Author Info for Brownstein Hyatt Farber Schreck

Steven Abelman

A Possible, But Narrow, Path for Cannabis in Bankruptcy Court

A recent U.S. bankruptcy court opinion out of the Central District of California may have cracked the door open for companies formerly tied to the cannabis industry to pursue legal strategies using bankruptcy. Federal…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Commercial Bankruptcy, Creditors

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Jena Acos

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and…more

CA Supreme Court, California, Infrastructure, Infrastructure Financing, Legislative Agendas

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Pacifico Agnellini

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding the…more

Criminal Prosecution, Department of Justice (DOJ), Gambling, Lottery, Office of Legal Counsel (OLC)

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Adam Agron

DOJ and SEC Release Long-Awaited FCPA Resource Guide

On November 14, 2012, the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) released their long-anticipated guidance on the U.S. Foreign Corrupt Practices Act (FCPA), entitled A Resource Guide to the…more

Compliance, Department of Justice (DOJ), FCPA Resource Guide, Foreign Corrupt Practices Act (FCPA), Securities and Exchange Commission (SEC)

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Peter Ajemian

Spring Cleaning for Your Trademark Portfolio

Spring is an opportune time to dust off your trademark portfolio and give it a thorough cleaning. Ideally, brand owners should audit their trademark assets on an annual basis with the primary goal of identifying and resolving…more

Trademark Registration, Trademarks

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Nicole Ament

Five Tips for Successful Recreation Asset Deals on Federal Land

Asset sales involving the disposition of recreation-focused businesses on federal lands, including ski areas and guiding companies, require the buyer to obtain a new Special Use Permit (SUP) from the U.S. Forest Service (USFS)…more

Bureau of Land Management, Conservation, Federal Land, Forest Service, Government Land

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Brandt Anderson

Defense Prepares for Changes Under Trump Administration

With an impending Republican leadership trifecta under President-elect Donald Trump, the GOP will be the primary drivers of defense policy and spending until at least fiscal year 2027 (FY27). This is projected to result in a…more

Congressional Oversight, Cybersecurity, Defense Contracts, Defense Costs, Defense Sector

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Alexis Anicama

Education Priorities in State of the Union Address

President Joe Biden delivered his third State of the Union address on March 7, just days after the Super Tuesday primary elections cemented him and former President Donald Trump as the presumptive nominees for their respective…more

Biden Administration, Education Reform, Educational Institutions, State of the Union, Student Loans

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Matthew Arentsen

CFPB and FHFA on List of Agencies to See Course Change Under Trump

As we continue to analyze the strength of former President Trump’s red wave, one thing is clear: a number of federal agencies are poised for a major shift in their rulemaking agendas, priorities, staffing and approach to…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), FHFA, Financial Institutions

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David Arrajj

Nevada Gaming Commission Nightclub Regulations Could Have an Impact Far Beyond Nightclubs

Nevada has a new law effective July 1, 2015, Senate Bill 38 (“SB 38”), ostensibly designed to address recurrent drug use, prostitution, sexual assault, and other crimes at Las Vegas’s night clubs and pool venues. But SB 38…more

Adult Entertainment, Gaming, Gaming Commissions, Licensing Rules, Nightclubs

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David Atkinson

Supreme Court: Copying APIs in Software Can Be Fair Use

Intellectual property protection for software has long been a concern, both for innovators seeking to protect their work as well as innovators seeking to make use of existing works for further development. The shifting landscape…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google LLC v Oracle America Inc

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Sarah Auchterlonie

CFPB Classifies Data Brokers as Credit Reporting Agencies in New Proposal

On Dec. 3, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would treat data brokers as credit reporting agencies, subjecting them to requirements under the Fair Credit Reporting Act (FCRA)…more

Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Data Brokers, Data Controller, Debt Collection

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Mae Babbington

Trump’s Alliance with RFK Jr. Indicates Realignment of Priorities for HHS in Second Term

As former President Donald Trump has clinched a second term with a victory, his health care priorities will differ somewhat from his first term, which focused heavily on repealing and replacing the Affordable Care Act (ACA)…more

Affordable Care Act, Department of Health and Human Services (HHS), Drug Pricing, Health Insurance, Healthcare

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Elaine Bailey

Opportunities and Obstacles When Converting a Building from Hotel or Office Use to Multifamily

Among many challenges brought about by COVID-19, changing community needs have illuminated growing underutilization and vacancy among commercial buildings. With the recent drop in hotel occupancy and office tenants reconsidering…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Landlords

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Tarah Bailey

Colorado Passes Six Land Use Bills Designed to Spur Development and Affordable Housing

Six land use bills passed the Colorado legislature before it adjourned, five of which Gov. Jared Polis has signed into law as of the date of publication. These bills will bring changes to housing development in Colorado with the…more

Affordable Housing, Colorado, Governor Polis, Legislative Agendas, Real Estate Development

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Courtney Bartkus

CFPB Releases Proposal to Remove Medical Debt from Credit Reports

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would introduce sweeping changes to the process of medical debt credit reporting and the use of information related to the nonpayment of…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Rosa Baum

Ballotpalooza: A Summary of the Ballot Measures on Colorado’s 2024 Ballot

The election is upon us. Colorado’s ballots were placed in the mail this past Friday. This follows the mailing of the Colorado Blue Book. This booklet, which is filled with information regarding the questions and ballot measures…more

Ballot Measures, Ballots, Colorado, Legislative Agendas, State Elections

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Rosemary Becchi

FTC to Shift Rulemaking Priorities in the Trump Administration

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down in…more

Antitrust Provisions, Cancellation Rights, Data Privacy, Federal Trade Commission (FTC), Non-Compete Agreements

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Mark Begich

The Credit Box Conundrum: When Math and Politics Clash

The nation’s health crisis is our collective primary concern, but a financial crisis of unparalleled proportions is close on its heels. A significant number of household brand companies that are deeply woven into the fabric of…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Richard Benenson

CFPB and FHFA on List of Agencies to See Course Change Under Trump

As we continue to analyze the strength of former President Trump’s red wave, one thing is clear: a number of federal agencies are poised for a major shift in their rulemaking agendas, priorities, staffing and approach to…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), FHFA, Financial Institutions

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Gregory Berger

Summary and Analysis: White House FY2024 Budget Request Tax Proposals

On Thursday, March 9, President Joe Biden released his $6.9 trillion Budget and various accompanying documents. Separately, the Treasury Department released its Green Book, which provides more detailed descriptions of the tax…more

Biden Administration, Federal Budget, Federal Funding, Infrastructure, IRS

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Melissa Kuipers Blake

FTC to Shift Rulemaking Priorities in the Trump Administration

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down in…more

Antitrust Provisions, Cancellation Rights, Data Privacy, Federal Trade Commission (FTC), Non-Compete Agreements

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Justin Bogda

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

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Andrew Brignone

Catch-Up Contributions: Breathe a Sigh of Relief

On Friday, Aug. 25, 2023, the IRS released Notice 23-62, which (i) clarifies that plan sponsors may continue to allow participant “age 50” catch-up contributions after Dec. 31, 2023, and (ii) delays implementation of the…more

401k, Benefit Plan Sponsors, Employee Benefits, Employer Contributions, Individual Retirement Account (IRA)

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John Broadbent

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended…more

Antitrust Investigations, Antitrust Provisions, Board of Directors, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Gregory Brower

The Congressional Review Act: What It Is and How It Might Be Used in the 119th Congress

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for the first time since 2018. This new power dynamic in Washington has already…more

Administrative Procedure Act, Congressional Review Act, Consumer Financial Protection Bureau (CFPB), Department of Agriculture, Department of Health and Human Services (HHS)

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Norman Brownstein

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

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Jason Buckner

President Biden to Sign Executive Order Banning Imports of Russian Oil, Liquefied Natural Gas, and Coal

On Tuesday, March 8, the White House announced it was further strengthening the sanctions on Russia, with President Biden scheduled to sign an Executive Order (EO) banning U.S. imports of Russian oil, liquefied natural gas…more

Biden Administration, Coal, Executive Orders, Foreign Policy, Oil & Gas

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Adam Bult

New Nevada Wage Laws Will Impact Public Works Contractors

Public works projects are a significant source of work for Nevada construction contractors. As the new year approaches, public works contractors will need to adjust their hiring and recordkeeping practices for each project to…more

Construction Industry, Construction Project, Hiring & Firing, Prevailing Wages, Public Works

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Richard Burness

Ways and Means Committee Republicans Release Pillar Two Remedies Proposal

House Ways and Means Committee Chairman Jason Smith (R-MO) and committee Republicans released legislation on May 25, 2023, in response to the Pillar Two global minimum tax negotiated by the Organisation for Economic Co-operation…more

Corporate Taxes, Foreign Corporations, Foreign Nationals, Foreign Policy, Income Taxes

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Nichole Burnett

Denver’s Affordable Housing Prioritization Policy: What Is It and Where Does It Apply?

Following the City and County of Denver’s (“City”) establishment of the Expanding Housing Affordability Ordinance (“EHA”), the City’s Department of Housing Stability (“HOST”) proposed a new policy focused on challenging…more

Affordable Housing, Colorado, Housing Market, Low Income Housing, Low-Income Issues

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Geoffrey Burr

FTC Concludes its "Junk Fee" Crackdown

On Dec. 17, the Federal Trade Commission (FTC) issued a final rule to limit certain industries’ use of so- called “junk fees,” concluding a rulemaking process that began in 2022 and ultimately drew over 72,000 public comments…more

Excessive Fees, Federal Trade Commission (FTC), Fees, Final Rules, Financial Services Industry

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Eric Burris

CFPB Flexes Nonbank Supervisory Authority—State AG Targets Should Take Note

For the first time in its history, the Consumer Financial Protection Bureau recently invoked supervisory authority over a nonbank lender, World Acceptance Corp., one of the largest small-dollar installment lenders in the…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Financial Institutions, Financial Regulatory Reform

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Samantha Carl-Yoder

Recapping China Week

Last week, the House held its long-awaited “China Week” to vote on a series of legislation targeting various aspects of the U.S.-China relationship. The bills targeted national security, economic relations, technology, the…more

China, Cross-Border, Export Controls, Exports, Foreign Investment

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Mack Carlson

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

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James Carter

Energy Mandates Could Squelch Colorado’s Already-Struggling Real Estate Industry

Commercial and multifamily residential property owners throughout Colorado will have to contend with aggressive new energy reduction mandates—and the onerous costs and deadlines that come with them…more

Colorado, Commercial Property Owners, Energy Reform, Energy Sector, Property Owners

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Katelyn Castaneda

Wyoming 2024 Primary Legislative Election Results Roundup

Wyoming held its primary elections on Aug. 20, 2024. At the statewide level, U.S. Sen. John Barrasso (R-WY) and U.S. Congresswoman Harriet Hageman (R-WY) easily secured victories in their races. Barrasso has served in the U.S…more

Election Results, Legislative Agendas, Local Elections, Political Candidates, Primary Elections

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Travis Chance

High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled

The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Motion To Stay, Motions to Stay Proceedings

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Dustin Charapata

Five Tips for Successful Recreation Asset Deals on Federal Land

Asset sales involving the disposition of recreation-focused businesses on federal lands, including ski areas and guiding companies, require the buyer to obtain a new Special Use Permit (SUP) from the U.S. Forest Service (USFS)…more

Bureau of Land Management, Conservation, Federal Land, Forest Service, Government Land

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Catherine Charles

California Ballot Measures: Where Do We Stand?

The March 5 primary is right around the corner in California. Headlining the ballot—alongside a slate full of legislative Democrat-on-Democrat primary battles reflecting significant turnover due to term limits—is Proposition 1…more

Affordable Housing, Ballot Measures, California, Governor Newsom, Marriage Equality

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Reily Christian

Biden Ups the Ante on China Tariffs

Yesterday, following the completion of the Section 301 review by the Office of the U.S. Trade Representative (USTR), President Joe Biden announced a series of tariff hikes on a wide range of Chinese goods, including…more

Biden Administration, China, Foreign Investment, National Security, Supply Chain

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David Cohen

CFPB Classifies Data Brokers as Credit Reporting Agencies in New Proposal

On Dec. 3, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would treat data brokers as credit reporting agencies, subjecting them to requirements under the Fair Credit Reporting Act (FCRA)…more

Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Data Brokers, Data Controller, Debt Collection

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Justin Cohen

Colorado Court of Appeals Clarifies Time Frame for Property Tax Reassessments

The Court Remanded the Case to Determine Whether COVID-19 Was an “Unusual Condition” - After more than two years, it seems that the various COVID-19 public health orders are behind us. But, to borrow a phrase from Karen…more

Colorado, Property Owners, Property Tax, Property Valuation, Real Estate Market

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Ray Colas

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Beth Collins

CEQA News You Can Use - August 2024 - Volume 9, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

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Lance Collins

Colorado Decision Results in Major Changes for Public and (Possibly) Private Construction Professionals

A recent Colorado Court of Appeals sent ripples through the Colorado construction industry. In Ralph L. Wadsworth Constr. Co., LLC v. Reg’l Rail Partners et al. the Court of Appeals interpreted Colorado’s Public Works Act to not…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Public Projects

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Annmarie Conboy-DePasquale

CFPB Finalizes Controversial Overdraft Overhaul

On Dec. 12, the Consumer Financial Protection Bureau (CFPB) finalized a controversial rulemaking that would fundamentally alter how banks and credit unions offer overdraft services. The proposed rule was issued in January 2024…more

Banks, Consumer Financial Protection Bureau (CFPB), Credit Unions, Excessive Fees, Fees

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Joan Coplan

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Samantha Corbin

California to Commence Special Session to Prepare for Potential Federal Litigation

Earlier today, Gov. Gavin Newsom announced a special legislative session aimed at equipping California with the financial and legal resources needed to defend its policies and values in anticipation of potential challenges from…more

California, Governor Newsom, Immigration Reform, Legislative Agendas, State and Local Government

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Baltazar Cornejo

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

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Ross Crown

Lessons Offered by Deficient Proposal Expelled from GSA Task Order Competition

Beyond their immediate purpose of resolving procurement disputes, bid protest decisions of the Government Accountability Office (GAO) and the U.S. Court of Federal Claims are valuable in two other ways. First, these rulings…more

8(a) Program, Bid Protests, Federal Contractors, GAO, General Services Administration (GSA)

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Sean Cuff

SEC Releases Aggressive New Cybersecurity Disclosure Requirements

“Material Cybersecurity Incident” Standard Will Have a Monumental Impact on Current Cyber Disclosure Requirements - On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) adopted the Cybersecurity Risk…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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Lara Day

Key Issues to Consider as Businesses Continue to Navigate the Pandemic

As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal…more

Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues, Force Majeure Clause, Landlords

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Diane De Felice

U.S. Supreme Court: Takings Clause Applies to Impact Fees on New Development

The Sheetz v. County of El Dorado decision will create uncertainty in California, Arizona, Nevada, Colorado and many other states as cities, counties, developers and property owners reexamine whether existing impact fee programs…more

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

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Steven Demby

Key Issues to Consider While Reopening or Partially Reopening

As state and local governments relax their “stay-at-home” orders, businesses must look at how to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Leah Dempsey

CFPB Finalizes Controversial Overdraft Overhaul

On Dec. 12, the Consumer Financial Protection Bureau (CFPB) finalized a controversial rulemaking that would fundamentally alter how banks and credit unions offer overdraft services. The proposed rule was issued in January 2024…more

Banks, Consumer Financial Protection Bureau (CFPB), Credit Unions, Excessive Fees, Fees

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Sarah Dewar

NFTs: Usage Rights and Legal Fights

NFTs—or Non-Fungible Tokens—continue to raise new legal questions, particularly involving intellectual property rights and the enforcement of those rights against bad actors…more

Blockchain, Copyright, Copyright Infringement, Digital Assets, Intellectual Property Litigation

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Tal Diamant

Shifting Dynamics: Changes to Landlord Eviction Rights in Colorado Under HB1098

The recently enacted HB24-1098 in Colorado introduces significant shifts in the dynamics of landlord-tenant relationships, prompting a need for careful understanding of the new regulations and procedures regarding evictions…more

Colorado, Eviction, Landlords, Lease Term, Rent

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Jessica Diaz

CEQA News You Can Use - Vol. 8, Issue 1

Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact…more

California, CEQA, City Planning Departments, Construction Industry, Environmental Impact Report (EIR)

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Lauren Diekman

AGOA Forum Provides Growth and Opportunity for Nations and Industry

Between July 24–26, trade ministers, members of the diplomatic corps and other stakeholders came to Washington, D.C., for the annual African Growth and Opportunity Act (AGOA) Forum. This year’s forum, “Beyond 2025: Reimagining…more

Africa, AGOA, Economic Development, Foreign Investment, Free Trade Agreements

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Denver Donchez

Tax Measures Once Again Loom Large— What to Expect on the November 2023 Ballot

The November 2023 election is quickly approaching and brings with it another round of tax—particularly property tax measures—that will soon be put to Colorado voters. And, if what has already been filed is any indication,…more

Colorado, Governor Polis, Income Taxes, New Legislation, State and Local Government

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David Dorsey

FDA Nominee Makary on the Orphan Drug Act

President-elect Trump’s nominee for commissioner of Food and Drugs, Martin A. Makary, MD, MPH, argued in 2016 that Congress should reform the Orphan Drug Act (ODA) because drug companies “are gaming the system to use the law for…more

FDA Approval, Food and Drug Administration (FDA), Generic Drugs, Life Sciences, Orphan Drugs

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William Downey

Colorado Gears Up to Launch Sports Betting on May 1

With voters having legalized sports betting, the Colorado Division of Gaming (“Division”) is gearing up to launch the industry on May 1, 2020. In order to meet this aggressive deadline, licensing and rulemaking have already…more

Casinos, Gambling, Gambling Licenses, Online Gaming, Public Comment

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Emily Dreiling

Colorado Enacts Local Right of First Refusal Housing Policy

Legislature Gives Local Governments Right of First Refusal on Affordable Housing and Right of First Offer on Certain Market Rate Multifamily Properties - On the final day of the legislative session, the state legislature…more

Affordable Housing, Colorado, Community Development, Housing Developers, Real Estate Development

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Kayla Dreyer

Federal Court in Texas Vacates DOL’s Overtime Rule—What Now?

On Nov. 15, 2024, a federal judge in Texas vacated the U.S. Department of Labor’s rule that would have increased the salary threshold for white-collar exempt employees under the Fair Labor Standards Act (FLSA). Texas v. United…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Katherine Duncan

Leading the Way: New EPA Rule Gives 10 Years to Replace Lead Drinking Water Service Lines

Under the U.S. Environmental Protection Agency’s (EPA) Lead and Copper Rule Improvements (LCRI) announced on Oct. 8, 2024, EPA has shifted its focus from addressing lead exceedances in drinking water to preventing lead in…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Public Health

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Will Dunham

Parallel Investigations: How to Prepare When ESG Inaction and Action Both Yield Risk

Regardless of a company’s stance on ESG (Environmental, Social, and Governance), the current political climate brings unique risks for parallel investigations. There are clear signals that congressional investigations coupled…more

Biden Administration, Corporate Governance, Department of Labor (DOL), Environmental Social & Governance (ESG), Proposed Legislation

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Jason Dunn

FTC to Shift Rulemaking Priorities in the Trump Administration

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down in…more

Antitrust Provisions, Cancellation Rights, Data Privacy, Federal Trade Commission (FTC), Non-Compete Agreements

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Bridget DuPey

Descheduling or Rescheduling Cannabis: The Road Ahead

On Oct. 6, 2022, President Joe Biden issued a public statement on cannabis policy reform, indicating a potentially seismic shift in how the substance may be treated under federal law. Among President Biden’s directives was a…more

Agribusiness, Biden Administration, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana

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Marcela Dye

SEC Amends Rules to Harmonize, Simplify and Improve Exempt Offering Framework

On Nov. 2, 2020, the Securities and Exchange Commission (“SEC”) approved rule amendments “to harmonize, simplify, and improve the multilayer and overly complex exempt offering framework.” The SEC believes the amendments will…more

Crowdfunding, Exemptions, Regulation A, Regulation D, Securities and Exchange Commission (SEC)

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Emily Dyer

High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled

The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Motion To Stay, Motions to Stay Proceedings

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Andrew Elliott

Opportunities for Small Business in the CARES Act of 2020 - Update April 2020

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides assistance to small businesses impacted by COVID-19. Congress did not, however, provide a one-size-fits-all solution. Instead, small businesses must…more

CARES Act, Employee Benefits, Families First Coronavirus Response Act (FFCRA), Small Business

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Erin Elliott

Nevada Gaming Control Board Concludes Daily Fantasy Sports Is Gambling

Anyone who has watched football this season has seen the ubiquitous advertising and promotion for pay-to-play daily fantasy sports (“DFS”) sites such as DraftKings and FanDuel. On Oct. 15, 2015, the Nevada Gaming Control Board…more

Fantasy Sports, Gambling, Gaming, Gaming Control Boards, Sports Gambling

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Affie Ellis

Brownstein Sponsors the 2024 Rockies Petroleum Conference

Brownstein was privileged to sponsor this year’s Rockies Petroleum Conference, hosted by the Petroleum Association of Wyoming, in Laramie, Wyoming, on Aug. 21–23, 2024…more

Carbon Capture and Sequestration, Energy Sector, Energy Tax Incentives, Oil & Gas, Petroleum

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Nadeam Elshami

2024 Post-Election Outlook and Analysis

President-elect Donald Trump declared victory overnight after convincing wins in Georgia, North Carolina and Pennsylvania; further electoral gains this morning could preview a true red wave this cycle, pending results in…more

Federal Elections, Political Campaigns, Political Candidates, Presidential Elections, State Elections

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Elisabeth Esposito

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in 1984,…more

Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo, Natural Resources

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Emily Felder

FDA Nominee Makary on the Orphan Drug Act

President-elect Trump’s nominee for commissioner of Food and Drugs, Martin A. Makary, MD, MPH, argued in 2016 that Congress should reform the Orphan Drug Act (ODA) because drug companies “are gaming the system to use the law for…more

FDA Approval, Food and Drug Administration (FDA), Generic Drugs, Life Sciences, Orphan Drugs

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Maximilien Fetaz

Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

The U.S. Supreme Court’s recent decision in Kokesh v. SEC provides the defense bar with significant ammunition to argue for lower monetary sanctions in securities enforcement matters pending in federal district courts. In fact,…more

Disgorgement, Enforcement Actions, Kokesh v SEC, Penalties, SCOTUS

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Craig Finger

FTC Noncompete Rule Set Aside by Federal Texas District Court, Will Not Become Effective

A U.S. District Court judge in Texas has set aside the Federal Trade Commission’s (FTC) controversial noncompete rule, ruling that it will not become effective on Sept. 4 as previously scheduled and cannot be enforced by the…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

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Jami Fleming

CFPB Publishes Final Nonbank Registry Rule

On June 3, the Consumer Financial Protection Bureau (CFPB) published a final rule to create a registry of nonbank companies that have entered into consent agreements or who have otherwise been found by the bureau to be in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Lauren Flynn

Appropriations, Impoundment and More: What's Possible in the Next Administration

Annually, congressional Appropriations committees determine how money will be spent on different programs and departments within the federal government. The Appropriations committees derive their power from a key provision in…more

Congressional Budget Office, Federal Budget, Federal Funding, Trump Administration, U.S. Treasury

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Wayne Forman

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Groundwater

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Chris Frahm

The Good, The Bad and The Ugly: Where Do We Stand in the Quest for Sustainable Groundwater Management?

At the intersection of water and politics, a cross section of water professionals including agency staff, engineers, attorneys and consultants convened in Sacramento March 30 to spend a day with an outstanding lineup of…more

Department of Water Resources, Enhanced Infrastructure Financing Districts (EIFDs), Groundwater Management Plan, Sustainable Groundwater Management Act (SGMA)

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Matthew Francis

Spring Cleaning for Your Trademark Portfolio

Spring is an opportune time to dust off your trademark portfolio and give it a thorough cleaning. Ideally, brand owners should audit their trademark assets on an annual basis with the primary goal of identifying and resolving…more

Trademark Registration, Trademarks

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Andrew Freyer

USPTO to End AFCP 2.0 Program

Since 2012, the United States Patent and Trademark Office (USPTO) has provided patent applicants and examiners an opportunity to continue collaborative prosecution after a final rejection has been received through the After…more

Patent Applications, Patent Prosecution, Patent Trial and Appeal Board, Patents, Request for Continued Examination

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Douglas Friednash

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Josh Friednash

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Logan Fry

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

Reid Galbraith

Considerations for Distressed Hotel Acquisitions Resulting from COVID-19

Seemingly in an instant, the response to the COVID-19 pandemic brought the hospitality industry to a standstill, with hotel occupancies plummeting to unprecedented, unimaginable lows and owners and managers facing the unenviable…more

Coronavirus/COVID-19, Hospitality Industry, Hotels

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Emily Garnett

Potential Priorities for Trump SEC Chair Nominee, Paul Atkins

On Wednesday, Dec. 4, President-elect Donald Trump announced his intention to nominate Paul Atkins as the next chair of the Securities and Exchange Commission (SEC). Atkins, who served as an SEC commissioner from 2002 to 2008…more

Financial Institutions, Financial Markets, Investment Adviser, Securities, Securities and Exchange Commission (SEC)

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Anthony Georgescu

Preliminary Injunction Prohibits Enforcement of Corporate Transparency Act

On Dec. 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction prohibiting the Treasury Department from enforcing the Corporate Transparency Act (the “Act”). The ruling in…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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J. Brin Gibson

Federal and State Regulators Increase Scrutiny of Casino AML Practices

Recent money laundering-related enforcement actions targeting casinos by both the U.S. Department of Justice (“DOJ”) and state regulators suggest increasing scrutiny of anti-money laundering (“AML”) compliance efforts within the…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Casinos, Financial Crimes

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Luke Glisan

2025: New Year, New Laws for California Employers

A slew of new California employment laws were passed in 2024, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as protocols,…more

California, Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Labor Regulations

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Kate Gonzales

White House Releases Wide-Ranging Executive Order on Artificial Intelligence

On Monday, Oct. 30, President Biden signed an Executive Order (EO) on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (AI). The EO is intended to establish safety standards for leading artificial…more

Algorithms, Artificial Intelligence, Biden Administration, Cybersecurity, Executive Orders

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Peter Goodloe

Can Employers Mandate COVID-19 Vaccines? Likely Not (Yet), Given Current FDA Emergency Use Authorization Status

With distribution of COVID-19 vaccines moving ahead full-steam, an end to the pandemic may be in sight in the coming months. However, what is collectively known as the “new normal” still comes with a minefield of unanswered…more

Business Continuity Plans, Coronavirus/COVID-19, Employer Liability Issues, Food and Drug Administration (FDA), Health and Safety

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Philip Gosch

Considerations for Distressed Hotel Acquisitions Resulting from COVID-19

Seemingly in an instant, the response to the COVID-19 pandemic brought the hospitality industry to a standstill, with hotel occupancies plummeting to unprecedented, unimaginable lows and owners and managers facing the unenviable…more

Coronavirus/COVID-19, Hospitality Industry, Hotels

See all updates »

Erin Grolle

Spring Cleaning for Your Trademark Portfolio

Spring is an opportune time to dust off your trademark portfolio and give it a thorough cleaning. Ideally, brand owners should audit their trademark assets on an annual basis with the primary goal of identifying and resolving…more

Trademark Registration, Trademarks

See all updates »

Allen Grunes

As Election Looms, Headwinds Brewing for Private Equity Health Care Dealmaking

As this fall’s election approaches, headwinds have been brewing in DC and state legislatures for private equity health care dealmaking, many of them with bipartisan support. While a key Senate committee scrutinized patient care…more

Acquisitions, Health Care Providers, Healthcare, Investment, Investors

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Benno Guggenheimer

Federal Circuit Infers Disavowal, Limiting Scope of Chamberlain Patent

The Federal Circuit has issued another opinion arising from the patent conflict between The Chamberlain Group and Techtronic Industries—and, once again, a patent owned by Chamberlain suffered a major blow. In Techtronic…more

Appeals, Claim Construction, International Trade Commission (ITC), Patent Litigation, Patent Prosecution History

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Christopher Guillen

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

See all updates »

Harold Hancock

White House FY2025 Budget Request: Key Tax Takeaways

On Monday, March 11, President Joe Biden released his budget request to Congress (“Budget”) and various accompanying documents. Separately, the Treasury Department released its General Explanations of the Administration’s Fiscal…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, IRS

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Christopher Hand

COVID-19—Evaluating Material Adverse Change Clauses in Loan Agreements

Access to credit is a question of paramount importance to borrowers navigating uncertain times, and as market participants work to assess the impact of COVID-19 on the broader economy, the question has arisen as to whether the…more

Banking Sector, Borrowers, Burden of Proof, Coronavirus/COVID-19, Financial Services Industry

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Dulcinea Hanuschak

Draft Updates to the Colorado Water Plan

The Colorado Water Conservation Board (CWCB) recently released a draft updated Colorado Water Plan to be finalized in early 2023 (Draft Plan). The Draft Plan continues to project a water supply gap resulting from hotter and…more

Colorado, Public Utility, Utilities Sector, Water, Water Conservation

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Lori Harju

USTR Opens Section 301 Comment Period

The Office of U.S. Trade Representative (USTR) released a request for comments on several proposed actions included in the final modifications of the Section 301 tariffs. On Sept. 13, USTR finalized several tariff increases on…more

Biden Administration, China, Cross-Border, Electric Vehicles, Manufacturers

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Alicia Harrison

Coming Soon - The City of Santa Barbara’s New Zoning Ordinance

On Tuesday, July 11, 2017, the Santa Barbara City Council will consider a new zoning ordinance for the city. If the council votes to introduce and subsequently adopt the new zoning ordinance (NZO), it will be effective 30 days…more

Commercial Property Owners, Local Ordinance, Real Estate Development, Residential Property Owners, Urban Planning & Development

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Stephanie Hastings

Key Takeaways from the Sustainable Water Investment Summit

Set against the context of unprecedented demand for water supply solutions, Brownstein and WestWater Research brought together water industry and finance leaders for the second annual Sustainable Water Investment Summit. The…more

California, Environmental Social & Governance (ESG), Green Finance, Groundwater, Infrastructure

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Gregory Hayes

California to Commence Special Session to Prepare for Potential Federal Litigation

Earlier today, Gov. Gavin Newsom announced a special legislative session aimed at equipping California with the financial and legal resources needed to defend its policies and values in anticipation of potential challenges from…more

California, Governor Newsom, Immigration Reform, Legislative Agendas, State and Local Government

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S. Craig Hemenway

No Unified Patent Court or Unitary Patent for Post-Brexit UK

The United Kingdom (UK) issued a statement on Feb. 27, 2020, cementing a new position that the country will take no steps to participate in the Unified Patent Court…more

EU, European Patent Office, Intellectual Property Protection, Patent Filings, Patents

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Joel Herberman

CFPB Finalizes Controversial Overdraft Overhaul

On Dec. 12, the Consumer Financial Protection Bureau (CFPB) finalized a controversial rulemaking that would fundamentally alter how banks and credit unions offer overdraft services. The proposed rule was issued in January 2024…more

Banks, Consumer Financial Protection Bureau (CFPB), Credit Unions, Excessive Fees, Fees

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Bradley Herrema

Key Takeaways from the Sustainable Water Investment Summit

Set against the context of unprecedented demand for water supply solutions, Brownstein and WestWater Research brought together water industry and finance leaders for the second annual Sustainable Water Investment Summit. The…more

California, Environmental Social & Governance (ESG), Green Finance, Groundwater, Infrastructure

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Jack Hobaugh Jr.

New Jersey Becomes 14th State to Pass Data Privacy Law

Starting Jan. 15, 2025, the New Jersey Data Protection Act (the “Act”) goes into effect. If you are thinking, “Yawn, yet another state privacy law that reads like gibberish but luckily doesn’t affect my company,” you may be…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Matthew Hofer

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

See all updates »

Amanda Houseal

Military Members: A Silent Protest?

Recent national events have created a potentially confusing situation for members of the United States military. There is no confusion that soldiers, sailors and airmen are afforded the same constitutional rights as their fellow…more

Freedom of Expression, Military Service Members

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Jon Hrobsky

Much Ado About NEPA

The Fiscal Responsibility Act’s Revisions to the Iconic Statute Largely Codify Existing Interpretation and Practice On May 31, 2023, the House of Representatives advanced the Fiscal Responsibility Act of 2023 (“FRA”), which…more

Biden Administration, Climate Change, Energy Sector, Environmental Assessments, Environmental Policies

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Christopher Humes

Employee Benefits-Related Limits for 2025

This chart shows some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

See all updates »

Maxwell Huntley

Defense Prepares for Changes Under Trump Administration

With an impending Republican leadership trifecta under President-elect Donald Trump, the GOP will be the primary drivers of defense policy and spending until at least fiscal year 2027 (FY27). This is projected to result in a…more

Congressional Oversight, Cybersecurity, Defense Contracts, Defense Costs, Defense Sector

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Aaron Hyatt

Revision of Clark County Parking Code Would Reduce Parking, Change Development Design Requirements

As Nevada’s economy continues to grow statewide, the Southern Nevada valley faces critical decisions regarding smart growth for the valley once again. Ahead of future growth, Clark County, with support from the Regional…more

Parking Lots, Urban Planning & Development

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Angela Hygh

Unlocking Tax Increment Finance for Counties via County Revitalization Authorities

Counties in Colorado may soon have a new way to take advantage of tax increment financing (“TIF”). Currently, there are only two ways to leverage TIF in Colorado: establishment of an urban renewal authority (“URA”) or…more

Colorado, Critical Infrastructure Sectors, Real Estate Development, State and Local Government, Tax Increment Financing

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Charlie Iovino

White House FY2025 Budget Request: Key Tax Takeaways

On Monday, March 11, President Joe Biden released his budget request to Congress (“Budget”) and various accompanying documents. Separately, the Treasury Department released its General Explanations of the Administration’s Fiscal…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, IRS

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Barry Jackson

House China Task Force Report Released

Today’s release of the House China Task Force (CTF) report signals Washington’s latest salvo aimed squarely at the Chinese Communist Party (CCP). The CTF was launched this past May, and brings together select members from key…more

China, Foreign Policy, U.S. House

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Bruce James

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners to…more

Local Ordinance, Mixed-Use Zoning, Real Estate Development, Urban Planning & Development, Zoning Laws

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Gregory Janssen

Interim Guidance on IRA Domestic-Content Bonus Credit

The Treasury Department and the Internal Revenue Service (IRS) released IRS Notice 2023-38 (Notice) on May 12, 2023, providing interim guidance on domestic-content requirements under the Inflation Reduction Act (IRA). The Notice…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), IRS, Renewable Energy

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Joe Jaso

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Carrie Johnson

The SEC Stays Its Own Climate Rule—What’s Next?

On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) finalized a historic set of climate disclosure rules, which stand to be the most significant disclosure regime change since the Sarbanes-Oxley Act. The rule…more

Climate Change, Corporate Counsel, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Luke Johnson

Forest Service Proposes Regulatory Amendments to Permit Carbon Sequestration on NFS Lands

On Nov. 3, 2023, the U.S. Forest Service issued a proposed rule to amend its special use regulations to authorize carbon dioxide (CO2) sequestration on National Forest System (NFS) lands (both national forests and grasslands)…more

Carbon Capture and Sequestration, Environmental Policies, Federal Land, Forest Service

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Abigail Jones

Colorado Special Session on Property Tax: We Have a Deal!

Three and a half days after it convened, the Colorado Legislature ended its special session on property tax. The session was called in response to a dramatic increase in property taxes that both residential and commercial…more

Colorado, Property Owners, Property Tax, Property Valuation, Real Estate Market

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Daniel Joseph

White House FY2025 Budget Request: Key Tax Takeaways

On Monday, March 11, President Joe Biden released his budget request to Congress (“Budget”) and various accompanying documents. Separately, the Treasury Department released its General Explanations of the Administration’s Fiscal…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, IRS

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Greta Joynes

FTC Finalizes “Click-to-Cancel” Rule Making It Easier for Consumers to Cancel Subscriptions

On Oct. 16, the Federal Trade Commission (FTC) voted 3-2 to finalize its “click-to-cancel” rule that will introduce new requirements to simplify the cancellation process for consumers wishing to terminate their subscriptions or…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, E-Commerce

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Russell Kalvelage

FTC Noncompete Rule Set Aside by Federal Texas District Court, Will Not Become Effective

A U.S. District Court judge in Texas has set aside the Federal Trade Commission’s (FTC) controversial noncompete rule, ruling that it will not become effective on Sept. 4 as previously scheduled and cannot be enforced by the…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

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Rob Kaufmann

Colorado Enacts Local Right of First Refusal Housing Policy

Legislature Gives Local Governments Right of First Refusal on Affordable Housing and Right of First Offer on Certain Market Rate Multifamily Properties - On the final day of the legislative session, the state legislature…more

Affordable Housing, Colorado, Community Development, Housing Developers, Real Estate Development

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Michael King

As Election Looms, Headwinds Brewing for Private Equity Health Care Dealmaking

As this fall’s election approaches, headwinds have been brewing in DC and state legislatures for private equity health care dealmaking, many of them with bipartisan support. While a key Senate committee scrutinized patient care…more

Acquisitions, Health Care Providers, Healthcare, Investment, Investors

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Brandon Knapp

California’s 2024 November General Election Preview

With ballots arriving in the mailboxes of California voters, the below provides a snapshot analysis of the open and competitive seats in the California Legislature for the 2024 General election. Prior to the March primary…more

California, General Elections, Governor Newsom, State and Local Government, State Elections

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Grace Koplin

California Ballot Measures: Where Do We Stand?

The March 5 primary is right around the corner in California. Headlining the ballot—alongside a slate full of legislative Democrat-on-Democrat primary battles reflecting significant turnover due to term limits—is Proposition 1…more

Affordable Housing, Ballot Measures, California, Governor Newsom, Marriage Equality

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Albert Kovacs

Nevada Corporation and LLC Law Amendments Include Innovations for Public Companies

With broad bipartisan support emblematic of the state’s pro-business atmosphere, the Nevada Legislature has approved—and Gov. Joe Lombardo has signed—Assembly Bill No. 126 (AB 126)…more

Board of Directors, Business Records, Controlling Stockholders, Corporate Governance, General Corporation Law

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Marc Lampkin

December Action in the Senate

The final legislative weeks of 2021 are packed with a number of must-pass bills, including one to keep the federal government functioning and another—the reconciliation bill—that is a priority of the Biden administration and…more

Biden Administration, Budget Reconciliation, House Armed Services Committee, Legislative Agendas, Social Security

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Laura Langberg

FTC Puts Social Media Influencers on Notice for Possible Violations of the Truth-in-Advertising Laws

Does that actress with the glowing skin really use the luxury moisturizer she keeps raving about on Instagram? What about that NBA player you’re following? Did he actually pay for the pricey new sneakers he’s showing off in his…more

Advertising, Celebrity Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Online Endorsements

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Mitchell Langberg

SBA Begins Issuing Loan Necessity Questionnaires to Certain PPP Borrowers

Last week, the Small Business Administration (SBA) began asking SBA Paycheck Protection Program (PPP) lenders to issue over 50,000 loan necessity questionnaires to borrowers that received $2 million or more in funds from the…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Jason Larkin

COVID-19—Evaluating Material Adverse Change Clauses in Loan Agreements

Access to credit is a question of paramount importance to borrowers navigating uncertain times, and as market participants work to assess the impact of COVID-19 on the broader economy, the question has arisen as to whether the…more

Banking Sector, Borrowers, Burden of Proof, Coronavirus/COVID-19, Financial Services Industry

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Christopher Lay

Defense Prepares for Changes Under Trump Administration

With an impending Republican leadership trifecta under President-elect Donald Trump, the GOP will be the primary drivers of defense policy and spending until at least fiscal year 2027 (FY27). This is projected to result in a…more

Congressional Oversight, Cybersecurity, Defense Contracts, Defense Costs, Defense Sector

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Jennifer Lee

Expansion of Public Meeting Teleconferencing During Pandemic Set to Expire in California

In response to public agencies’ urgent need to adapt to the challenges brought by the COVID-19 pandemic, in March 2020, California Gov. Gavin Newsom issued Executive Order N-29-20 (amending in part Executive Order N-25-20) to…more

California, Coronavirus/COVID-19, Enforcement Actions, Executive Orders, Governor Newsom

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James Leighton

Colorado Adds Tool to Mend Corporate Actions Taken Without Proper Authorization

On March 20, 2020, Colorado Gov. Jared Polis signed into law House Bill 20-1013 (the “Act”). The Act provides for the addition of CRS 7-103-106 to the Colorado Business Corporation Act (the “CBCA”), which will create a statutory…more

Corporate Counsel

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Kirk Lenhard

Nevada Legislature Reinforces Internal Affairs Doctrine and Emphasizes Transparency in 2017 Business Law Amendments

The 79th Session of the Nevada Legislature enacted several meaningful amendments to Title 7 of the Nevada Revised Statutes (NRS), which governs business entities, including corporations, limited liability companies and limited…more

Corporate Governance, Corporations Code, Internal Affairs Doctrine, Limited Liability Company (LLC), Limited Partnerships

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Darcy Levy

New Jersey Becomes 14th State to Pass Data Privacy Law

Starting Jan. 15, 2025, the New Jersey Data Protection Act (the “Act”) goes into effect. If you are thinking, “Yawn, yet another state privacy law that reads like gibberish but luckily doesn’t affect my company,” you may be…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Michael Levy

2015 Washington Outlook

In this issue: - Congressional Outlook - Senate Committees - House Committees - Excerpt from Congressional Outlook: Deadlines, Expirations, and Important Dates in 2015 - As the 114th…more

Appropriations Bill, Energy Policy, Environmental Policies, Federal Budget, Foreign Policy

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Sydne Levy

New Tenant Protections for Small Businesses and Nonprofits in California

Beginning Jan. 1, 2025, California commercial property owners will have to contend with new (and expanded) tenant protections for any small business or nonprofit that is a “qualified commercial tenant” under SB 1103. More…more

California, Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

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Jessica Lewis

Defense Prepares for Changes Under Trump Administration

With an impending Republican leadership trifecta under President-elect Donald Trump, the GOP will be the primary drivers of defense policy and spending until at least fiscal year 2027 (FY27). This is projected to result in a…more

Congressional Oversight, Cybersecurity, Defense Contracts, Defense Costs, Defense Sector

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Blair Lichtenfels

Denver City Council Approves Extension to Exemption Deadlines Under EHA

The City of Denver adopted changes to its Expanding Housing Affordability (EHA) ordinances that extend the deadlines to receive final site development plan (SDP) approval in order to qualify for exemption from the EHA…more

Affordable Housing, Colorado, Housing Developers, Housing Market, Low Income Housing

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Drew Littman

Impeachment Ignited: How the Process Will Unfold

Article II, Sec. 4 of the U.S. Constitution states that a president, vice president or any other civil officer can be removed from office if he or she has committed “treason, bribery, or other high crimes and misdemeanors.” The…more

Appropriations Bill, Congressional Investigations & Hearings, Drug Pricing, Federal Prosecutors, Impeachment

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Avi Loewenstein

Colorado Adds Tool to Mend Corporate Actions Taken Without Proper Authorization

On March 20, 2020, Colorado Gov. Jared Polis signed into law House Bill 20-1013 (the “Act”). The Act provides for the addition of CRS 7-103-106 to the Colorado Business Corporation Act (the “CBCA”), which will create a statutory…more

Corporate Counsel

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Mary Loum

New CESA Candidate Species Impacts Project Permitting Requirements Throughout California

At its Oct. 9-–10, 2024, meeting in Sacramento, the California Fish and Game Commission (Commission) unanimously voted to make the western burrowing owl a “candidate” species under the California Endangered Species Act (CESA)…more

California, California Endangered Species Act, California Fish and Game Commission, Conservation, Critical Habitat

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Bryce Loveland

Employee Benefits-Related Limits for 2025

This chart shows some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

See all updates »

Rikard Lundberg

EB-5 Immigrant Investor Program Returns

EB-5 Regional Center Program reauthorized as part of Omnibus Spending Bill - After having lapsed over the summer of 2021, the EB-5 Regional Center Program (“RC Program”) was reauthorized as part of the Omnibus Spending Bill…more

EB-5, EB-5 Regional Centers, Economic Development, Foreign Investment, Immigrant Investor Program

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Kristin Macdonald

Key Issues to Consider as Businesses Continue to Navigate the Pandemic

As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal…more

Coronavirus/COVID-19, Employee Benefits, Employer Liability Issues, Force Majeure Clause, Landlords

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Katherine Madden

Conservation Easements: Federal Safe Harbor Language for Extinguishment and Boundary Line Adjustments

On Dec. 29, 2022, the United States Congress passed the SECURE 2.0 Act of 2022 (SECURE Act 2.0). Section 605(d) of the SECURE Act 2.0 gave conservation easement donors a safe harbor to amend provisions relating to extinguishment…more

Charitable Donations, Conservation, Conservation Easements, Easements, Estate Planning

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Douglas Maguire

Sen. Warner Proposes Reforms Aimed at Social Media Companies

In the wake of recent congressional hearings on Russia’s use of social media to interfere in U.S. elections, the Senate Select Committee on Intelligence Vice Chairman, Sen. Mark Warner (D-VA), authored a draft white paper…more

Communications Decency Act, Proposed Legislation, Regulatory Agenda, Social Media

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Elizabeth Maier

American Rescue Plan Health Provisions

On Thursday, Jan. 14, President-elect Joe Biden announced his $1.9 trillion legislative proposal for COVID-19 relief, referred to as the “American Rescue Plan.” This proposal is the starting point for negotiations on the next…more

Biden Administration, Coronavirus/COVID-19, Health Care Providers, Healthcare, Infectious Diseases

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Benjamin Markham

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in 1984,…more

Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo, Natural Resources

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Aurora Marsh

Colorado Legislative Committee Tackles Ozone Air Quality Policy Questions

On Aug. 25, Colorado’s Legislative Interim Committee on Ozone Air Quality convened for its first of five planned meetings, primarily to discuss background information on Colorado’s ozone air quality issues. As defined by statute…more

Air Pollution, Air Quality Standards, Colorado, Environmental Protection Agency (EPA), Environmental Violations

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Zachary Marshall

Biden Ups the Ante on China Tariffs

Yesterday, following the completion of the Section 301 review by the Office of the U.S. Trade Representative (USTR), President Joe Biden announced a series of tariff hikes on a wide range of Chinese goods, including…more

Biden Administration, China, Foreign Investment, National Security, Supply Chain

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Daly Martorano

FTC Concludes its "Junk Fee" Crackdown

On Dec. 17, the Federal Trade Commission (FTC) issued a final rule to limit certain industries’ use of so- called “junk fees,” concluding a rulemaking process that began in 2022 and ultimately drew over 72,000 public comments…more

Excessive Fees, Federal Trade Commission (FTC), Fees, Final Rules, Financial Services Industry

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Jonathan Marvisi

California Statewide Eviction Moratorium Extension for Residential Tenants: To Forgive or Not to Forgive?

On Jan. 29, 2021, Gov. Newsom signed legislation to extend California’s eviction moratorium through June 30, 2021…more

California, Coronavirus/COVID-19, Eviction, Financial Distress, Landlords

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Daniela Masur

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended…more

Antitrust Investigations, Antitrust Provisions, Board of Directors, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Mark Mathews

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19 pandemic…more

Compliance, Coronavirus/COVID-19, Department of Environmental Conservation, Enforcement Actions, Environmental Policies

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Gino Maurelli

FTC Noncompete Rule Set Aside by Federal Texas District Court, Will Not Become Effective

A U.S. District Court judge in Texas has set aside the Federal Trade Commission’s (FTC) controversial noncompete rule, ruling that it will not become effective on Sept. 4 as previously scheduled and cannot be enforced by the…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Philip McDermott

Preliminary Injunction Prohibits Enforcement of Corporate Transparency Act

On Dec. 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction prohibiting the Treasury Department from enforcing the Corporate Transparency Act (the “Act”). The ruling in…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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William McGrath

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in 1984,…more

Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo, Natural Resources

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Brian McGuire

2022 Midterms Post-Election Outlook and Analysis

The red wave that wasn’t could be enough to shift control of the House to Republicans, whose possible narrow majority heading into next year may present new challenges for governance but no less of an oversight headache for the…more

Biden Administration, Department of Homeland Security (DHS), Election Results, Federal Elections, Political Parties

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Tripp McKemey

FTC Finalizes “Click-to-Cancel” Rule Making It Easier for Consumers to Cancel Subscriptions

On Oct. 16, the Federal Trade Commission (FTC) voted 3-2 to finalize its “click-to-cancel” rule that will introduce new requirements to simplify the cancellation process for consumers wishing to terminate their subscriptions or…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, E-Commerce

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Matthew McKissick

Do COVID-19 Closures Reset the Clock for Trademark Incontestability?

Temporary business closures due to COVID-19 have inevitably forced trademark owners to rethink their brand protection strategies. In a previous alert, we advised shuttered businesses to delay certain filings with the United…more

Business Closures, Coronavirus/COVID-19, Corporate Counsel, Trademarks, USPTO

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Jia Meeks

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

John Menges

FTC to Shift Rulemaking Priorities in the Trump Administration

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down in…more

Antitrust Provisions, Cancellation Rights, Data Privacy, Federal Trade Commission (FTC), Non-Compete Agreements

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Sarah Mercer

CFPB and FHFA on List of Agencies to See Course Change Under Trump

As we continue to analyze the strength of former President Trump’s red wave, one thing is clear: a number of federal agencies are poised for a major shift in their rulemaking agendas, priorities, staffing and approach to…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), FHFA, Financial Institutions

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David Meschke

Ballotpalooza: A Summary of the Ballot Measures on Colorado’s 2024 Ballot

The election is upon us. Colorado’s ballots were placed in the mail this past Friday. This follows the mailing of the Colorado Blue Book. This booklet, which is filled with information regarding the questions and ballot measures…more

Ballot Measures, Ballots, Colorado, Legislative Agendas, State Elections

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Andrew Meyers

Have You Thought About ... The Impact of Federal Residential Eviction Moratorium?

On Sept. 1, 2020, the Centers for Disease Control and Prevention (the “CDC”) released an order intended to directly address the potential catastrophic effects of nationwide evictions due to COVID-19. The order, entitled…more

Centers for Disease Control and Prevention (CDC), Colorado, Coronavirus/COVID-19, Eviction, Financial Distress

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Rebecca Miltenberger

Nevada’s Eviction and Foreclosure Moratorium to be Lifted in Phases

Yesterday, Nevada Gov. Steve Sisolak signed Declaration of Emergency Directive 025, which allows for commercial evictions and foreclosures to resume on July 1, 2020 and certain residential evictions (not including for nonpayment…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure

See all updates »

Lauren Mish

Trump’s Alliance with RFK Jr. Indicates Realignment of Priorities for HHS in Second Term

As former President Donald Trump has clinched a second term with a victory, his health care priorities will differ somewhat from his first term, which focused heavily on repealing and replacing the Affordable Care Act (ACA)…more

Affordable Care Act, Department of Health and Human Services (HHS), Drug Pricing, Health Insurance, Healthcare

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Radha Mohan

White House FY2025 Budget Request: Key Tax Takeaways

On Monday, March 11, President Joe Biden released his budget request to Congress (“Budget”) and various accompanying documents. Separately, the Treasury Department released its General Explanations of the Administration’s Fiscal…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, IRS

See all updates »

Francisco Morales

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

Ruth Elizabeth Morris

Leading the Way: New EPA Rule Gives 10 Years to Replace Lead Drinking Water Service Lines

Under the U.S. Environmental Protection Agency’s (EPA) Lead and Copper Rule Improvements (LCRI) announced on Oct. 8, 2024, EPA has shifted its focus from addressing lead exceedances in drinking water to preventing lead in…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Public Health

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William Moschella

2024 Post-Election Outlook and Analysis

President-elect Donald Trump declared victory overnight after convincing wins in Georgia, North Carolina and Pennsylvania; further electoral gains this morning could preview a true red wave this cycle, pending results in…more

Federal Elections, Political Campaigns, Political Candidates, Presidential Elections, State Elections

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Alfred Mottur

House Efforts to Target Robocalls and AI Would Impact Informational Business Calls and Text

As abusive robocalls remain unpopular both politically and, in general, universally among the American people, lawmakers have once again thrown out the opening salvo in efforts to legislate against them this week with the “Do…more

Artificial Intelligence, Call Blocking, Do Not Disturb, FCC, Proposed Legislation

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Thomas Mottur

U.S. Policies on China to Watch in 2024

As the first session of the 118th Congress comes to a close, Congress unveiled a vast array of policy recommendations and legislation furthering their focus on U.S.-China strategic competition. Throughout the year, China hawks…more

China, Defense Sector, Department of Defense (DOD), Foreign Investment, National Security

See all updates »

Jessica Mullinix

New Tenant Protections for Small Businesses and Nonprofits in California

Beginning Jan. 1, 2025, California commercial property owners will have to contend with new (and expanded) tenant protections for any small business or nonprofit that is a “qualified commercial tenant” under SB 1103. More…more

California, Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

See all updates »

Sarah Murray

Supreme Court Denies Cert in Florida Tribal Sports Betting Case

Last week, in West Flagler v. Haaland, the U.S. Supreme Court dealt a major blow to opponents of online tribal sports betting, effectively affirming the D.C. Circuit’s rejection of a challenge to a compact between the Seminole…more

Casinos, Florida, Gambling, Indian Gaming, Online Gaming

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Peter Nagle

Divisional Patents in India: Strategic Impacts of Restrictive Divisional Practice

For patent attorneys, filing and prosecuting patent applications in foreign countries can be a fraught process. Each country has its own unique set of patent laws, which, though largely similar to one another, include small…more

Divisional Applications, India, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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R. James Nicholson

VA Budgetary Shortfall Threatens Veteran Benefits

As Congress shifts from negotiating positions on appropriations bills to building a continuing resolution (CR) for the rest of the calendar year, the Department of Veterans’ Affairs (VA) has been left facing a nearly $15 billion…more

Department of Veterans Affairs, Disability Benefits, Military Service Members, State Budgets, Veterans

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Matthew Nilsen

Denver City Council Approves Extension to Exemption Deadlines Under EHA

The City of Denver adopted changes to its Expanding Housing Affordability (EHA) ordinances that extend the deadlines to receive final site development plan (SDP) approval in order to qualify for exemption from the EHA…more

Affordable Housing, Colorado, Housing Developers, Housing Market, Low Income Housing

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William Nobriga

Employee Benefits-Related Limits for 2025

This chart shows some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

See all updates »

Travis Norton

Supreme Court Strikes Down Chevron, Reshapes Administrative Law

In a series of rulings at the end of its term, the Supreme Court fundamentally changed administrative law precedents, including some that have held firm for more than 40 years. The decisions will curtail federal agencies’…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

Nicole Nucaro

2025: New Year, New Laws for California Employers

A slew of new California employment laws were passed in 2024, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as protocols,…more

California, Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Labor Regulations

See all updates »

Matthew Nyberg

FTC Noncompete Rule Set Aside by Federal Texas District Court, Will Not Become Effective

A U.S. District Court judge in Texas has set aside the Federal Trade Commission’s (FTC) controversial noncompete rule, ruling that it will not become effective on Sept. 4 as previously scheduled and cannot be enforced by the…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Stacie Nyborg

Understanding the New Corporate Transparency Act

Effective Jan. 1, 2024, the Corporate Transparency Act (“CTA”) will require certain entities to report the names and other personal information of its owners and “company applicants” to the Department of the Treasury’s Financial…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Trayton Oakes

Seminole Tribe Sports Betting Plans Slowed by SCOTUS Ruling

On Oct. 12, 2023, the U.S. Supreme Court ordered a stay on the District of Columbia Circuit’s ruling in West Flagler Associates, Ltd. v. Haaland. This stay will prevent, for now, the Seminole Tribe of Florida from accepting…more

Gambling, Indian Gaming, SCOTUS, Sports Betting, Sports Gambling

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J. Tenley Oldak

Conservation Easements: Federal Safe Harbor Language for Extinguishment and Boundary Line Adjustments

On Dec. 29, 2022, the United States Congress passed the SECURE 2.0 Act of 2022 (SECURE Act 2.0). Section 605(d) of the SECURE Act 2.0 gave conservation easement donors a safe harbor to amend provisions relating to extinguishment…more

Charitable Donations, Conservation, Conservation Easements, Easements, Estate Planning

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Christopher Ottele

Federal Court in Texas Vacates DOL’s Overtime Rule—What Now?

On Nov. 15, 2024, a federal judge in Texas vacated the U.S. Department of Labor’s rule that would have increased the salary threshold for white-collar exempt employees under the Fair Labor Standards Act (FLSA). Texas v. United…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Angela Otto

Nevada’s Eviction and Foreclosure Moratorium to be Lifted in Phases

Yesterday, Nevada Gov. Steve Sisolak signed Declaration of Emergency Directive 025, which allows for commercial evictions and foreclosures to resume on July 1, 2020 and certain residential evictions (not including for nonpayment…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure

See all updates »

Michael Pankow

A Possible, But Narrow, Path for Cannabis in Bankruptcy Court

A recent U.S. bankruptcy court opinion out of the Central District of California may have cracked the door open for companies formerly tied to the cannabis industry to pursue legal strategies using bankruptcy. Federal…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

Morgan Parsons

New Jersey Becomes 14th State to Pass Data Privacy Law

Starting Jan. 15, 2025, the New Jersey Data Protection Act (the “Act”) goes into effect. If you are thinking, “Yawn, yet another state privacy law that reads like gibberish but luckily doesn’t affect my company,” you may be…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Elizabeth Paulsen

What’s Next Now That Colorado Voters Have Authorized Sports Betting

On Nov. 5, voters in Colorado approved Proposition DD, meaning that Colorado’s sports betting legislation, HB 1327, will become effective on May 1, 2020…more

Casinos, Gambling, Licensing Rules, New Legislation, Sports Betting

See all updates »

Susan Petrovich

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

See all updates »

Zachary Pfister

CFPB Finalizes Controversial Overdraft Overhaul

On Dec. 12, the Consumer Financial Protection Bureau (CFPB) finalized a controversial rulemaking that would fundamentally alter how banks and credit unions offer overdraft services. The proposed rule was issued in January 2024…more

Banks, Consumer Financial Protection Bureau (CFPB), Credit Unions, Excessive Fees, Fees

See all updates »

Morgan Phillips

Recapping China Week

Last week, the House held its long-awaited “China Week” to vote on a series of legislation targeting various aspects of the U.S.-China relationship. The bills targeted national security, economic relations, technology, the…more

China, Cross-Border, Export Controls, Exports, Foreign Investment

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J. Maxwell Porteus

Biden Administration Announces Crackdown on “Junk Fees”

On Feb. 1, 2023, the Biden administration released a fact sheet describing actions taken by the White House that continue a focus on so called “junk fees.” The announcement, which was done along with several independent agencies…more

Banking Sector, Biden Administration, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Jonathan Pray

Managing the Impacts of Material Price Fluctuations on Construction Projects

Recent fluctuations in the prices of construction materials have threatened to wreak havoc on otherwise well-planned and well-managed construction projects. Economists and industry professionals have identified numerous factors…more

Architects, Construction Industry, Construction Project, Contractors, General Contractors

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Alicia Priego

California’s 2024 November General Election Preview

With ballots arriving in the mailboxes of California voters, the below provides a snapshot analysis of the open and competitive seats in the California Legislature for the 2024 General election. Prior to the March primary…more

California, General Elections, Governor Newsom, State and Local Government, State Elections

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Mark Pryor

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Michael Pryor

The Congressional Review Act: What It Is and How It Might Be Used in the 119th Congress

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for the first time since 2018. This new power dynamic in Washington has already…more

Administrative Procedure Act, Congressional Review Act, Consumer Financial Protection Bureau (CFPB), Department of Agriculture, Department of Health and Human Services (HHS)

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Caitlin Quander

Which Local Measures Made Denver's 2024 Ballot?

The 2024 Denver ballot features a dozen individual measures, each aimed at addressing pressing city issues. These measures have been placed on the ballot either through City Council action or citizen initiatives, each with its…more

Ballot Measures, Ballots, City Councils, Colorado, Legislative Agendas

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Jordan Rabani-Jenkins

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

See all updates »

Joshua Rabinowitz

New Tenant Protections for Small Businesses and Nonprofits in California

Beginning Jan. 1, 2025, California commercial property owners will have to contend with new (and expanded) tenant protections for any small business or nonprofit that is a “qualified commercial tenant” under SB 1103. More…more

California, Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

See all updates »

Claire Rainford

FHFA Asks for Input on FHLBanks

In May 2024, the Federal Housing Finance Agency (FHFA) published a Request for Input (RFI) titled “Federal Home Loan Bank Core Mission Activities and Mission Achievement” with comments due to the FHFA on July 15, 2024. This…more

Banks, Federal Housing Administration (FHA), Federal Loans, Financial Services Industry, Home Buyer

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David Ransom

White House FY2025 Budget Request: Key Tax Takeaways

On Monday, March 11, President Joe Biden released his budget request to Congress (“Budget”) and various accompanying documents. Separately, the Treasury Department released its General Explanations of the Administration’s Fiscal…more

Biden Administration, Corporate Taxes, Federal Budget, Green Book, IRS

See all updates »

Leah Regan-Smith

CFPB Seeks to Fundamentally Alter the Credit Reporting Process and Use of Public Data

On Sept. 21, 2023, the Consumer Financial Protection Bureau (CFPB) officially announced it is considering a rulemaking to address several consumer reporting topics under the Fair Credit Reporting Act (FCRA). Under the process…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Bureaus, Credit Reporting Agencies

See all updates »

David Reid

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

Patrick Reilly

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel…more

Algorithms, Anti-Competitive, Antitrust Violations, Business Operations, Conspiracies

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Sydne Rennie

Surplus Lands Act Amendments: Public Agencies Get Clarity, Flexibility & Private Developers Take Note

Recent Legislation Amending the Surplus Lands Act Provides Clarity and Additional Flexibility to Public Agencies - Recently, Gov. Gavin Newsom signed Senate Bill 747 and Assembly Bill 480 into law to make common-sense…more

California, City Planning Departments, Land Developers, Land Use Restrictions, Real Estate Development

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Cooper Reveley

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

Julia Rhine

Impact of Colorado Carbon Capture Legislation on Oil and Natural Gas Producers

State proposal to expand carbon capture authority also proposes changes to the Oil and Gas Conservation Act As part of a bill revising aspects of the Colorado Energy and Carbon Management Commission’s (ECMC) (f/k/a Colorado Oil…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Policies, Greenhouse Gas Emissions

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Robert Robilliard

Potential Priorities for Trump SEC Chair Nominee, Paul Atkins

On Wednesday, Dec. 4, President-elect Donald Trump announced his intention to nominate Paul Atkins as the next chair of the Securities and Exchange Commission (SEC). Atkins, who served as an SEC commissioner from 2002 to 2008…more

Financial Institutions, Financial Markets, Investment Adviser, Securities, Securities and Exchange Commission (SEC)

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Rachel Rockwell

CEQA News You Can Use - August 2024 - Volume 9, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

See all updates »

Airina Rodrigues

FTC Finalizes Rule to Combat Deceptive Online Reviews

On Aug. 14, 2024, the Federal Trade Commission (FTC) finalized new rulemaking to combat deceptive acts and practices in online reviews and testimonials. The new final rule, Trade Regulation Rule on the Use of Consumer Reviews…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Endorsement Guidelines

See all updates »

Patricia Rodriguez

EU Takes Steps Toward Regulating Use of Artificial Intelligence with the AI Act

On Dec. 8, 2023, European Parliament negotiators reached a provisional agreement on the Artificial Intelligence Act (AI Act) to regulate the use of AI in the European Union (EU), more than five years after initial calls were…more

Algorithms, Artificial Intelligence, Automation Systems, EU, European Parliament

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Joshua Roometua

The Art of Compromise: Colorado’s 2024 Legislative Session Ends with Major Wins

Entering the second regular session of Colorado’s 74th General Assembly, most Capitol observers were expecting more of the same—the same being the acrimony, contentiousness and rancor that characterized the end of the 2023…more

Colorado, General Assembly, Legislative Agendas, New Legislation, State and Local Government

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Ed Royce

AGOA Forum Provides Growth and Opportunity for Nations and Industry

Between July 24–26, trade ministers, members of the diplomatic corps and other stakeholders came to Washington, D.C., for the annual African Growth and Opportunity Act (AGOA) Forum. This year’s forum, “Beyond 2025: Reimagining…more

Africa, AGOA, Economic Development, Foreign Investment, Free Trade Agreements

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Brielle Rumsey

Shifting Dynamics: Changes to Landlord Eviction Rights in Colorado Under HB1098

The recently enacted HB24-1098 in Colorado introduces significant shifts in the dynamics of landlord-tenant relationships, prompting a need for careful understanding of the new regulations and procedures regarding evictions…more

Colorado, Eviction, Landlords, Lease Term, Rent

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Pratik Rungta

Supreme Court Strikes Down Chevron, Reshapes Administrative Law

In a series of rulings at the end of its term, the Supreme Court fundamentally changed administrative law precedents, including some that have held firm for more than 40 years. The decisions will curtail federal agencies’…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

See all updates »

Gabrielle Russo

FTC Finalizes “Click-to-Cancel” Rule Making It Easier for Consumers to Cancel Subscriptions

On Oct. 16, the Federal Trade Commission (FTC) voted 3-2 to finalize its “click-to-cancel” rule that will introduce new requirements to simplify the cancellation process for consumers wishing to terminate their subscriptions or…more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, E-Commerce

See all updates »

Preston Rutledge

Fiduciary Rule 4.0 Released

On April 23, the U.S. Department of Labor (DOL) published the “Retirement Security Rule: Definition of an Investment Advice Fiduciary,” which makes changes to the definition of “ fiduciary” for purposes of the Employee…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

See all updates »

Paige Samblanet

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

See all updates »

Christine Samsel

2025: New Year, New Laws for California Employers

A slew of new California employment laws were passed in 2024, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as protocols,…more

California, Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Labor Regulations

See all updates »

Neil Sandhu

Colorado Legislature Passes False Claims Act: What Companies Need to Know

As the curtain closed on the 2022 legislative session, the Colorado General Assembly passed the Colorado False Claims Act (the “CFCA”). The CFCA represents Colorado’s commitment to protecting public funds and pursuing those who…more

Attorney General, Colorado, Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

See all updates »

Jonathan Sandler

FTC Finalizes Rule to Combat Deceptive Online Reviews

On Aug. 14, 2024, the Federal Trade Commission (FTC) finalized new rulemaking to combat deceptive acts and practices in online reviews and testimonials. The new final rule, Trade Regulation Rule on the Use of Consumer Reviews…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), FTC Endorsement Guidelines

See all updates »

Robert Saperstein

Are Groundwater Extraction Fees Property Related or Regulatory Fees? It Depends

Two new Proposition 218-related cases published in March come to opposite conclusions in determining whether groundwater extraction and replenishment fees are “property-related” fees subject to Article XIII D of the California…more

Fees, Groundwater, Groundwater Management Plan, Proposition 218, Resource Extraction

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Cody Sargeant

Another Year, Another Full Slate of Housing Bills in California

On Thursday, Sept. 19, Gov. Newsom signed a package of housing bills designed to address the housing crisis affecting California. Below is a brief summary of key bills…more

Affordable Housing, California, CEQA, Governor Newsom, Housing Developers

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Grace Saunders

White House Releases Wide-Ranging Executive Order on Artificial Intelligence

On Monday, Oct. 30, President Biden signed an Executive Order (EO) on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (AI). The EO is intended to establish safety standards for leading artificial…more

Algorithms, Artificial Intelligence, Biden Administration, Cybersecurity, Executive Orders

See all updates »

Amalia Sax-Bolder

A Possible, But Narrow, Path for Cannabis in Bankruptcy Court

A recent U.S. bankruptcy court opinion out of the Central District of California may have cracked the door open for companies formerly tied to the cannabis industry to pursue legal strategies using bankruptcy. Federal…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

Sage Schaftel

Health Care Policy Positions: Expectations for a Harris or Trump White House

With less than one month until the presidential election, health care policy issues are at the forefront of voters’ minds, including issues around drug pricing, federal research funding and reproductive rights…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Healthcare Reform

See all updates »

Scott Scherer

Federal and State Regulators Increase Scrutiny of Casino AML Practices

Recent money laundering-related enforcement actions targeting casinos by both the U.S. Department of Justice (“DOJ”) and state regulators suggest increasing scrutiny of anti-money laundering (“AML”) compliance efforts within the…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Casinos, Financial Crimes

See all updates »

Frank Schreck

Nevada Gaming Commission Nightclub Regulations Could Have an Impact Far Beyond Nightclubs

Nevada has a new law effective July 1, 2015, Senate Bill 38 (“SB 38”), ostensibly designed to address recurrent drug use, prostitution, sexual assault, and other crimes at Las Vegas’s night clubs and pool venues. But SB 38…more

Adult Entertainment, Gaming, Gaming Commissions, Licensing Rules, Nightclubs

See all updates »

Ellen Schulhofer

Nevada Corporation and LLC Law Amendments Include Innovations for Public Companies

With broad bipartisan support emblematic of the state’s pro-business atmosphere, the Nevada Legislature has approved—and Gov. Joe Lombardo has signed—Assembly Bill No. 126 (AB 126)…more

Board of Directors, Business Records, Controlling Stockholders, Corporate Governance, General Corporation Law

See all updates »

Shane Schulz

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

Adam Segal

Employee Benefits-Related Limits for 2025

This chart shows some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

See all updates »

Courtney Shephard

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in 1984,…more

Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo, Natural Resources

See all updates »

George Short

Understanding the New Corporate Transparency Act

Effective Jan. 1, 2024, the Corporate Transparency Act (“CTA”) will require certain entities to report the names and other personal information of its owners and “company applicants” to the Department of the Treasury’s Financial…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Kate Siegel

Property Owners File Lawsuit Challenging Colorado’s Building Energy Mandate

On Nov. 14, 2023, the Colorado Apartment Association (“CAA”) and Apartment Association of Metro Denver (“AAMD”), which represent thousands of apartment owners, filed a lawsuit against the Colorado Air Quality Control Commission…more

Apartments, Colorado, Condominium Associations, Condominiums, Energy Policy

See all updates »

Steven Sims

Draft Updates to the Colorado Water Plan

The Colorado Water Conservation Board (CWCB) recently released a draft updated Colorado Water Plan to be finalized in early 2023 (Draft Plan). The Draft Plan continues to project a water supply gap resulting from hotter and…more

Colorado, Public Utility, Utilities Sector, Water, Water Conservation

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Scott Slater

Voluntary Agreements to Manage the Sacramento-San Joaquin River Delta Watershed Take the Next Step

On March 29, 2022, California Gov. Gavin Newsom released a signed memorandum of understanding (MOU) that outlines the terms for an 8-year program that would provide additional flows to and create habitat in the Sacramento-San…more

California, Governor Newsom, Groundwater, State Water Boards, Water

See all updates »

Anna Smith

Employee Benefits-Related Limits For 2024

This chart sets forth some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

Employee Benefits, Human Resources Professionals, IRS, Pensions, Retirement Plan

See all updates »

Charles Smith

Property Owners File Lawsuit Challenging Colorado’s Building Energy Mandate

On Nov. 14, 2023, the Colorado Apartment Association (“CAA”) and Apartment Association of Metro Denver (“AAMD”), which represent thousands of apartment owners, filed a lawsuit against the Colorado Air Quality Control Commission…more

Apartments, Colorado, Condominium Associations, Condominiums, Energy Policy

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Michael Smith

Leading the Way: New EPA Rule Gives 10 Years to Replace Lead Drinking Water Service Lines

Under the U.S. Environmental Protection Agency’s (EPA) Lead and Copper Rule Improvements (LCRI) announced on Oct. 8, 2024, EPA has shifted its focus from addressing lead exceedances in drinking water to preventing lead in…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Public Health

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Ryan Smith

The FCC Acts to Increase Access to Wireless Airwaves for Tribal Nations and Other Entities

The Federal Communications Commission (FCC) has established a new program, the Enhanced Competition Incentive Program (ECIP), designed to further help close the digital divide by fostering increased access to wireless spectrum…more

FCC, Public Wireless Networks, Tribal Economic Development Projects, Tribal Government Programs, Tribal Governments

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Jay Spader

Analysis of Senate-Passed CARES Act

On March 25, the Senate approved a $2 trillion stimulus package, the Coronavirus Aid, Relief, and Economic Security Act, to address the economic and health impacts of the COVID-19 pandemic. The bill now moves to the House for a…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP)

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David Spaulding

Employee Benefits-Related Limits for 2025

This chart shows some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Andrew Spielman

Five Tips for Successful Recreation Asset Deals on Federal Land

Asset sales involving the disposition of recreation-focused businesses on federal lands, including ski areas and guiding companies, require the buyer to obtain a new Special Use Permit (SUP) from the U.S. Forest Service (USFS)…more

Bureau of Land Management, Conservation, Federal Land, Forest Service, Government Land

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Andi Stader

Major Property Tax Relief Passed by the Colorado Legislature, Now It’s Up to the Voters

In the waning hours of the legislative session, the Colorado General Assembly passed a bill that would ask voters to approve a 10-year property tax relief plan to combat skyrocketing home values and backfill lost revenue for…more

Colorado, New Legislation, Property Owners, Property Tax, Property Valuation

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Colton Stadtmiller

California’s 2024 November General Election Preview

With ballots arriving in the mailboxes of California voters, the below provides a snapshot analysis of the open and competitive seats in the California Legislature for the 2024 General election. Prior to the March primary…more

California, General Elections, Governor Newsom, State and Local Government, State Elections

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Amy Steinfeld

Breaking: DEA Turns a New Leaf in Drug Policy, Moves Toward Rescheduling of Cannabis

In a groundbreaking development for the cannabis industry, sources within the U.S. Drug Enforcement Administration (DEA) are signaling the agency’s intention to reclassify marijuana from Schedule I to Schedule III under the…more

Cannabis Products, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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Adam Steinmetz

Appropriations, Impoundment and More: What's Possible in the Next Administration

Annually, congressional Appropriations committees determine how money will be spent on different programs and departments within the federal government. The Appropriations committees derive their power from a key provision in…more

Congressional Budget Office, Federal Budget, Federal Funding, Trump Administration, U.S. Treasury

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Steven Stenzler

California to Commence Special Session to Prepare for Potential Federal Litigation

Earlier today, Gov. Gavin Newsom announced a special legislative session aimed at equipping California with the financial and legal resources needed to defend its policies and values in anticipation of potential challenges from…more

California, Governor Newsom, Immigration Reform, Legislative Agendas, State and Local Government

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Cara Sterling

Employee Benefits-Related Limits For 2022

Annually, the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation adjust for cost-of-living increases certain limitations that impact employee benefit plans. These…more

Benefit Plan Sponsors, Employee Benefits, Employer Liability Issues, Human Resources Professionals, IRS

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Daniel Stewart

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Michael Stratton

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Nancy Strelau

Employee Benefits-Related Limits for 2025

This chart shows some of the annually adjusted dollar limits that impact employee benefits, as published by the Internal Revenue Service, the Social Security Administration and the Pension Benefit Guaranty Corporation…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Russell Sullivan

Brownstein Sponsors the 2024 Rockies Petroleum Conference

Brownstein was privileged to sponsor this year’s Rockies Petroleum Conference, hosted by the Petroleum Association of Wyoming, in Laramie, Wyoming, on Aug. 21–23, 2024…more

Carbon Capture and Sequestration, Energy Sector, Energy Tax Incentives, Oil & Gas, Petroleum

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Greg Sunstrum

White House Releases Wide-Ranging Executive Order on Artificial Intelligence

On Monday, Oct. 30, President Biden signed an Executive Order (EO) on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (AI). The EO is intended to establish safety standards for leading artificial…more

Algorithms, Artificial Intelligence, Biden Administration, Cybersecurity, Executive Orders

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John Suthers

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Cecily Sweet

Have You Thought About … Denver Restaurant Reopening Guidance? - Update June 2020

General Restaurant Reopening - Governor Polis announced on May 25 that Colorado restaurants may begin to reopen for in-person dining on May 27, 2020. Below please find some important requirements which restaurants need to be…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment, Re-Opening Guidelines

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Deema Tarazi

Trump’s Alliance with RFK Jr. Indicates Realignment of Priorities for HHS in Second Term

As former President Donald Trump has clinched a second term with a victory, his health care priorities will differ somewhat from his first term, which focused heavily on repealing and replacing the Affordable Care Act (ACA)…more

Affordable Care Act, Department of Health and Human Services (HHS), Drug Pricing, Health Insurance, Healthcare

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Melanie Taylor

Colorado Supreme Court Confirms Right to Jury Trial for Factual Disputes in Certain Eviction Actions

The Colorado Supreme Court recently ruled in Mercy Housing Management Group Inc. v. Bermudez that there is a right to a jury trial on factual disputes in forcible-entry-and-detainer (“FED”) actions, in stark contrast to…more

CO Supreme Court, Eviction, Jury Trial, Landlords, Real Estate Investments

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Jamie Thalgott

Nevada’s Eviction and Foreclosure Moratorium to be Lifted in Phases

Yesterday, Nevada Gov. Steve Sisolak signed Declaration of Emergency Directive 025, which allows for commercial evictions and foreclosures to resume on July 1, 2020 and certain residential evictions (not including for nonpayment…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure

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Melissa Thevenot

Update on Tribal Broadband Funding Opportunities

The past several months have seen a number of new funding opportunities for the deployment, adoption and affordability of broadband services on tribal lands. This alert provides a quick update on these various opportunities…more

Broadband, Coronavirus/COVID-19, FCC, Native American Issues, Rural Areas

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Kathryn Tipple

Leading the Way: New EPA Rule Gives 10 Years to Replace Lead Drinking Water Service Lines

Under the U.S. Environmental Protection Agency’s (EPA) Lead and Copper Rule Improvements (LCRI) announced on Oct. 8, 2024, EPA has shifted its focus from addressing lead exceedances in drinking water to preventing lead in…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Public Health

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Alex Torres

California’s 2024 November General Election Preview

With ballots arriving in the mailboxes of California voters, the below provides a snapshot analysis of the open and competitive seats in the California Legislature for the 2024 General election. Prior to the March primary…more

California, General Elections, Governor Newsom, State and Local Government, State Elections

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Jonathan Towers

VA Budgetary Shortfall Threatens Veteran Benefits

As Congress shifts from negotiating positions on appropriations bills to building a continuing resolution (CR) for the rest of the calendar year, the Department of Veterans’ Affairs (VA) has been left facing a nearly $15 billion…more

Department of Veterans Affairs, Disability Benefits, Military Service Members, State Budgets, Veterans

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Blaine Tracy

Colorado Supreme Court Confirms Right to Jury Trial for Factual Disputes in Certain Eviction Actions

The Colorado Supreme Court recently ruled in Mercy Housing Management Group Inc. v. Bermudez that there is a right to a jury trial on factual disputes in forcible-entry-and-detainer (“FED”) actions, in stark contrast to…more

CO Supreme Court, Eviction, Jury Trial, Landlords, Real Estate Investments

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Ruth Turley

Federal Court in Texas Vacates DOL’s Overtime Rule—What Now?

On Nov. 15, 2024, a federal judge in Texas vacated the U.S. Department of Labor’s rule that would have increased the salary threshold for white-collar exempt employees under the Fair Labor Standards Act (FLSA). Texas v. United…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Andrew Usyk

FTC Concludes its "Junk Fee" Crackdown

On Dec. 17, the Federal Trade Commission (FTC) issued a final rule to limit certain industries’ use of so- called “junk fees,” concluding a rulemaking process that began in 2022 and ultimately drew over 72,000 public comments…more

Excessive Fees, Federal Trade Commission (FTC), Fees, Final Rules, Financial Services Industry

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Gregory Vallin

Conservation Easements: Federal Safe Harbor Language for Extinguishment and Boundary Line Adjustments

On Dec. 29, 2022, the United States Congress passed the SECURE 2.0 Act of 2022 (SECURE Act 2.0). Section 605(d) of the SECURE Act 2.0 gave conservation easement donors a safe harbor to amend provisions relating to extinguishment…more

Charitable Donations, Conservation, Conservation Easements, Easements, Estate Planning

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Sonia Vermeys

Proposed Clark County Business License Ordinances – Taverns and Gaming License

Significant changes are under consideration by Clark County Business License to Clark County Code Title 8 (liquor and gaming licensing procedures) that may be of interest. …more

Breweries, Business Licenses, Gaming, Local Ordinance, Restaurant Industry

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Eric Waeckerlin

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in 1984,…more

Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo, Natural Resources

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Gloria Walker

FTC Concludes its "Junk Fee" Crackdown

On Dec. 17, the Federal Trade Commission (FTC) issued a final rule to limit certain industries’ use of so- called “junk fees,” concluding a rulemaking process that began in 2022 and ultimately drew over 72,000 public comments…more

Excessive Fees, Federal Trade Commission (FTC), Fees, Final Rules, Financial Services Industry

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Kevin Walsh

Dramatic Metro District Reform Placed on Hold in Favor of Modest Reform

In the latest development in the ongoing struggle between opponents of Colorado metropolitan districts and the developers who use them to finance infrastructure and other public works projects, the Senate Local Government…more

Construction Project, Infrastructure, Project Finance, Public Projects, State and Local Government

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Eric Walther

Nevada Supreme Court Considering Important Updates to the State’s Rules Of Appellate Procedure

The Commission on Nevada Rules of Appellate Procedure, created by the Nevada Supreme Court in 2021, and tasked with considering whether the Nevada Rules of Appellate Procedure (“NRAP”) should be updated, recently filed a…more

Appeals, Notice of Appeal, NV Supreme Court, Public Comment, Rules of Appellate Procedure

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Mark Warren

Brownstein Sponsors the 2024 Rockies Petroleum Conference

Brownstein was privileged to sponsor this year’s Rockies Petroleum Conference, hosted by the Petroleum Association of Wyoming, in Laramie, Wyoming, on Aug. 21–23, 2024…more

Carbon Capture and Sequestration, Energy Sector, Energy Tax Incentives, Oil & Gas, Petroleum

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Ryan Waterman

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your…more

California, CEQA, CEQA Reform, Construction Project, Environmental Impact Report (EIR)

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Joshua Weiss

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Sloane Whelan

2024 Election Results

It typically takes weeks for counties in California to process and count all of the ballots. Elections officials have approximately one month to complete their extensive tallying, auditing and certification work. The secretary…more

California, Colorado, Florida, Nevada, Political Campaigns

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Carolynne White

Denver City Council Eyes Changes to Slow Gas Station Development

Last week, Denver City Councilmembers Amanda Sawyer, Diana Romero Campbell and Paul Kashmann announced a proposed amendment to the Denver Zoning Code to prohibit new gas stations within a quarter mile from light rail stations…more

City Councils, Colorado, Gas Stations, Oil & Gas, State and Local Government

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Carmencita Whonder

2022 Midterms Post-Election Outlook and Analysis

The red wave that wasn’t could be enough to shift control of the House to Republicans, whose possible narrow majority heading into next year may present new challenges for governance but no less of an oversight headache for the…more

Biden Administration, Department of Homeland Security (DHS), Election Results, Federal Elections, Political Parties

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Lindsey Williams

Do COVID-19 Closures Reset the Clock for Trademark Incontestability?

Temporary business closures due to COVID-19 have inevitably forced trademark owners to rethink their brand protection strategies. In a previous alert, we advised shuttered businesses to delay certain filings with the United…more

Business Closures, Coronavirus/COVID-19, Corporate Counsel, Trademarks, USPTO

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Ashley Wingfield

Rent Relief for Retail Tenants During the Coronavirus Pandemic: A Checklist for Landlords

As the coronavirus (COVID-19) pandemic unfolds, retail locations across the world are closing or facing steep business declines in the face of “shelter at home” orders and social distancing recommendations. Accordingly, retail…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords, Rent

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Bella Wolitz

Much Ado About NEPA

The Fiscal Responsibility Act’s Revisions to the Iconic Statute Largely Codify Existing Interpretation and Practice On May 31, 2023, the House of Representatives advanced the Fiscal Responsibility Act of 2023 (“FRA”), which…more

Biden Administration, Climate Change, Energy Sector, Environmental Assessments, Environmental Policies

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Laura Yraceburu

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and…more

CA Supreme Court, California, Infrastructure, Infrastructure Financing, Legislative Agendas

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Michael Zehner

Colorado Decision Results in Major Changes for Public and (Possibly) Private Construction Professionals

A recent Colorado Court of Appeals sent ripples through the Colorado construction industry. In Ralph L. Wadsworth Constr. Co., LLC v. Reg’l Rail Partners et al. the Court of Appeals interpreted Colorado’s Public Works Act to not…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Public Projects

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Arthur Zorio

Clandestine Use of Competitor’s Trademark and ‘Initial Interest Confusion’ Infringement

Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure to…more

Intellectual Property Protection, Lanham Act, Likelihood of Confusion, SCOTUS, Trademark Infringement

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