Otten Johnson Robinson Neff + Ragonetti PC

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete… more

Competition, Employer Responsibilities, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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David Brewster

Changes to the Colorado Security Deposit Statute to take Effect January 1, 2026

On June 3, 2025, Governor Jared Polis signed House Bill 25-1249 (“HB 25-1249”) into law, enacting sweeping changes to Colorado’s statute governing security deposits (C.R.S. 38-12-103 or the “Security Deposit Statute”). These… more

Colorado, Commercial Leases, Landlords, New Legislation, Notice Requirements

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Diana Caruso Jenkins

National Zoning Atlas: Colorado Report Updated

The National Zoning Atlas (NZA) team is digitizing, demystifying, and democratizing information about zoning conditions in more than 33,000 jurisdictions in the United States. Fully comprehending the zoning conditions of a… more

Accessory Dwelling Units (ADUs), Affordable Housing, Land Use Restrictions, Multi-Family Housing, Municipalities

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Cindy Ureno

Three Lease Clauses Denver Landlords Should Review as Sublease Activity Slows

After several years of high sublease activity, Denver’s office market is showing signs of stabilization. According to Cushman & Wakefield’s Q3 2025 Denver Office MarketBeat, total sublease availability in Metro Denver in Q3… more

Automatic Renewals, Commercial Leases, Commercial Real Estate Market, Contract Drafting, Contract Negotiations

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Michael Davidson

Additional Restrictions on Colorado Non-Compete Agreements Take Effect on August 6, 2025

With the recent passage of Senate Bill 25-083, Colorado continues its trend of restricting the application of non-compete agreements in the state. The new law (i) adds certain prohibitions on when non-compete agreements can be… more

Acquisitions, Buy-Sell Agreements, Colorado, Employment Contract, Health Care Providers

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Danielle De Santis

Denver Announces a Middle Income Housing Pilot Program

Denver’s Department of Housing Stability (“HOST”) and Denver Housing Authority (“DHA”) are partnering to pilot a program aimed at spurring development of middle-income housing. As reported in the Denver Post, Denver Mayor Mike… more

Affordable Housing, Colorado, Construction Industry, Housing Developers, Municipalities

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Rachel DeSimone

CTA Enforcement Remains Paused Following Supreme Court Ruling Granting Stay of Injunction

On January 23, 2025, the Supreme Court of the United States granted the federal government’s motion to stay the nationwide injunction preventing enforcement of the Corporate Transparency Act (the “CTA”) entered by the United… more

Anti-Money Laundering, Appeals, Beneficial Owner, Business Entities, Compliance

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Patrick Fagan

Colorado’s HB25-1004: Banning Algorithmic Rent-Setting Vetoed by Governor Polis

In May 2025, the Colorado legislature approved House Bill 25-1004 (“HB25-1004”), titled “No Pricing Coordination Between Landlords,” a groundbreaking piece of legislation aimed at prohibiting the use of certain algorithmic tools… more

Affordable Housing, Algorithms, Antitrust Litigation, Antitrust Violations, Colorado

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Jessie Fischer

Denver Voters Will Decide Whether to Authorize General Improvement District to Fund Safety and Cleanliness Initiatives Along South Broadway

Colorado statutes authorize the formation of districts that impact the day-to-day lives of most Coloradoans. There are various types of districts, including metropolitan districts, stadium districts, business improvement… more

Ballot Measures, Colorado, Infrastructure, Municipalities, Property Owners

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Noah Grolnick

Airbnb Sues Colorado Over $10.5 Million Tax Bill on Guest Fees

Customers booking accommodations through Airbnb pay two charges, a “Nightly Rental Charge,” which is paid to the property owner, and a “Guest Fee,” which is retained by Airbnb. Airbnb recently sued the Colorado Department of… more

AirBnB, Appeals, Fees, Internet Tax Freedom Act, Online Platforms

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Nicholas Gunther

Court of Appeals: Contractual Attorney Fees Provision Awards “Fees on Fees”

Colorado, like most states, follows the “American Rule,” which requires parties to a lawsuit to pay their own legal expenses. There is a significant exception though, if the parties agree, in a contract clause known as a… more

Appellate Courts, Breach of Contract, Colorado, Commercial Leases, Commercial Litigation

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Alyssa Knutson

Denver Proposes to Eliminate All Minimum Vehicle Parking Requirements

The City of Denver (“Denver”) released the first draft of its proposed amendment to the Denver Zoning Code (“Zoning Code”) known as Modernizing Parking Requirements Text Amendment (“Text Amendment”), in which it proposes… more

Affordable Housing, Colorado, Community Development, Housing Market, Local Ordinance

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Bill Kyriagis

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law. This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of Civil… more

Affordable Housing, Colorado, Construction Project, Land Developers, Land-Use Permits

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Lindsay Lyda

Denver Proposes to Eliminate All Minimum Vehicle Parking Requirements

Affordable Housing, Colorado, Community Development, Housing Market, Local Ordinance

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Klay McDowall

New Energize Denver Rules and Regulations

New Energize Denver Rules and Regulations - In 2023, the City and County of Denver (the “City”) adopted its first set of rules and regulations related to the City’s goal of reaching net-zero greenhouse gas emissions by 2040… more

Benchmarking, Climate Change, Colorado, Energy Efficiency, Energy Policy

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Andrew Peters

U.S. Supreme Court: Legislative Impact Fees Can Be Unconstitutional Exactions Too

Last week, the United States Supreme Court issued its opinion in Sheetz v. County of El Dorado, California, in which the Court held that for the purpose of a takings claim there is no distinction in whether permit conditions are… more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

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Ashley Ravn

Department of Local Affairs Announces High Level of Local Government Compliance with Colorado’s Strategic Growth Legislation

To address the housing shortage in Colorado, Governor Jared Polis signed Executive Order D 2025 005 (“EO”). This EO, among other things, directs state agencies to determine whether Local Governments are compliant with recently… more

Accessory Dwelling Units (ADUs), Affordable Housing, Colorado, Community Development, Executive Orders

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Laura Salter

HB25-1090 and the Ratio Utility Billing System (RUBS)

On September 24, 2025, we posted an alert covering the basics of HB25-1090 (the “Bill”), which prohibits charging residential tenants hidden or “junk fees” and promotes transparency, disclosure, and limited markups on a… more

Colorado, Disclosure Requirements, Fees, Landlords, New Legislation

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Amanda Smith Greenberg

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other standalone… more

Commercial Leases, Commercial Real Estate Market, Contract Terms, Financing, Interest Rates

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Jed Sonnenshein

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and Expand Plaintiffs’ Rights

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of potential… more

Affordable Housing, Colorado, Condominiums, Construction Contracts, Construction Defects

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Seth Weiland

Explaining the New Governmental ROFR and ROFO in Colorado Applicable to Select Multifamily Properties

As of August 7, 2024, owners of for-rent affordable housing properties in Colorado consisting of five units or more and owners of for-rent market-rate multifamily properties in Colorado consisting of between 15 and 100 units… more

Affordable Housing, Colorado, Housing Market, Multi-Family Development, Property Owners

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Brett Williams

Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence… more

Acquisition Agreements, Acquisitions, Buyers, Due Diligence, Insurance Industry

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