Sherman & Howard L.L.C.

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

  • 303.297.2900
  • 303.298.0940

Senate Bills Tackle Construction Defect Litigation Reform

Two bills recently introduced in the Colorado Senate propose to change Colorado’s construction defect claims process. If passed, Senate Bill 15-177 would amend Colorado’s Common Interest Ownership Act, C.R.S. §…more
| Alternative Dispute Resolution (ADR), Construction Law, Real Estate - Residential

NLRB Subpoena Benchslap

A Circuit Court has un-tipped the NLRB’s scales in a refusal-to-bargain case. Ozark Auto. Distribs., Inc. v. NLRB, No. 11-1320 (D.C. Cir. February 10, 2015). An employer lost a tight union election and contested the election…more
| Labor & Employment Law

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
| Civil Rights, Labor & Employment Law

Alcoholism Still “Current” After 1 Week

A commercial truck driver’s week-old release from alcoholism treatment meant he had a “current” diagnosis of alcoholism. Jarvela v. Crete Carrier Corp., No. 13-11601 (11th Cir. Jan. 28, 2015). The employer required its drivers…more
| Civil Rights, Labor & Employment Law

Rescission of Home Mortgage Loans

The Truth-in-Lending Act (“Act”) was adopted in 1969. It has spawned dozens of lawsuits and hundreds of administrative rules and interpretations. Recently, the United States Supreme Court had an opportunity to address the…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

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
| Civil Procedure, Communications & Media Law, Constitutional Law, Labor & Employment Law, Privacy

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
| Civil Procedure, Constitutional Law, Labor & Employment Law

No Names Please

When you file SEC reports, do you report litigation risks? Do you name employees involved? An employer is headed to trial over whether it retaliated against a former employee by stating her name in SEC filings as the Charging…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law

Temporary Federal Immigration Relief May Help Address Construction Labor Shortages

U.S. Work Authorization to Be Available - A new recruitment source may soon be available to employers for additional workers to do construction or other work. Up to 4 or 5 million presently undocumented people from other…more
| Construction Law, Elections & Politics, Labor & Employment Law, Immigration Law

Santa Gives EEOC a Gift—For Now

We previously reported on a case where the EEOC was hit with a $4.7 million judgment in attorneys’ fees and costs for pursuing a frivolous class action. (See blog post EEOC Silent on Sanctions) This week the Eighth Circuit Court…more
| Administrative Law, Civil Remedies, Labor & Employment Law

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
| Labor & Employment Law

NLRB to Re-Hear Labor Arbs

Another NLRB bombshell. The NLRB used to “defer” statutory issues to arbitration. For example, if an employer and union arbitrated the issue of an employee’s discharge for good cause, the NLRB would not then prosecute an unfair…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Federal Contractors Beware – Part 7

In response to President Obama’s July 2014 Executive Order discussed here, on December 3, 2014, the Department of Labor announced a new rule prohibiting discrimination by federal contractors on the basis of gender identity or…more
| Civil Rights, Labor & Employment Law, Government Contracting

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
| Labor & Employment Law

NLRB “Modernizes” Procedures

The NLRB has adopted comprehensive changes to the procedures for representation elections under the NLRA. Some changes, such as the ability to file documents electronically, clearly bring Board election procedures into this…more
| Labor & Employment Law
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Areas of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
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  • Taxation
  • Wills, Trusts, & Estate Planning
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Other U.S. Locations
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  • New Mexico
Number of Attorneys

100+ Attorneys

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