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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

Status of Trump Executive Orders and Implications for Cities

This alert is jointly authored by the federal and local government relations teams at Brownstein to provide a comprehensive analysis of President Donald Trump’s executive orders' impacts on cities. Brownstein remains committed…more

Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Executive Orders

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Pacifico Agnellini

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative…more

Appeals, CFTC, Commodities, Constitutional Challenges, Enforcement Actions

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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

Congress Threatens Putin with Sanctions Bill

The Sanctioning Russia Act of 2025 (S.1241/H.R.2548) is currently under consideration in both the Senate and the House in response to Russia’s ongoing invasion of Ukraine. The Senate version, introduced on April 1, 2025, by…more

Congressional Committees, Economic Sanctions, Energy Sector, International Trade, National Security

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Alexis Anicama

White House Releases Additional FY26 Budget Details

On Friday, May 30, the Trump administration released the Technical Supplement to the 2026 Budget (“Appendix”). The appendix follows the May 2 release of the president’s recommendations on discretionary funding levels for fiscal…more

Federal Budget, Federal Funding, Government Agencies, Legislative Agendas, Trump Administration

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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

Colorado Enacts the Model Money Transmission Act

On April 18, 2025, Colorado enacted the Model Money Transmission Modernization Act (MTMA) (HB 25-1201), which repeals and replaces the state’s previous Money Transmitters Act. The law updates standards for the licensing,…more

Colorado, Financial Services Industry, FinTech, Licensing Rules, Money Transmitter

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Mae Babbington

Summary of Health Care Provisions in the “One Big Beautiful Bill Act”

On May 22, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R. 1), an extensive budget reconciliation package that advances President Trump’s plan to enact his economic agenda. After a series of ongoing…more

Drug Pricing, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

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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

Brownstein Secures Regulatory Relief Promoting Credit Access and Affordability

Over the past several weeks, litigation and government relations efforts have resulted in the accounts receivables management (“ARM”) industry achieving regulatory clarity, which will allow the industry to better serve clients…more

Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Creditors, Debt Collection, Fair Credit Reporting Act (FCRA)

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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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

See all updates »

Gregory Berger

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Melissa Kuipers Blake

Senate Votes to Reject California’s Ban of Gas-Powered Cars

On May 22, the Senate approved three House-backed Congressional Review Act (CRA) resolutions that overturned Environmental Protection Agency (EPA) waivers, which had effectively imposed a de facto ban on gas-powered cars in…more

Automotive Industry, Biden Administration, California, Congressional Review Act, Electric Vehicles

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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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Harrison Bohn

Nevada Enacts Corporate Legislation and Advances Dedicated Business Court

Continuing its tradition of bipartisan, thoughtful development of corporate laws and fostering an atmosphere supportive of responsible businesses, the Nevada Legislature has approved—and Gov. Joe Lombardo has signed—Assembly…more

Business Entities, Business Litigation, Corporate Governance, Fiduciary Duty, Limited Liability Company (LLC)

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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

DOJ Issues New Guidance on White-Collar Prosecutions and Corporate Monitors

On May 12, 2025, the current head of the Department of Justice’s (DOJ) Criminal Division issued fresh guidance to all personnel under his purview with new two memoranda…more

Corporate Misconduct, Corporate Monitoring, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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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

EO 11246 Repeal: What Does It Mean for Federal Contractors and Private Employers?

One of President Donald J. Trump’s first executive orders fundamentally upends the time-consuming and costly affirmative action requirements that federal contractors have followed for years. By signing the Jan. 21, 2025,…more

Affirmative Action, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination

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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

Congress Threatens Putin with Sanctions Bill

The Sanctioning Russia Act of 2025 (S.1241/H.R.2548) is currently under consideration in both the Senate and the House in response to Russia’s ongoing invasion of Ukraine. The Senate version, introduced on April 1, 2025, by…more

Congressional Committees, Economic Sanctions, Energy Sector, International Trade, National Security

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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)

See all updates »

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 Joint Minerals Committee Looks to Enhanced Oil Recovery

On May 21, 2025, the Joint Minerals, Business and Economic Development Committee met in Casper, Wyoming. Lawmakers and industry leaders examined the future of enhanced oil recovery (EOR) in the state—an effort that could unlock…more

Carbon Capture and Sequestration, Economic Development, Energy Policy, Energy Projects, Energy Tax Incentives

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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 State Budget 2025-26

The governor’s 2025-26 budget proposal breaks the cycle of deficits past with a cautiously optimistic projection of a $322.2 million surplus. The source of this modest surplus, which comes as a great surprise to many still…more

California, Deficit Reduction, Governor Newsom, State and Local Government, State Budgets

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Reily Christian

Trump Uses IEEPA to Impose Tariffs on China, Mexico and Canada—Analysis and Summary

As of Monday afternoon, Feb. 3, discussions between President Trump, Canadian Prime Minister Justin Trudeau and Mexican President Claudia Sheinbaum have resulted in a one-month delay in implementing tariffs on those countries…more

Canada, China, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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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

The Season for Commercial Tax Assessments Has Arrived

Every two years, every Colorado county reassesses property taxes for real and personal property. The notices of valuation for the 2025-2026 cycle will soon be released on May 1. Now is the time for commercial property owners to…more

Appeals, Colorado, Commercial Property Owners, Commercial Real Estate Market, Filing Deadlines

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Ray Colas

Maryland’s Mixed Bond Rating

Earlier this month, Maryland received the sobering fiscal news that for the first time in over 50 years, Moody’s Investors Service downgraded the state’s bond rating. The change, from Aaa to Aa1, removes Maryland from the elite…more

Credit Ratings, Federal Budget, Legislative Agendas, Maryland, Political Campaigns

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Beth Collins

California Refines Political Giving Rules to Limit “Pay to Play” Concerns

Under SB 1243, attorneys, architects, engineers, planners, political consultants, and other “agents” are absolutely barred from making political contributions to elected and appointed officials while a decision is pending and…more

California, Fair Political Practices Commission (FPPC), New Legislation, Pay-To-Play, Political Campaigns

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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

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the tariffs…more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

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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

Congress Sets Its “AI” on the States: House Advances Moratorium on State AI Laws

The House version of the budget reconciliation package (H.R.1) includes a 10-year moratorium on state and local enforcement of “any law or regulation regulating artificial intelligence models, artificial intelligence systems, or…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, New Legislation

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M. Evan Corcoran

DOJ Issues New Guidance on White-Collar Prosecutions and Corporate Monitors

On May 12, 2025, the current head of the Department of Justice’s (DOJ) Criminal Division issued fresh guidance to all personnel under his purview with new two memoranda…more

Corporate Misconduct, Corporate Monitoring, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

See all updates »

Baltazar Cornejo

California State Budget 2025-26

The governor’s 2025-26 budget proposal breaks the cycle of deficits past with a cautiously optimistic projection of a $322.2 million surplus. The source of this modest surplus, which comes as a great surprise to many still…more

California, Deficit Reduction, Governor Newsom, State and Local Government, State Budgets

See all updates »

Ross Crown

Big, Beautiful and Really Terrific: Government Contracting in the Trump Administration

After 100 days, the dawn of the Trump administration reveals to contractors a variable horizon. Changes to the procurement process and shifting budget priorities threaten certain contracts. Conversely, anticipated streamlining…more

Budget Cuts, Contract Disputes, Contract Termination, Executive Orders, Federal Acquisition Regulations (FAR)

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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 Changes Approach to Guidance

On May 12, 2025, the Consumer Financial Protection Bureau (CFPB) announced a sweeping withdrawal of 67 guidance documents issued since the CFPB’s inception, signaling a marked shift in its regulatory approach. This move reflects…more

Consumer Financial Protection Bureau (CFPB), Corporate Counsel, Enforcement Actions, Executive Orders, Final Rules

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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

Congress Threatens Putin with Sanctions Bill

The Sanctioning Russia Act of 2025 (S.1241/H.R.2548) is currently under consideration in both the Senate and the House in response to Russia’s ongoing invasion of Ukraine. The Senate version, introduced on April 1, 2025, by…more

Congressional Committees, Economic Sanctions, Energy Sector, International Trade, National Security

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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

Reflections on the Inflation Reduction Act’s Pill Penalty

The Medicare drug price negotiation provision in the 2022 Inflation Reduction Act treats small molecule drugs and biological products differently. For small molecules, drug price negotiations can start seven years after Food and…more

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William Downey

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative…more

Appeals, CFTC, Commodities, Constitutional Challenges, Enforcement Actions

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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

Wyoming Adopts Statutory Limits for Noncompetes

The Wyoming State Legislature has adopted a statute limiting the use of noncompete restrictions for Wyoming workers. Importantly, the Wyoming statute is not a categorical ban on noncompetes and protects the validity of these…more

Employee Rights, Employment Contract, Health Care Providers, New Legislation, New Regulations

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Katherine Duncan

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to conduct…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), New Rules, Proposed Rules

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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

DOJ Issues New Guidance on White-Collar Prosecutions and Corporate Monitors

On May 12, 2025, the current head of the Department of Justice’s (DOJ) Criminal Division issued fresh guidance to all personnel under his purview with new two memoranda…more

Corporate Misconduct, Corporate Monitoring, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

See all updates »

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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Theodore Ellington

Status of Trump Executive Orders and Implications for Cities

This alert is jointly authored by the federal and local government relations teams at Brownstein to provide a comprehensive analysis of President Donald Trump’s executive orders' impacts on cities. Brownstein remains committed…more

Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Executive Orders

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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

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

On May 21, 2025, the Joint Minerals, Business and Economic Development Committee met in Casper, Wyoming. Lawmakers and industry leaders examined the future of enhanced oil recovery (EOR) in the state—an effort that could unlock…more

Carbon Capture and Sequestration, Economic Development, Energy Policy, Energy Projects, Energy Tax Incentives

See all updates »

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

Summary of Health Care Provisions in the “One Big Beautiful Bill Act”

On May 22, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R. 1), an extensive budget reconciliation package that advances President Trump’s plan to enact his economic agenda. After a series of ongoing…more

Drug Pricing, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

See all updates »

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

Can You Spell Rescission?

Under the Impoundment Control Act (ICA) of 1974, the president has the authority to permanently cancel federal funding once it has been enacted by Congress, referred to as a rescission. Under the ICA, the president must transmit…more

Federal Funding, Government Agencies, Proposed Legislation, Rescission, Trump Administration

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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

Ensuring Transparency and Compliance in Eco-Friendly Marketing

Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way to…more

Compliance, Environmental Claims, False Advertising, Greenwashing, Marketing

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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

Status of Trump Executive Orders and Implications for Cities

This alert is jointly authored by the federal and local government relations teams at Brownstein to provide a comprehensive analysis of President Donald Trump’s executive orders' impacts on cities. Brownstein remains committed…more

Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Executive Orders

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Josh Friednash

What to Expect from the 2025 Colorado State Legislative Session

The 2025 legislative session begins tomorrow. With a $1 billion budget shortfall looming, Colorado lawmakers are already facing tough decisions on how to tackle issues affecting residents and businesses alike. In addition,…more

Education Reform, Environmental Policies, Labor Reform, Medicaid, Property Tax

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Logan Fry

What to Expect from the 2025 Colorado State Legislative Session

The 2025 legislative session begins tomorrow. With a $1 billion budget shortfall looming, Colorado lawmakers are already facing tough decisions on how to tackle issues affecting residents and businesses alike. In addition,…more

Education Reform, Environmental Policies, Labor Reform, Medicaid, Property Tax

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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

New Executive Order on FCPA: Impact on Corporate Compliance

On Feb. 10, the White House announced a new executive order (“EO”) entitled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.” This EO essentially directs the U.S. Department…more

Anti-Corruption, Biden Administration, Corporate Governance, Department of Justice (DOJ), Enforcement Actions

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Anthony Georgescu

Fifth Circuit Reverses Prior Ruling, Reinstating Injunction on Corporate Transparency Act

On Dec. 26, 2024, the Fifth Circuit Court of Appeals issued another order in the contentious case of Texas Top Cop Shop, Inc. v. Garland, which concerns the Corporate Transparency Act (the “Act”). This marks the third major…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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J. Brin Gibson

Recent Enforcement Actions a Reminder of the Importance of BSA Compliance for Nevada Casinos

Following a multiyear lull, the Nevada gaming industry has recently experienced a flurry of federal and state regulatory actions related to the enforcement of the Bank Secrecy Act. Just the past several months alone have seen…more

Anti-Money Laundering, Bank Secrecy Act, Casinos, Enforcement Actions, FinCEN

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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

Trump Administration Executive Order Sets Course for U.S. Mineral Production and Supply Chain Resilience

On March 20, President Donald Trump signed an executive order titled “Immediate Measures to Increase American Mineral Production,” which aims to reestablish the United States as a dominant force in critical mineral production…more

China, Department of Defense (DOD), Energy Sector, Executive Orders, Investment

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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

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Allen Grunes

The FTC Announces Increased HSR Thresholds for 2025

On Jan. 10, 2025, the Federal Trade Commission announced the 2025 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions that…more

Administrative Procedure Act, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Filing Fees

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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)

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Harold Hancock

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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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

President Trump Issues America First Trade Policy Memorandum—Analysis and Section Summary

President Donald Trump issued an “American First Trade Policy Memorandum” as part of wide-ranging executive actions on Jan. 20, his first day in office. The memorandum calls for a series of reviews of U.S. trade policy and…more

China, Export Controls, International Trade, National Security, Section 232

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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 State Budget 2025-26

The governor’s 2025-26 budget proposal breaks the cycle of deficits past with a cautiously optimistic projection of a $322.2 million surplus. The source of this modest surplus, which comes as a great surprise to many still…more

California, Deficit Reduction, Governor Newsom, State and Local Government, State Budgets

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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

Colorado Enacts the Model Money Transmission Act

On April 18, 2025, Colorado enacted the Model Money Transmission Modernization Act (MTMA) (HB 25-1201), which repeals and replaces the state’s previous Money Transmitters Act. The law updates standards for the licensing,…more

Colorado, Financial Services Industry, FinTech, Licensing Rules, Money Transmitter

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Bradley Herrema

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate…more

Appeals, California, Constitutional Challenges, Endangered Species, Environmental Litigation

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Jack Hobaugh Jr.

California Consumer Privacy Act Enforcement Costs Company Over $600,000

On March 12, 2025, the Board of the California Privacy Protection Agency (“CPPA”) issued a decision requiring American Honda Motor Co. (“American Honda”) to change its business practices and pay a $632,500 fine for making it…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy, Data Protection

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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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J. Brady Howell

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the tariffs…more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

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Jack Hoyt

Congress Threatens Putin with Sanctions Bill

The Sanctioning Russia Act of 2025 (S.1241/H.R.2548) is currently under consideration in both the Senate and the House in response to Russia’s ongoing invasion of Ukraine. The Senate version, introduced on April 1, 2025, by…more

Congressional Committees, Economic Sanctions, Energy Sector, International Trade, National Security

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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

A First Look at the Second Trump Administration’s National Security and Foreign Policy

President-elect Donald Trump and his key advisors have embraced the “Return to Peace through Strength,” sometimes known as “America First,” concept when describing their foreign policy and national security goals in the next…more

Artificial Intelligence, China, Economic Sanctions, Export Controls, Foreign Policy

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Adama Iwu

Maryland’s Mixed Bond Rating

Earlier this month, Maryland received the sobering fiscal news that for the first time in over 50 years, Moody’s Investors Service downgraded the state’s bond rating. The change, from Aaa to Aa1, removes Maryland from the elite…more

Credit Ratings, Federal Budget, Legislative Agendas, Maryland, Political Campaigns

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Joe Jaso

Maryland’s Mixed Bond Rating

Earlier this month, Maryland received the sobering fiscal news that for the first time in over 50 years, Moody’s Investors Service downgraded the state’s bond rating. The change, from Aaa to Aa1, removes Maryland from the elite…more

Credit Ratings, Federal Budget, Legislative Agendas, Maryland, 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

Trump Administration Executive Order Sets Course for U.S. Mineral Production and Supply Chain Resilience

On March 20, President Donald Trump signed an executive order titled “Immediate Measures to Increase American Mineral Production,” which aims to reestablish the United States as a dominant force in critical mineral production…more

China, Department of Defense (DOD), Energy Sector, Executive Orders, Investment

See all updates »

Rashad Johnson

Status of Trump Executive Orders and Implications for Cities

This alert is jointly authored by the federal and local government relations teams at Brownstein to provide a comprehensive analysis of President Donald Trump’s executive orders' impacts on cities. Brownstein remains committed…more

Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Executive Orders

See all updates »

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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Jared Jones

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

See all updates »

Daniel Joseph

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Greta Joynes

Delete, Delete, Delete: FCC Announces Deregulatory Initiative

On March 12, the Federal Communications Commission (FCC) launched a new deregulatory initiative through a Public Notice titled “In Re: Delete, Delete, Delete.” In this Public Notice, the FCC solicits public comments on whether…more

Executive Orders, FCC, Public Comment, Regulatory Reform, Rulemaking Process

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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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Mackenzie Warren Kay

Nevada Enacts Corporate Legislation and Advances Dedicated Business Court

Continuing its tradition of bipartisan, thoughtful development of corporate laws and fostering an atmosphere supportive of responsible businesses, the Nevada Legislature has approved—and Gov. Joe Lombardo has signed—Assembly…more

Business Entities, Business Litigation, Corporate Governance, Fiduciary Duty, Limited Liability Company (LLC)

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Michael King

Colorado Changes Noncompete Statute Again

In the recently adjourned legislative session, Colorado lawmakers passed substantial changes to the state’s noncompete law. SB 83, if enacted, is poised to have a significant impact on the state’s health care industry and could…more

Acquisitions, Colorado, Health Care Providers, Healthcare, Mergers

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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 Enacts Corporate Legislation and Advances Dedicated Business Court

Continuing its tradition of bipartisan, thoughtful development of corporate laws and fostering an atmosphere supportive of responsible businesses, the Nevada Legislature has approved—and Gov. Joe Lombardo has signed—Assembly…more

Business Entities, Business Litigation, Corporate Governance, Fiduciary Duty, Limited Liability Company (LLC)

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John LaLime

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the tariffs…more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

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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

California Warns Foreign Bribery Can Still Lead to State Liability

California’s attorney general recently reminded businesses that regardless of what the Trump administration does, businesses can still be responsible for violations of state law. In a recently issued legal advisory, state…more

Bribery, California, Enforcement Actions, Executive Orders, Foreign Corrupt Practices Act (FCPA)

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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

See all updates »

Christopher Lay

Trump Administration Executive Order on Arms Sales

On April 10, the Trump administration announced, through an executive order (EO), a new initiative to reform the defense sales system, with the goal of improving the speed and accountability of the system…more

Arms Export Control Act, Defense Sector, Department of Defense (DOD), Executive Orders, Export Controls

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Jennifer Lee

California Refines Political Giving Rules to Limit “Pay to Play” Concerns

Under SB 1243, attorneys, architects, engineers, planners, political consultants, and other “agents” are absolutely barred from making political contributions to elected and appointed officials while a decision is pending and…more

California, Fair Political Practices Commission (FPPC), New Legislation, Pay-To-Play, Political Campaigns

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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

See all updates »

Darcy Levy

California Consumer Privacy Act Enforcement Costs Company Over $600,000

On March 12, 2025, the Board of the California Privacy Protection Agency (“CPPA”) issued a decision requiring American Honda Motor Co. (“American Honda”) to change its business practices and pay a $632,500 fine for making it…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy, Data Protection

See all updates »

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

California’s New Requirements for Buyer-Broker Representation Agreements

As of Jan. 1, 2025, California law mandates a written buyer-broker representation agreement for buyer’s brokers to receive a commission in real property sales. The new law applies to sales of all property types, including…more

Antitrust Provisions, California, Compliance, Contract Terms, Disclosure Requirements

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Jessica Lewis

Next in Missile Defense Technology: Trump’s “Golden Dome for America” Plan

Early in President Donald Trump’s second term, he signed Executive Order (E.O.) 14186, “Iron Dome for America,” to create a cutting-edge missile defense system for the United States. President Trump’s goal for the Golden Dome…more

Congressional Committees, Defense Sector, Department of Defense (DOD), Executive Orders, Federal Funding

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Blair Lichtenfels

Coming Soon in Colorado: Recommended Legislation for Transparency in Corporate Housing Ownership

After 18 months of stakeholder meetings with local governments, real estate developers and consumer advocates, the Colorado Task Force to Study Corporate Housing Ownership is expected to release a report later this month…more

Affordable Housing, Corporate Governance, Disclosure Requirements, Housing Market, New Legislation

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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

See all updates »

Mary Loum

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate…more

Appeals, California, Constitutional Challenges, Endangered Species, Environmental Litigation

See all updates »

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 »

Alice Lugo

Status of Trump Executive Orders and Implications for Cities

This alert is jointly authored by the federal and local government relations teams at Brownstein to provide a comprehensive analysis of President Donald Trump’s executive orders' impacts on cities. Brownstein remains committed…more

Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Executive Orders

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

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the tariffs…more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

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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

The FTC Announces Increased HSR Thresholds for 2025

On Jan. 10, 2025, the Federal Trade Commission announced the 2025 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions that…more

Administrative Procedure Act, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Filing Fees

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Philip McDermott

Fifth Circuit Reverses Prior Ruling, Reinstating Injunction on Corporate Transparency Act

On Dec. 26, 2024, the Fifth Circuit Court of Appeals issued another order in the contentious case of Texas Top Cop Shop, Inc. v. Garland, which concerns the Corporate Transparency Act (the “Act”). This marks the third major…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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William McGrath

Trump Administration Executive Order Sets Course for U.S. Mineral Production and Supply Chain Resilience

On March 20, President Donald Trump signed an executive order titled “Immediate Measures to Increase American Mineral Production,” which aims to reestablish the United States as a dominant force in critical mineral production…more

China, Department of Defense (DOD), Energy Sector, Executive Orders, Investment

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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

Delete, Delete, Delete: FCC Announces Deregulatory Initiative

On March 12, the Federal Communications Commission (FCC) launched a new deregulatory initiative through a Public Notice titled “In Re: Delete, Delete, Delete.” In this Public Notice, the FCC solicits public comments on whether…more

Executive Orders, FCC, Public Comment, Regulatory Reform, Rulemaking Process

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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

Senate Votes to Reject California’s Ban of Gas-Powered Cars

On May 22, the Senate approved three House-backed Congressional Review Act (CRA) resolutions that overturned Environmental Protection Agency (EPA) waivers, which had effectively imposed a de facto ban on gas-powered cars in…more

Automotive Industry, Biden Administration, California, Congressional Review Act, Electric Vehicles

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John Menges

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the tariffs…more

Appeals, Constitutional Challenges, International Emergency Economic Powers Act (IEEPA), International Trade, Judicial Authority

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Sarah Mercer

Congress Sets Its “AI” on the States: House Advances Moratorium on State AI Laws

The House version of the budget reconciliation package (H.R.1) includes a 10-year moratorium on state and local enforcement of “any law or regulation regulating artificial intelligence models, artificial intelligence systems, or…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, New Legislation

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David Meschke

The Season for Commercial Tax Assessments Has Arrived

Every two years, every Colorado county reassesses property taxes for real and personal property. The notices of valuation for the 2025-2026 cycle will soon be released on May 1. Now is the time for commercial property owners to…more

Appeals, Colorado, Commercial Property Owners, Commercial Real Estate Market, Filing Deadlines

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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

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Lauren Mish

Summary of Health Care Provisions in the “One Big Beautiful Bill Act”

On May 22, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R. 1), an extensive budget reconciliation package that advances President Trump’s plan to enact his economic agenda. After a series of ongoing…more

Drug Pricing, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

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Radha Mohan

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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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

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Ruth Elizabeth Morris

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to conduct…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), New Rules, Proposed Rules

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William Moschella

DOJ Issues New Guidance on White-Collar Prosecutions and Corporate Monitors

On May 12, 2025, the current head of the Department of Justice’s (DOJ) Criminal Division issued fresh guidance to all personnel under his purview with new two memoranda…more

Corporate Misconduct, Corporate Monitoring, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Alfred Mottur

Delete, Delete, Delete: FCC Announces Deregulatory Initiative

On March 12, the Federal Communications Commission (FCC) launched a new deregulatory initiative through a Public Notice titled “In Re: Delete, Delete, Delete.” In this Public Notice, the FCC solicits public comments on whether…more

Executive Orders, FCC, Public Comment, Regulatory Reform, Rulemaking Process

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Thomas Mottur

Trump Administration Announces Department of State Restructuring

On April 22, Secretary of State Marco Rubio announced a plan to implement across-the-board structural changes to the Department of State to bring the department in line with President Trump’s America First foreign policy agenda…more

Economic Sanctions, Energy Sector, Foreign Policy, Human Rights, National Security

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Jessica Mullinix

California Residential Landlords to Be Required to Photograph Units

Changes to California law (specifically, Cal. Civ. Code Section 1950.5(g)-(h)) effective this year will obligate residential landlords to photographically document the condition of rental units at the outset and conclusion of…more

California, Landlords, New Legislation, Real Estate Transactions, Tenants

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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

Changing Affairs: VA Expects Change During Trump Administration

With President-elect Donald Trump’s victory in the November elections, the former and next occupant of the White House is expected to shake up “business as usual” in Washington. The president’s plans include the Department of…more

Artificial Intelligence, Department of Veterans Affairs, Electronic Medical Records, Federal Budget, Health Care Providers

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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

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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

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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

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Matthew Nyberg

The FTC Announces Increased HSR Thresholds for 2025

On Jan. 10, 2025, the Federal Trade Commission announced the 2025 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions that…more

Administrative Procedure Act, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Filing Fees

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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

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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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Colin Oldberg

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Christopher Ottele

Wyoming Adopts Statutory Limits for Noncompetes

The Wyoming State Legislature has adopted a statute limiting the use of noncompete restrictions for Wyoming workers. Importantly, the Wyoming statute is not a categorical ban on noncompetes and protects the validity of these…more

Employee Rights, Employment Contract, Health Care Providers, New Legislation, New Regulations

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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

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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

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Morgan Parsons

California Consumer Privacy Act Enforcement Costs Company Over $600,000

On March 12, 2025, the Board of the California Privacy Protection Agency (“CPPA”) issued a decision requiring American Honda Motor Co. (“American Honda”) to change its business practices and pay a $632,500 fine for making it…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy, Data Protection

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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

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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)

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Zachary Pfister

CFPB Changes Approach to Guidance

On May 12, 2025, the Consumer Financial Protection Bureau (CFPB) announced a sweeping withdrawal of 67 guidance documents issued since the CFPB’s inception, signaling a marked shift in its regulatory approach. This move reflects…more

Consumer Financial Protection Bureau (CFPB), Corporate Counsel, Enforcement Actions, Executive Orders, Final Rules

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Morgan Phillips

Next in Missile Defense Technology: Trump’s “Golden Dome for America” Plan

Early in President Donald Trump’s second term, he signed Executive Order (E.O.) 14186, “Iron Dome for America,” to create a cutting-edge missile defense system for the United States. President Trump’s goal for the Golden Dome…more

Congressional Committees, Defense Sector, Department of Defense (DOD), Executive Orders, Federal Funding

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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

Brownstein Secures Regulatory Relief Promoting Credit Access and Affordability

Over the past several weeks, litigation and government relations efforts have resulted in the accounts receivables management (“ARM”) industry achieving regulatory clarity, which will allow the industry to better serve clients…more

Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Creditors, Debt Collection, Fair Credit Reporting Act (FCRA)

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Caitlin Quander

Coming Soon in Colorado: Recommended Legislation for Transparency in Corporate Housing Ownership

After 18 months of stakeholder meetings with local governments, real estate developers and consumer advocates, the Colorado Task Force to Study Corporate Housing Ownership is expected to release a report later this month…more

Affordable Housing, Corporate Governance, Disclosure Requirements, Housing Market, New Legislation

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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

California Residential Landlords to Be Required to Photograph Units

Changes to California law (specifically, Cal. Civ. Code Section 1950.5(g)-(h)) effective this year will obligate residential landlords to photographically document the condition of rental units at the outset and conclusion of…more

California, Landlords, New Legislation, Real Estate Transactions, Tenants

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Randy Rea

Wyoming Adopts Statutory Limits for Noncompetes

The Wyoming State Legislature has adopted a statute limiting the use of noncompete restrictions for Wyoming workers. Importantly, the Wyoming statute is not a categorical ban on noncompetes and protects the validity of these…more

Employee Rights, Employment Contract, Health Care Providers, New Legislation, New Regulations

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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

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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

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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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Bart Reising

Congress Threatens Putin with Sanctions Bill

The Sanctioning Russia Act of 2025 (S.1241/H.R.2548) is currently under consideration in both the Senate and the House in response to Russia’s ongoing invasion of Ukraine. The Senate version, introduced on April 1, 2025, by…more

Congressional Committees, Economic Sanctions, Energy Sector, International Trade, National Security

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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

Colorado Changes Noncompete Statute Again

In the recently adjourned legislative session, Colorado lawmakers passed substantial changes to the state’s noncompete law. SB 83, if enacted, is poised to have a significant impact on the state’s health care industry and could…more

Acquisitions, Colorado, Health Care Providers, Healthcare, Mergers

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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

Regulating Digital Dollars: How Federal Bills Stack Up

In November of 2021, the President’s Working Group on Financial Markets, joined by the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC), issued a report formally recommending…more

Banking Sector, Digital Assets, Federal Reserve, Financial Institutions, New Legislation

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Rachel Rockwell

AB 303 Targets Battery Energy Storage, Seeks to Reassert Local Control

On Jan. 23, 2025, California Assemblymember Dawn Addis (D-Morro Bay) introduced Assembly Bill (AB) 303, titled the “Battery Energy Safety and Accountability Act.” Broadly, AB 303, would impose siting restrictions on battery…more

California, Clean Energy, Energy Policy, Energy Storage, Environmental Policies

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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

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Gabrielle Russo

Senate Votes to Reject California’s Ban of Gas-Powered Cars

On May 22, the Senate approved three House-backed Congressional Review Act (CRA) resolutions that overturned Environmental Protection Agency (EPA) waivers, which had effectively imposed a de facto ban on gas-powered cars in…more

Automotive Industry, Biden Administration, California, Congressional Review Act, Electric Vehicles

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Preston Rutledge

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Paige Samblanet

Supreme Court Makes Waves In San Francisco Ruling

When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection Agency…more

Clean Water Act, Enforcement, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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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

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Jonathan Sandler

California Warns Foreign Bribery Can Still Lead to State Liability

California’s attorney general recently reminded businesses that regardless of what the Trump administration does, businesses can still be responsible for violations of state law. In a recently issued legal advisory, state…more

Bribery, California, Enforcement Actions, Executive Orders, Foreign Corrupt Practices Act (FCPA)

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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

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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

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Sage Schaftel

Summary of Health Care Provisions in the “One Big Beautiful Bill Act”

On May 22, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R. 1), an extensive budget reconciliation package that advances President Trump’s plan to enact his economic agenda. After a series of ongoing…more

Drug Pricing, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

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Scott Scherer

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative…more

Appeals, CFTC, Commodities, Constitutional Challenges, Enforcement Actions

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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

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Ellen Schulhofer

Nevada Enacts Corporate Legislation and Advances Dedicated Business Court

Continuing its tradition of bipartisan, thoughtful development of corporate laws and fostering an atmosphere supportive of responsible businesses, the Nevada Legislature has approved—and Gov. Joe Lombardo has signed—Assembly…more

Business Entities, Business Litigation, Corporate Governance, Fiduciary Duty, Limited Liability Company (LLC)

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Shane Schulz

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

On May 21, 2025, the Joint Minerals, Business and Economic Development Committee met in Casper, Wyoming. Lawmakers and industry leaders examined the future of enhanced oil recovery (EOR) in the state—an effort that could unlock…more

Carbon Capture and Sequestration, Economic Development, Energy Policy, Energy Projects, Energy Tax Incentives

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Jenifer Scoggin

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

On May 21, 2025, the Joint Minerals, Business and Economic Development Committee met in Casper, Wyoming. Lawmakers and industry leaders examined the future of enhanced oil recovery (EOR) in the state—an effort that could unlock…more

Carbon Capture and Sequestration, Economic Development, Energy Policy, Energy Projects, Energy Tax Incentives

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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

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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

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David Sherwood

Trump Administration Executive Order Sets Course for U.S. Mineral Production and Supply Chain Resilience

On March 20, President Donald Trump signed an executive order titled “Immediate Measures to Increase American Mineral Production,” which aims to reestablish the United States as a dominant force in critical mineral production…more

China, Department of Defense (DOD), Energy Sector, Executive Orders, Investment

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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

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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

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Greg Sileo

Maryland’s Mixed Bond Rating

Earlier this month, Maryland received the sobering fiscal news that for the first time in over 50 years, Moody’s Investors Service downgraded the state’s bond rating. The change, from Aaa to Aa1, removes Maryland from the elite…more

Credit Ratings, Federal Budget, Legislative Agendas, Maryland, Political Campaigns

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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

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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

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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

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to conduct…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), New Rules, Proposed Rules

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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

Can You Spell Rescission?

Under the Impoundment Control Act (ICA) of 1974, the president has the authority to permanently cancel federal funding once it has been enacted by Congress, referred to as a rescission. Under the ICA, the president must transmit…more

Federal Funding, Government Agencies, Proposed Legislation, Rescission, Trump Administration

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Steven Stenzler

California State Budget 2025-26

The governor’s 2025-26 budget proposal breaks the cycle of deficits past with a cautiously optimistic projection of a $322.2 million surplus. The source of this modest surplus, which comes as a great surprise to many still…more

California, Deficit Reduction, Governor Newsom, State and Local Government, State Budgets

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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

Maryland Governor Releases 2026 Budget Proposal

Last week, on Jan. 15, Gov. Wes Moore introduced to the Maryland General Assembly his fiscal year 2026 budget package. This $67.3 billion proposal, aiming to close the state’s nearly $3 billion budget gap, places a strong…more

Corporate Taxes, Department of Education, Income Taxes, Infrastructure, Public Schools

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Nancy Strelau

U.S. Department of Labor Pauses Enforcement of Worker Classification Guidelines

On May 1, 2025, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a field assistance bulletin on “how to determine employee or independent contractor status,” effectively pausing the implementation of its 2024…more

Biden Administration, Department of Labor (DOL), Economic Realities Test, Enforcement Actions, Fair Labor Standards Act (FLSA)

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Russell Sullivan

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Greg Sunstrum

Bipartisan AI Task Force Report Sets the Stage for Health Care AI Action in 2025

The House Task Force on Artificial Intelligence (AI) released a comprehensive 253-page report providing a roadmap for Congress as it develops policies to regulate and optimize the use of this rapidly advancing technology. The…more

Artificial Intelligence, Compliance, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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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

Summary of Health Care Provisions in the “One Big Beautiful Bill Act”

On May 22, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R. 1), an extensive budget reconciliation package that advances President Trump’s plan to enact his economic agenda. After a series of ongoing…more

Drug Pricing, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

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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 AI Policy Direction: Key Insights and Business Implications

On March 18, 2025, the Joint California Policy Working Group on AI Frontier Models released a draft report outlining principles for AI regulation in California. This effort follows Gov. Gavin Newsom’s 2024 veto of SB 1047…more

Artificial Intelligence, Corporate Governance, Machine Learning, Regulatory Agenda, Regulatory Reform

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Jonathan Towers

Changing Affairs: VA Expects Change During Trump Administration

With President-elect Donald Trump’s victory in the November elections, the former and next occupant of the White House is expected to shake up “business as usual” in Washington. The president’s plans include the Department of…more

Artificial Intelligence, Department of Veterans Affairs, Electronic Medical Records, Federal Budget, Health Care Providers

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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

Colorado Changes Noncompete Statute Again

In the recently adjourned legislative session, Colorado lawmakers passed substantial changes to the state’s noncompete law. SB 83, if enacted, is poised to have a significant impact on the state’s health care industry and could…more

Acquisitions, Colorado, Health Care Providers, Healthcare, Mergers

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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

Recent Enforcement Actions a Reminder of the Importance of BSA Compliance for Nevada Casinos

Following a multiyear lull, the Nevada gaming industry has recently experienced a flurry of federal and state regulatory actions related to the enforcement of the Bank Secrecy Act. Just the past several months alone have seen…more

Anti-Money Laundering, Bank Secrecy Act, Casinos, Enforcement Actions, FinCEN

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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

H.R. 1 Tax Title – Summary and Analysis

On May 22, the House of Representatives passed H.R. 1, “The One, Big, Beautiful Bill Act,” legislation authorized under the FY 2025 concurrent budget resolution (H. Con. Res. 14). The bill includes a broad range of…more

Federal Taxes, New Legislation, Proposed Legislation, Tax Reform, Taxation

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Ryan Waterman

On WOTUS Notice: EPA Gives Notice of Yet Another Clean Water Act Rule

The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to conduct…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), New Rules, Proposed Rules

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Joshua Weiss

DEI Volley: Democratic State AGs Push Back on Federal Actions

In response to a recent federal executive actions targeting private-sector DEI and DEIA policies, a coalition of 16 Democratic state attorneys general issued guidance on Feb. 13 affirming the legality and viability of such…more

Affirmative Action, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Sloane Whelan

Colorado Changes Noncompete Statute Again

In the recently adjourned legislative session, Colorado lawmakers passed substantial changes to the state’s noncompete law. SB 83, if enacted, is poised to have a significant impact on the state’s health care industry and could…more

Acquisitions, Colorado, Health Care Providers, Healthcare, Mergers

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Carolynne White

FEC Releases 2025-2026 Election Cycle Contribution Limits

On Jan. 30, 2025, the Federal Election Commission (“FEC”) released increased contribution limits for the 2025-2026 election cycle. The limits are indexed for inflation in odd-numbered years and apply to contributions made by…more

Campaign Finance Reform, Contribution Limits, Federal Elections, Political Campaigns, Political Contributions

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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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Thomas Wotka

Congress Threatens Putin with Sanctions Bill

The Sanctioning Russia Act of 2025 (S.1241/H.R.2548) is currently under consideration in both the Senate and the House in response to Russia’s ongoing invasion of Ukraine. The Senate version, introduced on April 1, 2025, by…more

Congressional Committees, Economic Sanctions, Energy Sector, International Trade, National Security

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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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Sydney Ziegler

What to Expect from the 2025 Colorado State Legislative Session

The 2025 legislative session begins tomorrow. With a $1 billion budget shortfall looming, Colorado lawmakers are already facing tough decisions on how to tackle issues affecting residents and businesses alike. In addition,…more

Education Reform, Environmental Policies, Labor Reform, Medicaid, Property Tax

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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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