Brownstein Hyatt Farber Schreck

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675 15th Street
Suite 2900
Denver, CO 80202-4432, United States
Phone: 303.223.1100
Fax: 303.223.1111
Areas Of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Nevada
  • New Jersey
  • New Mexico
  • Wyoming
Number of Attorneys
200+ Attorneys

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

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

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

See all updates »

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

See all updates »

The Wire Act Applies Only to Sports Gambling, For Now

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

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

See all updates »

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)

See all updates »

Spring Cleaning for Your Trademark Portfolio

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

Trademark Registration, Trademarks

See all updates »

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

See all updates »

What’s Sup? Supplemental Defense Bill Passes the House

On Saturday, April 20, the House voted on a series of five separate bills, three of which would provide emergency funding to Israel, Ukraine and the Indo-Pacific, a fourth so-called “sidecar” spending bill that would cover a…more

Appropriations Bill, Defense Sector, Department of Defense (DOD), Federal Budget, Federal Funding

See all updates »

Education Priorities in State of the Union Address

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

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

See all updates »

FCC Declares AI-Generated Calls Subject to TCPA

On Feb. 8, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling confirming the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voice” include…more

Artificial Intelligence, Auto-Dialed Calls, Consent, FCC, Robocalling

See all updates »

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

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

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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

Briefs Pour in as the CFPB’s Fate Hangs By a Thread

On July 14, 2023, the U.S. Supreme Court announced it would hear oral arguments in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA) on October 3, 2023. The court will…more

CFPB v Community Financial Services Association of America, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Federal Funding, Financial Services Industry

See all updates »

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

See all updates »

Ban on Local Anti-Growth Restrictions Passed by Colorado State Legislature

The Colorado state legislature recently approved a bill that would prohibit “governmental entities” from enforcing existing or enacting new local anti-growth laws that would limit housing supply, development applications or…more

Colorado, Community Development, Housing Developers, Real Estate Development, Residential Property Owners

See all updates »

FinCEN BOI Registration: A new federal requirement for millions of companies

Thanks to the Corporate Transparency Act, starting Jan. 1, 2024, all companies created in the United States must complete a new form with the Treasury Department’s Financial Crimes Enforcement Network, commonly known as FinCEN,…more

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

See all updates »

Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger

The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two features…more

Antitrust Provisions, Colorado, Competition, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Fiduciary Rule 4.0 Released

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

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

See all updates »

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

See all updates »

Robocall Legislation Moves Forward

Compromise robocall legislation, called the Pallone-Thune TRACED Act (“Act”), is likely to be enacted soon. The Act enhances the Federal Communications Commission’s (“FCC”) enforcement powers, mandates adoption of the…more

Auto-Dialed Calls, Bad Actors, Corporate Counsel, Do Not Call List, Enforcement Actions

See all updates »

Summary and Analysis: White House FY2024 Budget Request Tax Proposals

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

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

See all updates »

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)

See all updates »

CEQA News You Can Use, December 2023

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, Climate Change, Environmental Impact Report (EIR), Environmental Liability

See all updates »

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)

See all updates »

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)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Ways and Means Committee Republicans Release Pillar Two Remedies Proposal

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

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

See all updates »

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

See all updates »

House Votes to Overturn NLRB’s Joint Employer Rule

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Human Resources Professionals, Joint Employers

See all updates »

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

See all updates »

What’s Sup? Supplemental Defense Bill Passes the House

On Saturday, April 20, the House voted on a series of five separate bills, three of which would provide emergency funding to Israel, Ukraine and the Indo-Pacific, a fourth so-called “sidecar” spending bill that would cover a…more

Appropriations Bill, Defense Sector, Department of Defense (DOD), Federal Budget, Federal Funding

See all updates »

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

See all updates »

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

See all updates »

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

See all updates »

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

See all updates »

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

See all updates »

COP and the Private Sector: How Industry Leaders Can Leverage the Climate Conference

The 28th iteration of the Conference of Parties (COP28) under the United Nations Framework Convention on Climate Change will take place in Dubai, United Arab Emirates, from Nov. 30–Dec. 12, 2023. The meeting brings together…more

Carbon Emissions, Climate Change, Energy & Climate Debates, Energy Policy, Environmental Policies

See all updates »

Venezuela Energy Sanctions Reimposed Barring Democratic Reforms

On April 17, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) released General License (GL) 44A, requiring the wind down of business transactions with Venezuela’s state-owned energy company Petróleos de…more

Biden Administration, Energy Sector, General Licenses, Office of Foreign Assets Control (OFAC), Sanctions

See all updates »

EPA Proposes Two PFAS-Related Rules Under RCRA. More May Be on the Way

On Feb. 8, 2024, the U.S. Environmental Protection Agency (“EPA”) released two proposed rules addressing per- and polyfluoroalkyl substances (“PFAS”) under the Resource Conservation and Recovery Act (“RCRA”). One proposed rule…more

Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

Colorado Court of Appeals Clarifies Time Frame for Property Tax Reassessments

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

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

See all updates »

CEQA News You Can Use, December 2023

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, Climate Change, Environmental Impact Report (EIR), Environmental Liability

See all updates »

Fiduciary Rule 4.0 Released

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

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

See all updates »

Looking Ahead: State Policy Trends for 2023

In 2023, all 50 state legislatures will convene, including biennial legislatures. Nationwide, state legislatures will spend months grappling with policies that will impact their state and constituents. And although each state…more

Biden Administration, China Securities Regulatory Commission (CSRC), Healthcare, Infrastructure, Legislative Agendas

See all updates »

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

See all updates »

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

See all updates »

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

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

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

See all updates »

Delays and Protests Complicate Colorado Property Tax Special Session

During this year’s November election, Coloradans clearly rejected Proposition HH, the ballot measure Democrats in the state legislature referred to the voters in the waning days of the 2023 regular session to address severe…more

Colorado, Pending Legislation, Property Tax, Proposed Legislation, State and Local Government

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Fiduciary Rule 4.0 Released

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

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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

COP and the Private Sector: How Industry Leaders Can Leverage the Climate Conference

The 28th iteration of the Conference of Parties (COP28) under the United Nations Framework Convention on Climate Change will take place in Dubai, United Arab Emirates, from Nov. 30–Dec. 12, 2023. The meeting brings together…more

Carbon Emissions, Climate Change, Energy & Climate Debates, Energy Policy, Environmental Policies

See all updates »

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

See all updates »

Colorado Gears Up to Launch Sports Betting on May 1

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

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

See all updates »

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

See all updates »

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

PCAOB Standards Amendments Could Increase Auditor Responsibilities

In early June, the Public Company Accounting Oversight Board (“PCAOB” or “the Board”) proposed comprehensive amendments that impact how auditors consider noncompliance with laws and regulations, creating the possibility of a…more

Anti-Money Laundering, Auditors, Audits, Board of Directors, Chief Compliance Officers

See all updates »

Colorado Expands PFAS Labeling and Phase Out Rules

With Gov. Jared Polis’ signature on SB 81, Colorado has broadened its restrictions on products containing intentionally added per- and polyfluoroalkyl substances (“PFAS”) to include a wide range of consumer products. Colorado…more

Colorado, Consumer Product Companies, Contamination, Hazardous Substances, PFAS

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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)

See all updates »

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

See all updates »

HHS Hits Nation’s Largest Public Health Plan with Severe Corrective Action Plan

Paying the $1.3 million fine is the easy part. Complying with the CAP is a different undertaking. On Sept. 11, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced an…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Department of Health and Human Services (HHS)

See all updates »

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

See all updates »

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

See all updates »

New Federal Funding to Plug and Abandon Orphaned Wells, Support CO2 Sequestration

Last year, the Department of Interior (DOI) updated its estimate of the number of orphaned or abandoned wells across the United States, documenting 130,000—more than double its previous estimate. The bipartisan 2021…more

Department of the Interior, Energy Sector, Environmental Policies, Infrastructure Investment and Jobs Act (IIJA), Oil & Gas

See all updates »

CFPB Unfairness Authority Limited by Court

Organizations in many instances no longer must spend money on compliance with the Consumer Financial Protection Bureau’s (CFPB) interpretation of its UDAAP authority announced in the March 2022 update to its Supervision and…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Rulemaking Process

See all updates »

Biden Delivers Second State of the Union

President Joe Biden delivered his second State of the Union address on Feb. 7, facing a divided Congress for the first time in his presidency. Biden opened with a show of bipartisanship, drawing cheers as he congratulated the…more

Biden Administration, Infrastructure Investment and Jobs Act (IIJA), New Legislation, Political Speech, State of the Union

See all updates »

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

See all updates »

Delays and Protests Complicate Colorado Property Tax Special Session

During this year’s November election, Coloradans clearly rejected Proposition HH, the ballot measure Democrats in the state legislature referred to the voters in the waning days of the 2023 regular session to address severe…more

Colorado, Pending Legislation, Property Tax, Proposed Legislation, State and Local Government

See all updates »

Biden Reveals Health Care Priorities in FY 2025 Budget

On Monday, March 11, President Joe Biden unveiled his fiscal year (FY) 2025 budget request, the fourth of his presidency. The $7.3 trillion proposal calls for approximately $1.9 trillion in discretionary spending, $4.4 trillion…more

Affordable Care Act, Biden Administration, Federal Budget, Federal Funding, Health Care Providers

See all updates »

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

See all updates »

FTC Extends Comment Deadline on Noncompete Rule

Comments on the Federal Trade Commission’s proposed noncompete clause rulemaking will now be accepted until April 19. The FTC voted 4-0 yesterday to extend the public comment window by roughly 30 days; it was initially set to…more

Comment Period, Employment Contract, Federal Trade Commission (FTC), Former Employee, Hiring & Firing

See all updates »

FinCEN BOI Registration: A new federal requirement for millions of companies

Thanks to the Corporate Transparency Act, starting Jan. 1, 2024, all companies created in the United States must complete a new form with the Treasury Department’s Financial Crimes Enforcement Network, commonly known as FinCEN,…more

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

See all updates »

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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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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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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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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Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

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Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

See all updates »

Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

See all updates »

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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FTC Set To Vote on Final Noncompete Rule

The Federal Trade Commission (FTC) announced this week that it will finally hold its much-anticipated vote to finalize its controversial noncompete rule on Tuesday, April 23, 2024, at 2 p.m. The final regulation, which was first…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Hiring & Firing

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FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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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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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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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 »

Spring Cleaning for Your Trademark Portfolio

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

Trademark Registration, Trademarks

See all updates »

Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger

The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two features…more

Antitrust Provisions, Colorado, Competition, Corporate Counsel, Department of Justice (DOJ)

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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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Tackling California’s Housing Crisis via AB 1633

Bill imposes a clock on CEQA review for certain infill housing projects, weakens project opponents' ability to obtain attorney fee awards…more

California, Community Development, Housing Developers, Housing Market, New Legislation

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White House FY2025 Budget Request: Key Tax Takeaways

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

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

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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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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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White House FY2025 Budget Request: Key Tax Takeaways

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

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

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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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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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2024 California March Primary Preview: Update on Open-Seat Elections

With ballots arriving California voters’ mailboxes, this alert provides a snapshot analysis of the open seats in the California Legislature for the 2024 primary. It’s worth noting that in the secretary of state’s pre-primary…more

California, Local Elections, Political Candidates, Political Parties, Primary Elections

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Education and Workforce Development Provisions in President Biden's FY 2024 Budget Request

On Thursday, March 9, President Biden released his Fiscal Year (FY) 2024 Budget (“Budget”) request to Congress. The release of the president’s Budget request kicks off the congressional budget process and the proposal will serve…more

Biden Administration, Federal Budget, Infrastructure, Legislative Agendas, Proposed Legislation

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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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Fiduciary Rule 4.0 Released

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

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

See all updates »

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

See all updates »

New Jersey Becomes 14th State to Pass Data Privacy Law

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

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

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CEQA News You Can Use, December 2023

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, Climate Change, Environmental Impact Report (EIR), Environmental Liability

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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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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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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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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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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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White House FY2025 Budget Request: Key Tax Takeaways

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

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

See all updates »

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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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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Interim Guidance on IRA Domestic-Content Bonus Credit

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

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

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Looking Ahead: State Policy Trends for 2023

In 2023, all 50 state legislatures will convene, including biennial legislatures. Nationwide, state legislatures will spend months grappling with policies that will impact their state and constituents. And although each state…more

Biden Administration, China Securities Regulatory Commission (CSRC), Healthcare, Infrastructure, Legislative Agendas

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

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

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

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Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

See all updates »

White House FY2025 Budget Request: Key Tax Takeaways

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

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

See all updates »

Data Privacy Strikes Back: American Privacy Rights Act

On April 7, Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) released the text of the American Privacy Rights Act (APRA), a bipartisan and…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Data Security

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Personal Tax and Estate Planning Considerations for the End of 2016

The end of the year is always a good time for our clients to look at their personal tax and estate planning situation and consider whether to take any action before Dec. 31. This year, with the Trump administration about to…more

Estate Planning, Tax Reform, Trump Administration, Year-End Tax Planning

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POWR Act Shifts Antidiscrimination Paradigm in Colorado Workplaces

On Aug. 7, the Protecting Opportunities and Workers’ Rights (POWR) Act (the “Act”) went into effect, which significantly overhauls and expands the Colorado Anti-Discrimination Act (“CADA”). The POWR Act is considered to be the…more

Anti-Harassment Policies, Colorado, Employees, Employer Liability Issues, Employment Discrimination

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Aggressive FTC Enforcement Creates Challenges for Health Care Dealmaking

On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Department of Justice (DOJ)

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SEC Amends Accredited Investor Definition

On Aug. 26, 2020, the Securities and Exchange Commission (SEC) announced amendments to the definitions of “accredited investor” and “qualified institutional buyer” (QIBs) to expand the universe of investors who are eligible to…more

Accredited Investors, Amended Regulation, Capital Formation, Financial Industry Regulatory Authority (FINRA), Investment Opportunities

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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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Nevada Corporation and LLC Law Amendments Include Innovations for Public Companies

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

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

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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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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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SBA Begins Issuing Loan Necessity Questionnaires to Certain PPP Borrowers

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

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

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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 »

Department of Defense National Defense Industrial Strategy Overview

On Jan. 11, the Department of Defense (DOD) released its first-ever National Defense Industrial Strategy (NDIS). The NDIS outlines a multifaceted approach to strengthen U.S. defense capabilities, innovation and global defense…more

Defense Contracts, Defense Sector, Defense Strategies, Department of Defense (DOD), Federal Contractors

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

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

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

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

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

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

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New Jersey Becomes 14th State to Pass Data Privacy Law

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

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

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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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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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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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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 »

Employee Benefits-Related Limits For 2024

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

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

See all updates »

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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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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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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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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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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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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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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What’s Sup? Supplemental Defense Bill Passes the House

On Saturday, April 20, the House voted on a series of five separate bills, three of which would provide emergency funding to Israel, Ukraine and the Indo-Pacific, a fourth so-called “sidecar” spending bill that would cover a…more

Appropriations Bill, Defense Sector, Department of Defense (DOD), Federal Budget, Federal Funding

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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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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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FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

An In-Depth Look at the SEC’s Risk Management, Strategy and Governance Disclosures

On Aug. 2, we distributed an alert about the U.S. Securities and Exchange Commission’s (SEC) July 26, 2023, adoption of the Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Rule. Our focus in that…more

Consumer Financial Products, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Popular

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

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

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

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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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Data Privacy Strikes Back: American Privacy Rights Act

On April 7, Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) released the text of the American Privacy Rights Act (APRA), a bipartisan and…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Data Security

See all updates »

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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Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

See all updates »

Fiduciary Rule 4.0 Released

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

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

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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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2023 Colorado State and Select Local Mayoral Election Results

In this off-year election, voters across Colorado decided two statewide ballot measures and determined local races for mayors, city councils, school boards and local ballot measures. Below is a rundown of the results of the two…more

Colorado, Election Results, Governor Polis, Mayors, Political Candidates

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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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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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Biden Reveals Health Care Priorities in FY 2025 Budget

On Monday, March 11, President Joe Biden unveiled his fiscal year (FY) 2025 budget request, the fourth of his presidency. The $7.3 trillion proposal calls for approximately $1.9 trillion in discretionary spending, $4.4 trillion…more

Affordable Care Act, Biden Administration, Federal Budget, Federal Funding, Health Care Providers

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White House FY2025 Budget Request: Key Tax Takeaways

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

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

See all updates »

Looking Ahead: State Policy Trends for 2023

In 2023, all 50 state legislatures will convene, including biennial legislatures. Nationwide, state legislatures will spend months grappling with policies that will impact their state and constituents. And although each state…more

Biden Administration, China Securities Regulatory Commission (CSRC), Healthcare, Infrastructure, Legislative Agendas

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Antitrust and Algorithms: Congress Wades into the Debate

Last week, the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on algorithms and their impact on competition and consumer rights. Businesses that use algorithms or machine…more

Algorithms, Antitrust Division, Antitrust Provisions, Artificial Intelligence, Competition

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

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

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

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U.S. Policies on China to Watch in 2024

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

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

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Briefs Pour in as the CFPB’s Fate Hangs By a Thread

On July 14, 2023, the U.S. Supreme Court announced it would hear oral arguments in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA) on October 3, 2023. The court will…more

CFPB v Community Financial Services Association of America, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Federal Funding, Financial Services Industry

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SCOTUS Denies Stay Extension on Seminole Tribe's Sports Betting Plan in Florida

On Oct. 25, 2023, the U.S. Supreme Court denied a request to extend the stay ordered in West Flagler Associates, Ltd. v. Haaland. It is unclear if any justice supported the request to extend the stay. This means that West…more

Bureau of Indian Affairs, Constitutional Challenges, FL Supreme Court, Florida, Indian Gaming

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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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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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Transit-Oriented Communities Bill Targets Housing Access through State Intervention

House Bill 24-1313 was introduced by Colorado House Reps. Steven Woodrow (D-Denver) and Iman Jodeh (D-Arapahoe) along with state Sens. Chris Hansen (D-Denver) and Faith Winter (D-Adams). HB24-1313 represents a “top-down”…more

Affordable Housing, Community Development, Housing Developers, Housing Market, Legislative Agendas

See all updates »

Employee Benefits-Related Limits For 2024

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

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

See all updates »

SEC Approves Scaled-Back but Highly Impactful Climate Disclosure Final Rule

On March 6, the Securities and Exchange Commission (“SEC”) voted along party lines to adopt its long-awaited climate-related disclosure framework for registrants. This “Final Rule” largely reflects the proposed rule put forward…more

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

See all updates »

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Understanding the New Corporate Transparency Act

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

New Jersey Becomes 14th State to Pass Data Privacy Law

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

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

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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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CEQA News You Can Use, December 2023

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, Climate Change, Environmental Impact Report (EIR), Environmental Liability

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Fiduciary Rule 4.0 Released

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

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

See all updates »

Venezuela Energy Sanctions Reimposed Barring Democratic Reforms

On April 17, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) released General License (GL) 44A, requiring the wind down of business transactions with Venezuela’s state-owned energy company Petróleos de…more

Biden Administration, Energy Sector, General Licenses, Office of Foreign Assets Control (OFAC), Sanctions

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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)

See all updates »

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

See all updates »

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

See all updates »

FCC Asserts Jurisdiction Over Property Owners to Enforce Ban on Digital Discrimination

As part of the massive 2021 Infrastructure Investment and Jobs Act (IIJA), Congress directed the Federal Communications Commission (FCC) to issue rules facilitating consumers’ “equal access” to broadband internet access service…more

Broadband, Broadband Internet Access Services (BIAS), Discrimination, FCC, Internet Service Providers (ISPs)

See all updates »

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

See all updates »

Back Again: EPA Issues its Third Iteration of CO2 Reduction Rules for the Power Sector

On April 24, 2024, the U.S. Environmental Protection Agency (“EPA”) issued a final rule mandating aggressive carbon dioxide (CO2) emissions reductions from existing coal-fired power plants and new natural gas-fired turbines…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Gov. Newsom Extends California Moratoriums on Residential Tenant Evictions

Gov. Gavin Newsom extended eviction moratorium authority on May 29, 2020. The new order allows local governments to extend prohibitions on landlords from evicting tenants for nonpayment of rent and prohibits enforcement of…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Newsom, Landlords

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White House FY2025 Budget Request: Key Tax Takeaways

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

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

See all updates »

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

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

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

See all updates »

Post-Midterms Analysis, Nov. 18, 2022

As votes continue to be counted, it is clear the election was unexpectedly tighter—and better for Democrats—than most observers expected. While a handful of House races remain undecided, our current view is while Republicans…more

Election Results, Federal Elections, Political Campaigns, Political Candidates, Political Parties

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Hunstein Decision Informs Financial Services Industry Use of Third Party Vendors

More than a year ago on April 21, 2021, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services Inc. that rocked the world of the debt collection industry, and the larger…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Debt Buyers

See all updates »

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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Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

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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

See all updates »

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)

See all updates »

BLM Finalizes Regulations to Reduce Flaring, Natural Gas Waste on Federal and Indian Leases

On April 10, 2024, the Bureau of Land Management (BLM) issued a long-awaited final rule updating its venting and flaring requirements on federal and Indian leases, imposing new requirements to establish plans for gas takeaway…more

Bureau of Land Management, Drilling Waste Disposal, Energy Sector, Final Rules, Government Land

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AI in the Workplace: A Roadmap for Employers

Artificial intelligence (AI) is an exciting new frontier that is becoming more readily accessible to the public. As governments grapple with the right approach to regulating AI, legal risks are already present, including…more

Artificial Intelligence, Employer Liability Issues, Employer Rights, Employment Discrimination, Employment Policies

See all updates »

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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Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including alcohol…more

Artificial Intelligence, Assault Weapons Ban, Colorado, Legislative Agendas, Medical Malpractice

See all updates »

Here we AGOA Again: U.S. Looks to Renew African Trade Pact

The African Growth and Opportunity Act (AGOA), first enacted in May 2000, provides tariff-free treatment of U.S. imports of goods sourced from certain sub-Saharan African countries. AGOA is intended to bolster economic growth…more

Africa, AGOA, Biden Administration, Foreign Trade Regulations, International Trade

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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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White House FY2025 Budget Request: Key Tax Takeaways

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

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

See all updates »

FCC Declares AI-Generated Calls Subject to TCPA

On Feb. 8, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling confirming the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voice” include…more

Artificial Intelligence, Auto-Dialed Calls, Consent, FCC, Robocalling

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Fiduciary Rule 4.0 Released

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

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

See all updates »

PFAS, They Did It Again: EPA Designates Two PFAS as Hazardous Substances Under CERCLA

It has been a busy month for federal developments concerning per- and polyfluoroalkyl substances (“PFAS”). On April 19, the U.S. Environmental Protection Agency (“EPA”) made headlines again, announcing the prepublication version…more

CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

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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Microplastics Bring Macro Concerns to the Food Space

While the term “microplastics” has been making waves in certain circles, especially in the context of seafood and water, broader public unease about their presence in our foods is ramping up at a concerning pace. A recently…more

Food and Drug Act, Food Contamination, Food Safety, Food Supply, Hazardous Substances

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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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Energy & Housing, Environmental Justice & SGMA Developments – No Shortage of Content at Yosemite Conference

Last month, environmental and natural resources law practitioners, including members of the Brownstein team, gathered outside Yosemite National Park for the annual Yosemite Environmental Law Conference. The conference featured…more

California, Clean Energy, Energy Sector, Environmental Justice, Environmental Policies

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White House Releases Wide-Ranging Executive Order on Artificial Intelligence

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

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

See all updates »

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

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

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

See all updates »

Education Priorities in State of the Union Address

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

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

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Wire Act Ruling a Win for iGaming and Lotteries, Status Quo for Sports Betting—for Now

On Jan. 20, 2021, the U.S. Court of Appeals for the First Circuit issued a potentially historic ruling in New Hampshire Lottery Commission et al. v. Barr et al., by rejecting an appeal brought by the U.S. Department of Justice…more

Department of Justice (DOJ), Gambling, Lottery, Online Gaming, Sports Betting

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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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Nevada Corporation and LLC Law Amendments Include Innovations for Public Companies

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

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

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Wyoming Passes Bill to Bolster Carbon Management Opportunities

With interest and activity in carbon capture, sequestration and storage and low carbon energy production ramping up, especially in Wyoming, the energy industry is celebrating the signing of HB0032. The bill, titled “Geologic…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Energy Sector, Environmental Policies

See all updates »

Employee Benefits-Related Limits For 2024

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

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

See all updates »

Back Again: EPA Issues its Third Iteration of CO2 Reduction Rules for the Power Sector

On April 24, 2024, the U.S. Environmental Protection Agency (“EPA”) issued a final rule mandating aggressive carbon dioxide (CO2) emissions reductions from existing coal-fired power plants and new natural gas-fired turbines…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Understanding the New Corporate Transparency Act

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

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

See all updates »

Property Owners File Lawsuit Challenging Colorado’s Building Energy Mandate

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

Apartments, Colorado, Condominium Associations, Condominiums, Energy Policy

See all updates »

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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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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Employee Benefits-Related Limits For 2024

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

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

See all updates »

Property Owners File Lawsuit Challenging Colorado’s Building Energy Mandate

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

Apartments, Colorado, Condominium Associations, Condominiums, Energy Policy

See all updates »

Colorado Expands PFAS Labeling and Phase Out Rules

With Gov. Jared Polis’ signature on SB 81, Colorado has broadened its restrictions on products containing intentionally added per- and polyfluoroalkyl substances (“PFAS”) to include a wide range of consumer products. Colorado…more

Colorado, Consumer Product Companies, Contamination, Hazardous Substances, PFAS

See all updates »

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

See all updates »

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)

See all updates »

Employee Benefits-Related Limits For 2024

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

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

See all updates »

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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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

See all updates »

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)

See all updates »

Biden Reveals Health Care Priorities in FY 2025 Budget

On Monday, March 11, President Joe Biden unveiled his fiscal year (FY) 2025 budget request, the fourth of his presidency. The $7.3 trillion proposal calls for approximately $1.9 trillion in discretionary spending, $4.4 trillion…more

Affordable Care Act, Biden Administration, Federal Budget, Federal Funding, Health Care Providers

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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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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

See all updates »

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

See all updates »

Fiduciary Rule 4.0 Released

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

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

See all updates »

White House FY2025 Budget Request: Key Tax Takeaways

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

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

See all updates »

White House Releases Wide-Ranging Executive Order on Artificial Intelligence

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

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

See all updates »

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

See all updates »

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

See all updates »

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete restrictions,…more

Anti-Competitive, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

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

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

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

See all updates »

Update on Tribal Broadband Funding Opportunities

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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