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

Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more

Canada, Canadian Revenue Agency, Choice of Entity, Corporate Taxes, International Tax Issues

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 »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

See all updates »

Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more

Canada, Canadian Revenue Agency, Choice of Entity, Corporate Taxes, International Tax Issues

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 »

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

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 »

Attorney General Nixes Title VII Gender I.D. Protection

Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions…more

Civil Rights Act, DOJ, Employment Discrimination, Gender Discrimination, Gender Identity

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 »

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 »

EEOC Ain’t Over ‘Til It’s…Forever

The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice of…more

Civil Rights Act, Discrimination, EEOC, Employee Rights, Employer Liability Issues

See all updates »

#MeToo Impacts Harassment Damages/Taxes

The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes an unheralded change to the tax law that will directly affect sexual harassment settlements. As a direct result of the recent highly-publicized cases involving…more

Employer Liability Issues, Hostile Environment, New Legislation, Non-Disclosure Agreement, Settlement

See all updates »

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

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

See all updates »

Public Finance Advisory: Senate Tax Plan Diverges From House Version

On November 9, 2017, the U.S. Senate’s Joint Committee on Taxation released its Chairman’s mark of the “Tax Cut and Jobs Act,” a version of which was unveiled by the House of Representatives on November 2…more

Legislative Agendas, Municipal Bonds, Proposed Legislation, Public Finance, State and Local Government

See all updates »

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

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

See all updates »

Sherman & Howard Public Finance Advisory: UMB Bank, N.A. v. Landmark Towers Association

On Monday, December 11, 2017, the Colorado Supreme Court issued an important decision with respect to the election process that is necessary for much of Colorado public finance. The case arises out of an election held pursuant…more

Appeals, Bonds, CO Supreme Court, Condominiums, Infrastructure

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 »

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 »

Federal Subsidies on Direct-pay Taxable Bonds Could Be Reduced to $0 if Pending Tax Bills are Passed by Year End

As introduced, the House and Senate tax bills are projected to increase deficits and could trigger the Statutory Pay-As-You-Go Act of 2010 (the “PAYGO law”). Without any other legislation to offset the increase, required annual…more

Infrastructure, Legislative Agendas, Proposed Legislation, Public Finance, Public Projects

See all updates »

College Athletes (Still) Not Employees

The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law. On April 25, 2017, the Court dismissed a proposed class action brought by a former University…more

College Athletes, Educational Institutions, Employee Definition, FLSA, NCAA

See all updates »

Employers Must Start Using New Form I-9 on September 18

Beginning September 18, 2017, every U.S. employer must begin using the new Form I-9, “Employment Eligibility Verification.” The new Form contains no significant changes and both employers and employees will find it quite similar…more

E-Verify, Foreign Workers, Hiring & Firing, I-9, USCIS

See all updates »

The More Things Change… The More They Stay The Same.

On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide variety of topics under the Fair Labor Standards Act (FLSA). Such letters respond to specific questions…more

Administrative Interpretation, DOL, FLSA, Opinion Letter

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 »

Groundbreaking Discrimination Lawsuits

The EEOC filed two lawsuits today alleging – for the first time – that discrimination on the basis of sexual orientation violates Title VII. As you know, sexual orientation is not expressly protected under Title VII, so these…more

EEOC, Employer Liability Issues, LGBT, Sex Discrimination, Sexual Orientation Discrimination

See all updates »

News Now: Your One Minute Legal Insight (New Year, New Judges, New Lawsuits)

Hart appointed to the Colorado Supreme Court. Governor Hickenlooper appointed CU-Boulder law professor Melissa Hart to the state’s highest court. Colorado Matters interviewed attorney Chris Jackson about Hart’s appointment..…more

Appeals, Campaign Finance Reform, CO Supreme Court, Judicial Appointments, Pending Litigation

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 »

Public Finance Advisory: Senate Tax Plan Diverges From House Version

On November 9, 2017, the U.S. Senate’s Joint Committee on Taxation released its Chairman’s mark of the “Tax Cut and Jobs Act,” a version of which was unveiled by the House of Representatives on November 2…more

Legislative Agendas, Municipal Bonds, Proposed Legislation, Public Finance, State and Local Government

See all updates »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

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 »

Federal Contractors Beware – Part 8

On September 7, 2015, President Obama issued an executive order that will require federal contractors and subcontractors to provide their employees with up to seven or more paid sick leave days a year…more

Executive Orders, Federal Contractors, Paid Leave, Paid Sick Leave Act, Sick Leave

See all updates »

Not Just For Facebook

The issue of cross border data transfer—including employee data— that is. Four years ago, Austrian law student Max Schrems attended a semester abroad study at Santa Clara University in Silicon Valley, where he heard one of…more

Cross-Border Transactions, Data Privacy, Data Protection Authority, EU, European Court of Justice (ECJ)

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 »

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

Arbitration, Construction Defects, Construction Industry, Construction Litigation, Construction Project

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 »

DOL Doubles Back on Interns

On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press…more

DOL, Employee Definition, Employer Liability Issues, FLSA, Hiring & Firing

See all updates »

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

See all updates »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

See all updates »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

See all updates »

♫Let It Go, Let it Go♫

When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows that…more

Blogging Platforms, Corporate Counsel, Employer Liability Issues, Employment Litigation, Hiring & Firing

See all updates »

TTB Clarifies Recall Information

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published a circular clarifying its position on voluntary beverage recalls for adulterated or mislabeled products…more

Beverage Manufacturers, Product Labels, Product Recalls, TTB, Wine & Alcohol

See all updates »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

See all updates »

New Arizona Law Could Affect Homeowner Associations

Governor Ducey signed SB1350 on June 12, 2016, and it becomes effective January 1, 2017. The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and…more

AirBnB, CC&Rs, Homeowners, Homeowners Association (HOA), Local Ordinance

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 »

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

Arbitration, Construction Defects, Construction Industry, Construction Litigation, Construction Project

See all updates »

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

Arbitration, Arbitration Agreements, CO Supreme Court, Condominiums, Construction Defects

See all updates »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

See all updates »

#MeToo Impacts Harassment Damages/Taxes

The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes an unheralded change to the tax law that will directly affect sexual harassment settlements. As a direct result of the recent highly-publicized cases involving…more

Employer Liability Issues, Hostile Environment, New Legislation, Non-Disclosure Agreement, Settlement

See all updates »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

See all updates »

Court of Appeals Changes Calculation of Statute of Repose

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S. This…more

Additional Insured, Appeals, Certificates of Occupancy, Construction Defects, Construction Industry

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 »

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 »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

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 »

Gov. Christie’s Cuts in N.J.’s Mandatory Public Pension Funding Found to be Legal

A recent study estimated that state public pension plans are underfunded by $4.7 trillion (yes, that’s a “T”). Ten states have plans in which less than 30-percent of benefit obligations are funded, and only three states have…more

Appropriations Bill, NJ Supreme Court, Pension Funds, Pensions, Public Pension

See all updates »

Cheerleaders Slam NFL with Suit

Just before the Big Game, a former cheerleader for the San Francisco 49ers “Gold Rush Girls” filed a class action lawsuit against the NFL, claiming the league conspired to keep the female athletes’ pay below market value…more

Cheerleaders, Class Action, Gender-Based Pay Discrimination, NFL, Pay Equity Laws

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 »

Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare Solutions,…more

Advertising Injury, Class Action, Commercial General Liability Policies, Cyber Insurance, Data Breach

See all updates »

Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was…more

Construction Industry, Construction Project, Real Estate Development

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 »

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

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

See all updates »

Federal Subsidies on Direct-pay Taxable Bonds Could Be Reduced to $0 if Pending Tax Bills are Passed by Year End

As introduced, the House and Senate tax bills are projected to increase deficits and could trigger the Statutory Pay-As-You-Go Act of 2010 (the “PAYGO law”). Without any other legislation to offset the increase, required annual…more

Infrastructure, Legislative Agendas, Proposed Legislation, Public Finance, Public Projects

See all updates »

The Changed NLRB Reasonably Defines “Change”

The new National Labor Relations Board (“NLRB” or “Board”) reversed another Obama Board decision on Friday. In Raytheon Company, 365 NLRB No. 161 (December 15, 2017), the Board returned to long standing precedent that the…more

Collective Bargaining Agreements (CBA), DuPont, Employment Contract, NLRB, Raytheon

See all updates »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

See all updates »

Court of Appeals Changes Calculation of Statute of Repose

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S. This…more

Additional Insured, Appeals, Certificates of Occupancy, Construction Defects, Construction Industry

See all updates »

New Board Restores Proper Joint Employer Test

Last week the newly constituted Trump Board overruled the Obama-era joint employer test that has caused confusion and legal uncertainty for many employers…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Hiring & Firing, Joint Employers, NLRA

See all updates »

Breaking: D.C. Circuit Upholds Silica Standard

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard…more

Administrative Procedure Act, Appeals, Construction Industry, Employer Liability Issues, Hazardous Substances

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

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 »

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 »

Parental Leave Precautions

Last week, Coca-Cola announced that many new parents at the company (domestic non-bargaining employees) will soon be eligible for six weeks of paid leave. The benefits, which supplement existing short-term disability benefits…more

Coca Cola, FMLA, Parental Leave, Pregnancy Disability Leave Law, Title VII

See all updates »

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 »

President Trump Signs Tax Act; Makes Legislation Official

On December 20, 2017, Congress passed the “Tax Cuts and Jobs Act” (the “Tax Act”) under its power to reconcile the 2018 federal budget. The President signed the Tax Act into law on December 22, 2017…more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, Municipal Bonds, New Legislation

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 »

Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare Solutions,…more

Advertising Injury, Class Action, Commercial General Liability Policies, Cyber Insurance, Data Breach

See all updates »

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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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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Late Limit on Bonus Plan Has No Effect

The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will…more

Appeals, At-Will Employment, Bonuses, Contract Formation, Contract Terms

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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, Insurance Industry, Insureds, Notice Prejudice Rule

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