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

Bitcoins, IRS, Legal Perspectives, Virtual Currency

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Lakewood Passes Construction Defect Action Reform

On October 13, 2014, Lakewood’s City Council passed Ordinance O-2014-21, which reforms the process for handling construction defect claims on condominium projects in the City of Lakewood. The ordinance has three primary goals:…more

Arbitration, CC&Rs, Condominiums, Construction Contracts, Construction Defects

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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

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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The 2014 Colorado Legislative Session in Review

The 2014 Colorado legislative session adjourned on May 7, 2014. The legislature tweaked several pre-existing employment laws but steered away from major changes to the employment relationship in Colorado. Below is a summary of…more

ADA, Disability, Disability Discrimination, Employee Rights, Employer Liability Issues

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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

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Will EEOC’s New Wellness Regs Make You Sick?

The EEOC has broadcast proposed regulations on wellness programs. In short, the proposed regs attempt to reconcile Obamacare provisions encouraging wellness programs, the ADA’s approval of medical examinations that are truly…more

ADA, Affordable Care Act, EEOC, Employer Liability Issues, Hiring & Firing

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Congress Exempts Condominiums from Interstate Land Sales Registration Requirements

In a major break-through for condominium developers, on September 18, 2014, the United States Senate voted unanimously to adopt an amendment to the Interstate Land Sales Full Disclosure Act (often called “ILSA”) that will exempt…more

Condominium Associations, Condominiums, Disclosure Requirements, ILSA

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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 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

Act 10, 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, Insureds, Insurers, 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 »

Sherman & Howard Construction Monitor Spring 2015

In this issue: - Senate Bills Tackle Construction Defect Litigation Reform - Potential Source of Lawful Labor Delayed or Halted - Excerpt from Senate Bills Tackle Construction Defect Litigation…more

Condominiums, Construction Defects, Construction Industry, Pending Legislation, 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

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 »

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

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Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and on…more

Employee Privacy Rights, Facebook, Hiring & Firing, Law Enforcement, Public Employees

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General Contractor, Not Employer

JP Cullen was the general contractor on a public renovation project. A subcontractor, EMI, hired its own subcontractors, including UCI. JP Cullen gave UCI work orders, and UCI passed those orders on to its employee, Walter Love…more

Economic Realities Test, General Contractors, Public Works, Race Discrimination, Subcontractors

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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 »

Lakewood Passes Construction Defect Action Reform

On October 13, 2014, Lakewood’s City Council passed Ordinance O-2014-21, which reforms the process for handling construction defect claims on condominium projects in the City of Lakewood. The ordinance has three primary goals:…more

Arbitration, CC&Rs, Condominiums, Construction Contracts, Construction Defects

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How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including…more

ADA, Decriminalization of Marijuana, Hiring & Firing, Law Matters, Legal Perspectives

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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

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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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Employees May Use Email For Union Activity

The NLRB says its 2007 decision in Register Guard was “clearly incorrect.” Employers cannot prohibit employee use of employer email for union and other protected communications. In other words, employer policies that prohibit…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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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

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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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Sherman & Howard Construction Monitor Spring 2015

In this issue: - Senate Bills Tackle Construction Defect Litigation Reform - Potential Source of Lawful Labor Delayed or Halted - Excerpt from Senate Bills Tackle Construction Defect Litigation…more

Condominiums, Construction Defects, Construction Industry, Pending Legislation, Real Estate Development

See All Updates »

OSHA Issues Controversial Procedures to Deal with New Reporting Requirements

As most employers are aware, OSHA’s new reporting requirements took effect January 1, 2015. Now, OSHA must be notified anytime there is a workplace fatality, an in-patient hospitalization, an amputation, or an eye loss. These…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting 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 »

OSHA Issues Controversial Procedures to Deal with New Reporting Requirements

As most employers are aware, OSHA’s new reporting requirements took effect January 1, 2015. Now, OSHA must be notified anytime there is a workplace fatality, an in-patient hospitalization, an amputation, or an eye loss. These…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting 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

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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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OSHA Update: Legal Privileges Can Shield Accident Reports and Safety Audits from Disclosure

Written accident and incident investigations, as well as comprehensive safety and health compliance audits, are essential components of an effective safety and health program. Unfortunately, OSHA has often pursued accident…more

Audits, Bodily Injury, Disclosure, Employer Liability Issues, MSHA

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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 »

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 »

It’s Never Too Late To Take Corrective Action On A Discrimination Claim

Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers Mut…more

Discrimination, Sex Discrimination

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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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Tactics Kill Arb Agreement

In Roe v. SFBSC Management, LLC, No. 14-cv-03616 (N.D. Cal. Mar. 2, 2015), a federal district court in California rejected a night club’s attempt to compel arbitration by a class of performers who claimed they were misclassified…more

Adult Entertainment, Arbitration, Arbitration Agreements, Employer Liability Issues, Independent Contractors

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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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Update On Coverage For Colorado Construction Defects – TCD & Colorado Pool

Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers' assault on construction…more

Commercial General Liability Policies, Construction Defects, Faulty Workmanship, Occurrence

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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

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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 »

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 Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management jointly…more

Ambush Election Rules, Chamber of Commerce, Due Process, Human Resources Professionals, Manufacturers

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Sherman & Howard Construction Monitor Spring 2015

In this issue: - Senate Bills Tackle Construction Defect Litigation Reform - Potential Source of Lawful Labor Delayed or Halted - Excerpt from Senate Bills Tackle Construction Defect Litigation…more

Condominiums, Construction Defects, Construction Industry, Pending Legislation, Real Estate Development

See All Updates »

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 Issues Controversial Procedures to Deal with New Reporting Requirements

As most employers are aware, OSHA’s new reporting requirements took effect January 1, 2015. Now, OSHA must be notified anytime there is a workplace fatality, an in-patient hospitalization, an amputation, or an eye loss. These…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting 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 »

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 »

Unreasonably Sporadic Telecommuting

One year ago, we reported on the Sixth Circuit’s ruling that telecommuting could be a reasonable accommodation for a resale steel buyer at Ford suffering from irritable bowel syndrome. There, the employee requested to…more

ADA, EEOC, Essential Functions, Ford Motor, Reasonable Accommodation

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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 »

Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and on…more

Employee Privacy Rights, Facebook, Hiring & Firing, Law Enforcement, Public Employees

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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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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Exempt or Not? Service Advisors

The Fair Labor Standards Act (“FLSA”) requires payment of a minimum hourly wage and overtime, unless an employee fits within one of many exemptions. In some parts of the United States, courts had ruled that automobile service…more

Automotive Industry, Car Dealerships, Exempt-Employees, FLSA, Wage and Hour

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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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A Court Abandons Horton

In February 2013, we reported on a federal court in Idaho that followed the NLRB’s D.R. Horton decision and ruled that agreements to arbitrate all claims solely on an individual basis were unenforceable. Here’s the rest of the…more

Arbitration, Class Action, Class Action Arbitration Waivers, D.R. Horton v NLRB, Employer Liability Issues

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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, Insureds, Insurers, 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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