request for reconsideration to register his AI-generated artwork, "Suryast." This is a unique case in the realm of AI-generated art, primarily due to the…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Machine Learning

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Financial Crimes Enforcement Network: U.S. Treasury is Monitoring Cash Residential Purchases

Starting on April 25, 2023, and ending on October 21, 2023, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) is requiring disclosure of beneficial ownership of entities that purchase residential…more

Bank Secrecy Act, Beneficial Owner, Cash Transactions, Financial Crimes, FinCEN

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Federal Reserve Announces An Expansion Of The Scope And Duration Of The Municipal Liquidity Facility

On April 27, 2020, the Federal Reserve announced an expansion of the scope as well as the duration of the Municipal Liquidity Facility (the MLF). The MLF, which was originally announced on April 9, 2020, as part of the $2.3…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Municipal Liquidity Facility (MLF), Pandemic

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Trial Court Holds That Title VII’s Religious Employer Exemption Does Not Bar A Sexual Orientation Discrimination Claim

In what appears to be the first case directly addressing the issue, a U.S. District Court judge recently ruled that Title VII’s exemption for religious employers does not bar a claim of employment discrimination based on sexual…more

Bostock v Clayton County Georgia, Civil Rights Act, SCOTUS, Sex Discrimination, Sexual Orientation

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TABOR's Tightrope: Navigating Fiscal Terrain in Colorado Contracts

The Taxpayer Bill of Rights (“TABOR”) is part of Article X of the Colorado Constitution. In general, TABOR requires voter approval before taxes can be raised by the state and local governments (collectively defined as…more

Billing, Colorado, IRS, Medicare, Public Finance

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CARES Act: Impact On Public Financial Markets

In response to COVID-19 and its impact on the economy, public health, states, local governments, individuals, and businesses, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act, more commonly referred to as…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), SBA Lending Programs

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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

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Beer Industry Update: One Key Takeaway From The 2019 Craft Brewers Conference

TTB Enforcement Steadily Increasing- Each year, the Brewers Association hosts the Craft Brewers Conference (CBC) and BrewExpo America, an industry event serving brewers, brewpubs, and packaging breweries of all sizes. More…more

Beer, Beverage Manufacturers, Breweries, TTB, Wine & Alcohol

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6th Circuit to Preside Over Federal Vaccine Mandate

Challenges to OSHA’s November 4, 2021 Emergency Temporary Standard mandating vaccines or weekly COVID-19 testing for large employers will be consolidated and heard in the 6th Circuit Court of Appeals. Although Petitions for…more

Case Consolidation, Coronavirus/COVID-19, Multidistrict Litigation, OSHA, Vaccinations

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Charities' Activities Attracting Congressional Attention

On two separate occasions in the first two months of 2024, members of Congress have invited IRS scrutiny of tax-exempt charitable organizations for activities that were perceived to be political lobbying. In January,…more

501(c)(3), Charitable Donations, Charitable Organizations, IRS, Lobbying

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Arizona Governor Issues Executive Order Prohibiting Evictions Of Certain Small Business Tenants

On April 6, 2020, Arizona Governor Doug Ducey issued Executive Order 2020-21, which prohibits landlords from evicting or taking certain other adverse actions against certain small business tenants until May 31, 2020... …more

Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction, Rental Property

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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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The NLRB’s Joint Employer Rule – Warning: Objects [of Liability] May Be Closer Than They Appear

Adding to the list of employer-punishing labor changes this year, on October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a final rule establishing a joint employer standard. The standard defines when a…more

Collective Bargaining, Compensation & Benefits, Franchises, Franchisors, Job Duties

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SEC Requires Disclosure Of Bank Loans And Privately Placed Debt By Most Issuers Of Tax-Exempt Bonds

On August 15, 2018, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (the “Rule”). The Rule, among other things, requires brokers, dealers, and…more

Amended Regulation, Amended Rules, Disclosure Requirements, Financial Obligations, MSRB

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Colorado Property Tax Appeals, Part 2

Property taxes play a crucial role in supporting our local communities. The revenue generated from property taxes goes directly toward funding public schools, county governments, special districts, municipal governments, and…more

Colorado, Homeowners, Property Owners, Property Tax, Property Valuation

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CARES Act: Key Provisions Impacting Real Estate

On March 27, 2020, President Trump signed an economic stimulus act titled the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act. The CARES Act includes economic stimulus provisions concerning an…more

CARES Act, Coronavirus/COVID-19, Mortgages, Real Estate Market

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Judge Partially Blocks EEOC's Rule Requiring Accommodations for Workers' Abortions

The Equal Employment Opportunity Commission's (EEOC) new regulations implementing the Pregnant Workers' Fairness Act (PWFA) went into effect earlier this week, but not for everyone. For a few employers, a Louisiana-based federal…more

Abortion, Catholic Church, Equal Employment Opportunity Commission (EEOC), Pregnant Workers Fairness Act, Reasonable Accommodation

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Addressing the Steel and Aluminum Tariffs in the Construction Industry

On March 8, 2018, President Trump’s administration signed two proclamations levying a twenty-five percent tariff on imported steel and a ten percent tariff on aluminum, both of which went into effect on March 23, 2018…more

Aluminum Sales, Change Orders, Construction Project, Contract Terms, Force Majeure Clause

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Colorado Legislature Proposes Bill To Extend Time For Filing Construction Defect Claims

On Monday, January 27, Democratic Senator Robert Rodriguez introduced Senate Bill 20-138, A Bill for an Act Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects. If passed, the bill…more

Construction Defects, Construction Industry, Contractors, State Legislatures

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OSHA Proposes Heat Stress Standard

On July 2, 2024, OSHA released its long-anticipated heat stress standard. It is a broad standard that, if finalized, will apply to employers in both construction and general industry. It is also a somewhat complicated standard…more

Health and Safety, Heat Exposure, NIOSH, OSHA, Workplace Safety

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9 Risk Factors To Consider When Making Digital Currency Investment Decisions

January 22, 2018 – Although 2017 was a banner year for cryptocurrencies, with numerous digital tokens yielding blockbuster returns, institutional and individual investors alike should exercise caution when investing in…more

Bitcoin, Blockchain, Cryptocurrency, Cyber Crimes, Digital Currency

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Emergency Act Signed into Law To Prevent Digital Impersonation of Certain Political Candidates

The rapid expansion of artificial intelligence deep fake technology has caused Arizona to take critical steps to help protect the integrity of upcoming elections. Calling it an “emergency measure that is necessary to preserve…more

Arizona, Artificial Intelligence, Declaratory Relief, Deep Fake, Digital Media

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[Webinar] Employment Law in the Time of COVID: Furloughs, Sick Leave, Telecommuting, & More - September 24th, 12:00 pm - 1:00 pm MT

This seminar will examine workplace legal issues in the context of the ongoing COVID pandemic. A general overview of the following topics—and how they operate during the current public health crisis--will be discussed:…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Family and Medical Leave Act (FMLA), Furloughs

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10 Tips To Preserve Insurance Coverage For COVID-19 Claims

In the midst of the COVID-19 crisis, many businesses hope (and appropriately so) that insurance—whether business interruption, event cancellation, D&O or otherwise—will step in and pay for some of those losses. However, the…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance, Infectious Diseases

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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

Employee Retirement Income Security Act (ERISA), ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

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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 »

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

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Employee Benefit Plan Changes Under The American Rescue Plan Act

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA). This Client Advisory focuses on the new mandatory and voluntary provisions for employee benefit plans and raises questions about the impact of the…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Covered Employees

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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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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

Employees On Leave? Maybe It’s Time To Check-In.

The Eighth Circuit recently served a reminder about the importance of maintaining direct contact with your employees. The employer hired a sergeant in the National Guard. The employee was deployed to Afghanistan and coordinated…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, USERRA, Wage and Hour

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Public Health Guidance For Healthcare Providers

On April 29, 2020, Arizona Governor Doug Ducey issued an executive order allowing healthcare providers and dental offices that meet certain criteria to apply for approval to resume elective surgeries beginning on May 1, 2020. …more

Coronavirus/COVID-19, Health Care Providers, Infectious Diseases, Public Health, Re-Opening Guidelines

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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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Essential Workers Exempt From Stay Home Orders

The COVID-19 pandemic is having a material impact on the businesses we rely on, our global economy, and the way we live our daily lives. Many states and cities have issued or will issue stay-at-home (or shelter-in-place) orders…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Functions, Operators of Essential Services, Shelter-In-Place

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“AI Made Me Do It” No Defense When Using Automation in Employment

After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Automated Decision Systems (ADS), Bias, Civil Rights Act

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A Changing Litigation Climate

Amid his blather during the Chiefs-Bills game on Sunday night, Tony Romo made an insightful comment. The top quarterbacks in the playoffs excel at risk management, he explained. They see risks developing before others do and…more

Carbon Emissions, Climate Change, Commercial Insurance Policies, Environmental Litigation, Environmental Policies

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New Laws Protect Homeowners in HOA Foreclosures, Regulate Metro Districts Acting as HOAs

The Colorado Legislature has taken a hard look this session at issues facing common interest communities and unit owners within them, considering several bills related to attorney fees in homeowner association ("HOA")…more

Attorney's Fees, Common-Interest Communities, Foreclosure, Homeowners, Homeowners Association (HOA)

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Federal Judge Strikes Down FTC Non-Compete Ban with National Injunction

A federal judge in Texas has struck down the Federal Trade Commission's ("FTC") new rule banning non-compete agreements for workers, preventing the rule from going into effect on September 4. In her opinion, Judge Ada Brown of…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), FTC Act, Injunctions

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TABOR's Tightrope: Navigating Fiscal Terrain in Colorado Contracts

The Taxpayer Bill of Rights (“TABOR”) is part of Article X of the Colorado Constitution. In general, TABOR requires voter approval before taxes can be raised by the state and local governments (collectively defined as…more

Billing, Colorado, IRS, Medicare, Public Finance

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

Employee Retirement Income Security Act (ERISA), ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

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Intellectual Property Update: U.S. Supreme Court: Patent Infringement Lawsuits Should Be Filed in Defendant’s State of Incorporation

On May 22, 2017, the United States Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which had held that a claim for patent infringement could be brought in nearly any federal…more

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

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SEC And MSRB Representatives Provide Commentary Regarding Continuing Disclosure In Light Of COVID-19

On March 19, 2020, the Municipal Securities Rulemaking Board (MSRB) and the Securities and Exchange Commission’s (SEC) Office of Municipal Securities hosted a webinar titled “Understanding How Continuing Disclosures Appear on…more

Disclosure Requirements, Securities and Exchange Commission (SEC)

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How the NLRB Stole Christmas: Expedited Representation Election Cases!

In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes implemented…more

Labor Relations, NLRA, NLRB, Quickie Election Rules, Union Elections

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Quarterly Regulatory Update- April 2020

Several regulatory developments that affect the municipal markets took place in the first quarter of 2020, almost all of which were informed by the COVID-19 pandemic. In my Quarterly Regulatory Update, I have summarized the most…more

Coronavirus/COVID-19, Extensions, MSRB, Municipal Advisers, Securities and Exchange Commission (SEC)

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Court of Appeals Changes Calculation of Statute of Repose

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S. This…more

Additional Insured, Appeals, Certificates of Occupancy, Construction Defects, Construction Industry

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New Board Restores Proper Joint Employer Test

Last week the newly constituted Trump Board overruled the Obama-era joint employer test that has caused confusion and legal uncertainty for many employers…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Hiring & Firing, Joint Employers, NLRA

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Appeals From PPP Forgiveness Denials

The initial frenzy of PPP loans in the spring and summer of 2020 has given way to the practical realities of the forgiveness process. For most, the forgiveness of PPP loans is a simple and straightforward exercise with lenders…more

Borrowers, CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), SBA

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Essential Workers Exempt From Stay Home Orders

The COVID-19 pandemic is having a material impact on the businesses we rely on, our global economy, and the way we live our daily lives. Many states and cities have issued or will issue stay-at-home (or shelter-in-place) orders…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Essential Functions, Operators of Essential Services, Shelter-In-Place

See all updates »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

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National Sovereignty of Territorial Airspace and the Uncertain Boundaries of Outer Space: An Untethered Balloon

Recent events surrounding Chinese “surveillance/weather/stratospheric” balloons observed over the continental United States and Latin America raise questions regarding the limitations on airspace and outer space. Air law governs…more

Airspace, China, Fédération Internationale de Natation (FINA), International Treaties, Outer Space

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9 Risk Factors To Consider When Making Digital Currency Investment Decisions

January 22, 2018 – Although 2017 was a banner year for cryptocurrencies, with numerous digital tokens yielding blockbuster returns, institutional and individual investors alike should exercise caution when investing in…more

Bitcoin, Blockchain, Cryptocurrency, Cyber Crimes, Digital Currency

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

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End of Line Draws Near for COVID-19 Plan Deadline Extensions

IMPORTANT UPDATE: When President Biden signed H.R. Res. 7, on April 10, 2023, the COVID-19 National Emergency officially ended immediately. This means that the “Outbreak Period” described below May Be ending earlier than July…more

COBRA, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Insurance Portability and Accountability Act (HIPAA)

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SCOTUS Upholds Class-Action Waivers

May employees and employers agree that any disputes between them will be resolved only through one-on-one arbitration? Today, the Supreme Court responded, “YES.” In a 5-4 decision, the Court held in Epic Sys. Corp. v. Lewis,…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Epic Systems Corp v Lewis

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Remote Notarization In Colorado

Pursuant to Colorado Statute, a document must be executed in the physical presence of a notary in order for the signature on the document to be notarized. This is true even where the document is electronically signed and…more

Colorado, Coronavirus/COVID-19, Electronic Notarization Standard, Emergency Management Plans, Governor Polis

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Arizona Governor Amends “Stay Home, Stay Healthy, Stay Connected” Order

While Arizona Governor Doug Ducey extended the majority of Arizona’s “Stay Home, Stay Healthy, Stay Connected” policy through May 15, 2020, the new executive order allows certain nonessential retailers to gradually reopen with…more

Coronavirus/COVID-19, Executive Orders, Governor Ducey, Health and Safety, Infectious Diseases

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[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate…more

Architects, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

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OSHA Update: Do Expect COVID Emergency Standard

New information from U.S. Department of Labor officials indicates that OSHA’s COVID-19 Emergency Temporary Standard (ETS) is delayed, but still on the table and under review. Pursuant to President Biden’s Executive Order, if…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Labor (DOL), Executive Orders, Joe Biden

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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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IRS Releases Interim “Fallback” Guidance For Updating Financial Instruments To Account For LIBOR And IBOR Phaseout

On October 9, 2020, the Internal Revenue Service released Revenue Procedure 2020-44 to provide guidance for the market’s transition from the U.S. Dollar based London Interbank Offered Rate and other interbank offered rates upon…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), International Tax Issues, IRS, ISDA

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Corporate Transparency Act Ruled Unconstitutional

Late on Friday, March 1, 2024, a federal judge in the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional pursuant to a Motion for Summary Judgment. Under the CTA, entities formed…more

Appeals, Article I, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements

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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 »

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a…more

Best Practices, Continuing Legal Education, Corporate Counsel, Employee Monitoring, Employer Liability Issues

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

Join Us for Our Complimentary Annual Labor & Employment Seminar! We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law…more

Artificial Intelligence, Best Practices, Colorado, Continuing Legal Education, Diversity

See all updates »

IRS Releases Interim “Fallback” Guidance For Updating Financial Instruments To Account For LIBOR And IBOR Phaseout

On October 9, 2020, the Internal Revenue Service released Revenue Procedure 2020-44 to provide guidance for the market’s transition from the U.S. Dollar based London Interbank Offered Rate and other interbank offered rates upon…more

Alternative Reference Rates Committee (ARRC), Inter-Bank Offered Rates (IBORs), International Tax Issues, IRS, ISDA

See all updates »

The Election is Coming: How will the 2024 Presidential Election Effect the M&A Market

The 2024 presidential election is right around the corner. M&A advisors prognosticate about how each election cycle will affect M&A, and 2024 is no different. Since 1996, deal volume and deal values are 8%-10% lower in…more

Interest Rates, Mergers, Presidential Elections, Private Equity, Tax Increases

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California Update: New COVID-19 Laws

In addition to recent revisions to its legal tests for characterizing works as employees or as independent contractors (blog post available here), California has passed numerous other laws to respond to the COVID-19 pandemic…more

California Family Rights Act (CFRA), Coronavirus/COVID-19, Family and Medical Leave Act (FMLA), Independent Contractors, Paid Leave

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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 »

TABOR's Tightrope: Navigating Fiscal Terrain in Colorado Contracts

The Taxpayer Bill of Rights (“TABOR”) is part of Article X of the Colorado Constitution. In general, TABOR requires voter approval before taxes can be raised by the state and local governments (collectively defined as…more

Billing, Colorado, IRS, Medicare, Public Finance

See all updates »

Department Of Labor Proposes New Default Electronic Disclosure Safe Harbor

On October 23, 2019, the Department of Labor (“DOL”) released proposed regulations titled “Alternative Method for Disclosure Through Electronic Media – Notice and Access.” The regulations propose a new alternative safe harbor…more

Department of Labor (DOL), Electronic Disclosure, Employee Benefits, Employee Retirement Income Security Act (ERISA), Safe Harbors

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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 »

Federal Judge Strikes Down FTC Non-Compete Ban with National Injunction

A federal judge in Texas has struck down the Federal Trade Commission's ("FTC") new rule banning non-compete agreements for workers, preventing the rule from going into effect on September 4. In her opinion, Judge Ada Brown of…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), FTC Act, Injunctions

See all updates »

Trial Court Holds That Title VII’s Religious Employer Exemption Does Not Bar A Sexual Orientation Discrimination Claim

In what appears to be the first case directly addressing the issue, a U.S. District Court judge recently ruled that Title VII’s exemption for religious employers does not bar a claim of employment discrimination based on sexual…more

Bostock v Clayton County Georgia, Civil Rights Act, SCOTUS, Sex Discrimination, Sexual Orientation

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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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10 Tips To Preserve Insurance Coverage For COVID-19 Claims

In the midst of the COVID-19 crisis, many businesses hope (and appropriately so) that insurance—whether business interruption, event cancellation, D&O or otherwise—will step in and pay for some of those losses. However, the…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance, Infectious Diseases

See all updates »