Sherman & Howard L.L.C.

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

  • 303.297.2900
  • 303.298.0940

Reminder: September 9th Effective Deadline for Issuers and Underwriters to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative

If your organization has participated in a municipal bond or other municipal security financing in the past five years, you should be aware of the Securities and Exchange Commission’s (“SEC”) Municipalities Continuing Disclosure…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Nonprofit Law

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
| Civil Rights, Labor & Employment Law

Class Claim Arbitration Waivers Win Big in Ninth Circuit

In two cases from the Ninth Circuit Court of Appeals on June 23, 2014, arbitration agreements won big on the class-claims waiver issue. This is good news for the employers operating in the Ninth Circuit, and California in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

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
| Antitrust & Trade Regulation, Civil Remedies, Finance & Banking, Real Estate - Residential

Affordable Care Act Update: Final Regulations Assist Employers With Identifying Full-Time Employees and Reporting Requirements

Earlier this year, the IRS issued final regulations implementing the employer shared responsibility provisions (the “Pay-or-Play Mandate”) of the Patient Protection and Affordable Care Act (“PPACA”). We issued a Client Advisory…more
| Labor & Employment Law, Health, Taxation

“Mark of the Beast” Claim Busts

In Yeager v. FirstEnergy Generation Corp., No. 5:14cv-567 (N.D. Ohio June 27, 2014), a plaintiff asserted a religious discrimination claim for refusal to hire. In the complaint, he alleged he was not hired because he refused to…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Labor & Employment Law

California Almost Goes Along on Class Waivers

The California Supreme Court has ruled that class action waivers in employment arbitration agreements are enforceable – with one gaping exception. Iskanian v. CLS Transportation Los Angeles, L.L.C., S204032 (Cal. June 23, 2014)…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

Radical Shift Coming In Public Sector Agency Fees

On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public…more
| Constitutional Law, Labor & Employment Law

Supremes Strike Down ACA Contraception Regs

In a highly controversial, but very specific ruling, the Supreme Court struck down Obama administration regulations requiring for-profit corporations to provide insurance coverage for certain forms of contraception. The case…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health

Waiving Statutory Foreclosure Provisions

The recently issued opinion of the Colorado Court of Appeals, in Armed Forces Bank v. Hicks, 2014 COA 74. No. 13CA0875 (June 5, 2014), is significant for commercial real estate lenders. In Hicks, the Bank was the…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Commercial

The Supreme Court Unanimously Strikes Down NLRB Recess Appointments

The Supreme Court yesterday issued the long-anticipated decision in NLRB v. Noel Canning, unanimously affirming the D.C. Court of Appeals’ decision declaring President Obama’s recess appointment of NLRB Members Griffin, Flynn,…more
| Constitutional Law, Elections & Politics, Labor & Employment Law

News Flash: ESOP Fiduciaries May Obey the Law

The U.S. Supreme Court ruled in Fifth Third Bancorp et al. v. Dudenhoeffer, No. 12-751 (U.S. June 25, 2014), that no special presumption of prudence applies to the decision by ESOP fiduciaries to buy and hold stock of the…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split among…more
| Civil Remedies, Labor & Employment Law

Supremes Benchslap President

This morning the U.S. Supreme Court handed down a decision that has widespread impact on the Obama Administration’s labor agenda, as well as the NLRB’s recent attempts to grossly expand its authority. NLRB v. Noel Canning, No…more
| Civil Procedure, Constitutional Law, Elections & Politics, Labor & Employment Law
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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
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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