Sherman & Howard L.L.C.

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633 Seventeenth Street
Suite 3000
Denver, CO 80202, United States
Phone: 303.297.2900
Fax: 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

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB noted..…more
 /  Products Liability

It’s Reasonable to Employ Marijuana Users

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is…more
 /  Civil Rights, Labor & Employment Law

Grudges Are Forever

Even a gap of five years between protected conduct and an adverse action isn’t enough to show the two are not connected. In Baines v. Walgreen Co., No. 16-3335 (7th Cir. July 12, 2017), the plaintiff had worked for the employer…more
 /  Civil Rights, Labor & Employment Law

Disparagement Doesn’t Require Malice

The NLRB recently has upheld some of the most outrageous employee conduct because it viewed the conduct to be part and parcel of “protected, concerted activity”. An egregious example of this trend was the NLRB’s finding that a…more
 /  Civil Rights, Franchise Law, Labor & Employment Law

OSHA Update: OSHA Proposes Extended Deadline for Electronic Filing of Injury and Illness Reports

On June 28, 2017, OSHA proposed a five-month extension for certain employers to electronically file their 2016 OSHA 300A Annual Summary Forms with OSHA. The deadline is currently set to arrive on July 1, 2017. As proposed, the…more
 /  Labor & Employment Law

Intellectual Property Update: High Court Rules That Trademark Registration May Not Be Denied Due To Offensiveness

In an 8-0 ruling, the U.S. Supreme Court this week struck down a provision of the federal Lanham Act prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons,…more
 /  Art, Entertainment, & Sports Law, Constitutional Law, Intellectual Property

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
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, Consumer Protection

Don’t Quarrel Over Scripture

The Fourth Circuit Court of Appeals recently upheld a jury verdict in favor of the EEOC in a Title VII religious discrimination claim. At issue was the use of a biometric scanner as a time clock. EEOC v. Consol Energy, Inc. et…more
 /  Civil Rights, Labor & Employment Law

Salary Threshold Regs Un-enjoined?

Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these regulations…more
 /  Civil Procedure, Civil Remedies, Labor & Employment Law

DOL Trashes Obama-Era “Guidance”

Wednesday the DOL announced that it was withdrawing two critical pieces of “guidance” issued under the Obama administration. The first piece addressed the DOL’s rather narrow view of who is an independent contractor (S&H Blog…more
 /  Administrative Law, Franchise Law, Labor & Employment Law

Construction Advisory: Governor Signs Construction Defects Reform

On May 23, 2017, Governor Hickenlooper signed House Bill 17-1279 (“HB 1279”) into law, which applies to all construction defect actions filed on or after that date. With the adjournment of the 2017 Colorado General Assembly…more
 /  Alternative Dispute Resolution (ADR), Construction Law, Elections & Politics

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
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

OSHA to Extend Deadline for Electronic Submission of Injury and Illness Summaries

OSHA has announced that it “intends to propose extending the July 1, 2017 deadline” for the first phase of its rule requiring the electronic submission of injury and illness records…more
 /  Labor & Employment Law

4 Retaliation Lessons from Comey’s Firing

Regardless of your political views, most will agree that President Trump’s firing of F.B.I. Director James Comey was fraught with potential controversy. Employers can find at least four takeaways from what was, in short, a…more
 /  Labor & Employment Law

Spell Out Interview Results

An employer in Mississippi will face trial on a claim of race discrimination because it has not explained the interview scores two candidates received. In Calvin v. MS Dept. Rehab. Servs., Civil No. 3:15-CV-827-HTW-LRA (S.D…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law
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