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.
  • Florida
  • 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

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Sheetz and Takings Law Revisited

El Dorado County Traffic Development Fee Survives Scrutiny on Remand - Following the U.S. Supreme Court’s decision in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024), which held that the Takings Clause applies to… more

Appellate Courts, Dolan v City of Tigard, Exactions, Impact Fees, Land-Use Permits

See all updates »

Third Time’s The Charm for Gambling Regulators in Kalshi Litigation

Kalshi’s two-win streak ended with a preliminary loss in its lawsuit against Maryland gaming regulators—a shift from prior federal district court rulings and a win for states on the federal preemption issue at the center of… more

Appellate Courts, CFTC, Commodity Exchange Act (CEA), Jurisdiction, Popular

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)

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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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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 »

July Defense Trade Newsletter Highlights

18 countries apply for EU billions as Europe seeks to provide for its own security without the U.S. The European Commission announced that 18 countries have already applied to receive a portion of the 150 billion Euro fund, the… more

Defense Sector, Department of Defense (DOD), EU, European Commission, Foreign Policy

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Summertime Sadness: Still Lots of Work Left to be Done on Appropriations

Throughout July, the Senate Committee on Appropriations ramped up their advancement of fiscal year (FY) 2026 appropriations bills, advancing eight of their 12 appropriations bills out of the full committee. In the lower chamber,… more

Appropriations Bill, Congressional Committees, Continuing Resolution, Federal Funding, Government Agencies

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Courts No Longer Have to Follow FCC Rulings

In a landmark decision released on June 20, the U.S. Supreme Court ruled 6-3 that the Hobbs Act does not require federal district courts to treat Federal Communications Commission (FCC) orders as binding precedent in private… more

Appellate Courts, Class Action, FCC, Hobbs Act, Judicial Review

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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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Supreme Court: Copying APIs in Software Can Be Fair Use

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

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

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CFPB Proposes Changes for Supervision of CRAs, Debt Collection, Money Markets and Auto Finance Markets

As part of ongoing efforts from the Trump administration to streamline regulatory efforts, the Consumer Financial Protection Bureau (CFPB) is proposing changes to Larger Market Participant thresholds, many of which currently… more

Automotive Industry, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Non-Bank Lenders

See all updates »

Congressional End-of-Year Outlook: Health Care and Beyond

In the aftermath of the One Big Beautiful Bill Act (OBBB), Congress must now refocus its attention on several outstanding priorities that need to be addressed before the end of the year. In March, Congress passed a Continuing… more

Farm Bill, Federal Budget, Federal Funding, Healthcare, Legislative Agendas

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

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

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

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

See all updates »

CFPB Proposes Changes for Supervision of CRAs, Debt Collection, Money Markets and Auto Finance Markets

As part of ongoing efforts from the Trump administration to streamline regulatory efforts, the Consumer Financial Protection Bureau (CFPB) is proposing changes to Larger Market Participant thresholds, many of which currently… more

Automotive Industry, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Non-Bank Lenders

See all updates »

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

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

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

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White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader… more

401k, Department of Labor (DOL), Digital Assets, Employee Retirement Income Security Act (ERISA), Executive Orders

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The Credit Box Conundrum: When Math and Politics Clash

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

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

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

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

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

See all updates »

The One, Big, Beautiful Bill Act – Summary and Analysis

On July 3, the House adopted the Senate substitute to H.R. 1, the One, Big, Beautiful Bill Act (OBBBA) by a vote of 218-214. The bill was signed into law on July 4, 2025 and is now Public Law 119-21… more

Appropriations Bill, Biden Administration, Congressional Committees, Federal Budget, Legislative Agendas

See all updates »

New York’s FAIR Business Practices Act—Another State Consumer Protection Domino?

Months after the CFPB—under departing chair Rohit Chopra—released a playbook encouraging states to toughen their consumer protection laws and enforcement, New York has responded, passing the Fostering Affordability and Integrity… more

Class Action, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Enforcement Actions, Federal Trade Commission (FTC)

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Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

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AB 130 Withdraws Coastal Commission Appeal Jurisdiction for Certain Housing Projects

This is the eighth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

Appeals, Building Permits, California, Construction Project, Housing Developers

See all updates »

Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week of… more

Affordable Housing, Economic Development, Nevada, New Legislation, Real Estate Development

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)

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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)

See all updates »

What’s Influencing DOJ’s New Trade Fraud Focus, and How to Navigate Enforcement Shifts

The U.S. Department of Justice (DOJ) recently announced a new development in its effort to crack down on crimes involving trade fraud, including tariff evasion… more

China, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Imports

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

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EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This… more

Administrative Procedure Act, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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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 »

The One, Big, Beautiful Bill Act – Summary and Analysis

On July 3, the House adopted the Senate substitute to H.R. 1, the One, Big, Beautiful Bill Act (OBBBA) by a vote of 218-214. The bill was signed into law on July 4, 2025 and is now Public Law 119-21… more

Appropriations Bill, Biden Administration, Congressional Committees, Federal Budget, Legislative Agendas

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

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

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

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

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 »

President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

See all updates »

Sheetz and Takings Law Revisited

El Dorado County Traffic Development Fee Survives Scrutiny on Remand - Following the U.S. Supreme Court’s decision in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024), which held that the Takings Clause applies to… more

Appellate Courts, Dolan v City of Tigard, Exactions, Impact Fees, Land-Use Permits

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 »

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

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

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

See all updates »

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

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

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

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 »

How SB 131 Tries To Put the ‘Land’ Back in ‘Land Use’

This is the ninth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

California, CEQA, Government Agencies, Infill Development, Land Developers

See all updates »

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

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

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

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What’s Influencing DOJ’s New Trade Fraud Focus, and How to Navigate Enforcement Shifts

The U.S. Department of Justice (DOJ) recently announced a new development in its effort to crack down on crimes involving trade fraud, including tariff evasion… more

China, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Imports

See all updates »

President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie… more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Consumer Protection Laws, Data Brokers, Data Privacy

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The Season for Commercial Tax Assessments Has Arrived

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

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

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Maryland’s Mixed Bond Rating

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

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

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Major Changes to CEQA and California Housing Law Approved by Gov. Newsom

On June 30, 2025, Gov. Gavin Newsom signed two budget trailer bills—AB 130 and SB 131—that together work major changes both to the California Environmental Quality Act (CEQA) and California housing law. Because these bills were… more

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

See all updates »

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

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

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

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President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

See all updates »

What To Expect During Colorado’s 2025 Legislative Interim

Colorado’s 2025 regular state lawmaking period ended just over a month ago on May 7 and now policymakers’ attention is turning towards their traditional interim work before the 2026 session begins on Jan. 14. Yet, between Gov… more

Artificial Intelligence, Colorado, Governor Polis, Medicaid

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States Can Continue Regulating AI—For Now

Congress has passed the budget reconciliation package known as the “One Big Beautiful Bill” (H.R.1) without the controversial moratorium on state and local artificial intelligence (AI) laws originally included in the House… more

Artificial Intelligence, California, Colorado, Connecticut, New Legislation

See all updates »

Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and… more

Affirmative Action, Anti-Discrimination Policies, Best Practices, Civil Rights Act, Department of Justice (DOJ)

See all updates »

Major Changes to CEQA and California Housing Law Approved by Gov. Newsom

On June 30, 2025, Gov. Gavin Newsom signed two budget trailer bills—AB 130 and SB 131—that together work major changes both to the California Environmental Quality Act (CEQA) and California housing law. Because these bills were… more

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

See all updates »

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

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

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

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What Businesses Need to Know About Colorado’s New Pre-Complaint Preservation Standard

In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins… more

Business Litigation, Colorado, Data Preservation, Duty to Preserve, e-Discovery

See all updates »

President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

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

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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 »

CFPB Proposes Changes for Supervision of CRAs, Debt Collection, Money Markets and Auto Finance Markets

As part of ongoing efforts from the Trump administration to streamline regulatory efforts, the Consumer Financial Protection Bureau (CFPB) is proposing changes to Larger Market Participant thresholds, many of which currently… more

Automotive Industry, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Non-Bank Lenders

See all updates »

Colorado Has New Leasing Protections for Tenants—What Residential Landlords Need to Know

The recently adopted House Bill 25-1090 (or “HB 1090”) addresses “deceptive, unfair and unconscionable” pricing practices in consumer transactions, including with respect to residential leases in Colorado. This alert broadly… more

Colorado, Consumer Protection Laws, Disclosure Requirements, Fees, Landlords

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NFTs: Usage Rights and Legal Fights

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

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

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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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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 »

President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

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

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The First Amendment and Direct-to-Consumer (DTC) Prescription Drug Ads

Department of Health and Human Services Secretary Robert F. Kennedy, Jr. has made no secret of his disdain for television advertisements for prescription drugs. As a presidential candidate, he promised to ban those ads by… more

Advertising, Constitutional Challenges, Drug Pricing, First Amendment, Food and Drug Administration (FDA)

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Third Time’s The Charm for Gambling Regulators in Kalshi Litigation

Kalshi’s two-win streak ended with a preliminary loss in its lawsuit against Maryland gaming regulators—a shift from prior federal district court rulings and a win for states on the federal preemption issue at the center of… more

Appellate Courts, CFTC, Commodity Exchange Act (CEA), Jurisdiction, Popular

See all updates »

Colorado Enacts Local Right of First Refusal Housing Policy

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

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

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Wyoming Adopts Statutory Limits for Noncompetes

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

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

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

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

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

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

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

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

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Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and… more

Affirmative Action, Anti-Discrimination Policies, Best Practices, Civil Rights Act, Department of Justice (DOJ)

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

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

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

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

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

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

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

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Limón Wins the Vote—But Not the Gavel Just Yet

On June 9, 2025, California State Senate Democrats voted in caucus to elect Sen. Monique Limón (D-Goleta) as the next president pro tempore. She is set to succeed current Senate President Pro Tem Mike McGuire in early 2026,… more

California, Clean Energy, Consumer Protection Laws, Environmental Policies, Governor Newsom

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

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

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

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Nevada Gaming Control Board Concludes Daily Fantasy Sports Is Gambling

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

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

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Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

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

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

See all updates »

2024 Post-Election Outlook and Analysis

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

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

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NEPA Reimagined: The Ongoing Overhaul of Federal Environmental Review

Over the past eight months, the legal framework governing environmental review under the National Environmental Policy Act (NEPA) has undergone significant upheaval—with additional changes still on the way. Here’s what’s… more

Department of the Interior, Environmental Impact Statements, Environmental Policies, Executive Orders, Final Rules

See all updates »

Congressional End-of-Year Outlook: Health Care and Beyond

In the aftermath of the One Big Beautiful Bill Act (OBBB), Congress must now refocus its attention on several outstanding priorities that need to be addressed before the end of the year. In March, Congress passed a Continuing… more

Farm Bill, Federal Budget, Federal Funding, Healthcare, Legislative Agendas

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Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement Proceedings

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

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

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

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

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

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CFPB Publishes Final Nonbank Registry Rule

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

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

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Summertime Sadness: Still Lots of Work Left to be Done on Appropriations

Throughout July, the Senate Committee on Appropriations ramped up their advancement of fiscal year (FY) 2026 appropriations bills, advancing eight of their 12 appropriations bills out of the full committee. In the lower chamber,… more

Appropriations Bill, Congressional Committees, Continuing Resolution, Federal Funding, Government Agencies

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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)

See all updates »

Ensuring Transparency and Compliance in Eco-Friendly Marketing

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

Compliance, Environmental Claims, False Advertising, Greenwashing, Marketing

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USPTO to End AFCP 2.0 Program

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

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

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Impacts from the One Big Beautiful Bill Act: A Guide for City Leaders

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. Its primary objective is to extend key provisions of the 2017 Tax Cuts and Jobs Act (TCJA), including individual and corporate tax cuts. Beyond tax… more

Clean Energy, Medicaid, Municipal Bonds, New Legislation, One Big Beautiful Bill Act

See all updates »

Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

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Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

See all updates »

CEQA News You Can Use, August 2025 - Volume 10, Issue 2

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

Affordable Housing, California, CEQA, Environmental Impact Report (EIR), Environmental Litigation

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

See all updates »

New Executive Order on FCPA: Impact on Corporate Compliance

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

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

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

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

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

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

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

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

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Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and… more

Affirmative Action, Anti-Discrimination Policies, Best Practices, Civil Rights Act, Department of Justice (DOJ)

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

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

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

See all updates »

Understanding the Rural Health Transformation Program

On July 4, President Donald Trump signed into law H.R. 1, commonly known as the “One Big Beautiful Bill,” or OBBB. The bill is a sweeping package that includes an estimated $1 trillion in cuts to Medicaid. These cuts include… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Facilities, Healthcare Reform, Hospitals

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

See all updates »

D.C. Weighs In on Novel “Statute of Anne” Suit

Back in February, a limited liability company filed a lawsuit against the five companies licensed to operate online sports betting in the District of Columbia (“District” or “D.C.”). The case invokes an old section of the D.C… more

Business Entities, Gambling, Government Agencies, Legal History, Motion to Dismiss

See all updates »

President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie… more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Consumer Protection Laws, Data Brokers, Data Privacy

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

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The FTC Announces Increased HSR Thresholds for 2025

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

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

See all updates »

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

See all updates »

AB 130 Places New Limitations on Building Code Updates for Residential Buildings

This is the seventh update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

Building Codes, California, Construction Industry, Housing Market, Multi-Family Housing

See all updates »

Taxation & Representation, July 2025 #3

Speaker Johnson Kicks Off Discussions for Reconciliation 2.0: House Republicans are laying the groundwork for a second reconciliation bill this fall that aims in part to revive key provisions excluded from the One, Big,… more

Corporate Taxes, Digital Assets, Employee Benefits, Federal Taxes, IRS

See all updates »

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 »

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

See all updates »

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

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

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

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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

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 »

California Regulators Contemplate Potential State-Level Action on Antitrust

At an upcoming June 26 meeting, The California Law Revision Commission (CLRC) will discuss proposed draft language to introduce state-level merger control provisions into California antitrust law via amendments to the Cartwright… more

Acquisitions, Antitrust Litigation, Antitrust Provisions, California, Healthcare

See all updates »

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

See all updates »

President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie… more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Consumer Protection Laws, Data Brokers, Data Privacy

See all updates »

Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week of… more

Affordable Housing, Economic Development, Nevada, New Legislation, Real Estate Development

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

See all updates »

President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

See all updates »

White House Seeks To Streamline Funding For Domestic Energy, Critical Mineral Projects

On June 30, President Donald Trump signed a Presidential Memorandum (“the Memorandum”) titled “Simplifying the Funding of Energy Infrastructure and Critical Mineral and Material Projects.” The Memorandum aims to streamline the… more

Energy Policy, Energy Projects, Executive Orders, Federal Funding, Government Agencies

See all updates »

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

See all updates »

Employee Benefits-Related Limits for 2025

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

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

See all updates »

New Executive Orders Aim to Secure U.S. Airspace and Boost Domestic Drone Industry

On Friday, June 6, President Trump signed two executive orders (EOs) aimed at strengthening the U.S. drone industry and enhancing protections against malicious and unauthorized drone use. The orders address key challenges facing… more

Airspace, Drones, Executive Orders, Government Agencies, National Security

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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

See all updates »

Taxation & Representation, July 2025 #3

Speaker Johnson Kicks Off Discussions for Reconciliation 2.0: House Republicans are laying the groundwork for a second reconciliation bill this fall that aims in part to revive key provisions excluded from the One, Big,… more

Corporate Taxes, Digital Assets, Employee Benefits, Federal Taxes, IRS

See all updates »

States Can Continue Regulating AI—For Now

Congress has passed the budget reconciliation package known as the “One Big Beautiful Bill” (H.R.1) without the controversial moratorium on state and local artificial intelligence (AI) laws originally included in the House… more

Artificial Intelligence, California, Colorado, Connecticut, New Legislation

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Brownstein Secures More Regulatory Wins Through Litigation and Advocacy Efforts

In two cases challenging regulatory actions by the Biden-era Consumer Financial Protection Bureau (CFPB), Brownstein secured major wins for the collections industry. First, in litigation filed in Texas, Brownstein represented… more

Administrative Procedure Act, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Debt Collection, FDCPA

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

See all updates »

CEQA Reform: Admin Record Cleanup and Expanded Litigation Streamlining Eligibility

Note: This is the sixth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

California, CEQA Reform, Environmental Litigation, Greenhouse Gas Emissions, Housing Developers

See all updates »

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

See all updates »

The One, Big, Beautiful Bill Act – Summary and Analysis

On July 3, the House adopted the Senate substitute to H.R. 1, the One, Big, Beautiful Bill Act (OBBBA) by a vote of 218-214. The bill was signed into law on July 4, 2025 and is now Public Law 119-21… more

Appropriations Bill, Biden Administration, Congressional Committees, Federal Budget, Legislative Agendas

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Maryland’s Mixed Bond Rating

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

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

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Federal Court Vacates CFPB’s Medical Debt Rule, Finds FCRA Preempts State Laws

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau’s (CFPB) rule prohibiting the inclusion of medical debt on consumer credit reports. The court also… more

Administrative Procedure Act, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Debt Collection

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 »

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

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

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

See all updates »

Limón Wins the Vote—But Not the Gavel Just Yet

On June 9, 2025, California State Senate Democrats voted in caucus to elect Sen. Monique Limón (D-Goleta) as the next president pro tempore. She is set to succeed current Senate President Pro Tem Mike McGuire in early 2026,… more

California, Clean Energy, Consumer Protection Laws, Environmental Policies, Governor Newsom

See all updates »

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

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

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

See all updates »

Taxation & Representation, July 2025 #3

Speaker Johnson Kicks Off Discussions for Reconciliation 2.0: House Republicans are laying the groundwork for a second reconciliation bill this fall that aims in part to revive key provisions excluded from the One, Big,… more

Corporate Taxes, Digital Assets, Employee Benefits, Federal Taxes, IRS

See all updates »

Impacts from the One Big Beautiful Bill Act: A Guide for City Leaders

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. Its primary objective is to extend key provisions of the 2017 Tax Cuts and Jobs Act (TCJA), including individual and corporate tax cuts. Beyond tax… more

Clean Energy, Medicaid, Municipal Bonds, New Legislation, One Big Beautiful Bill Act

See all updates »

AI on the Prize: Trump Unveils His Vision for American AI Leadership

On Wednesday, July 23, President Trump released his long-anticipated artificial intelligence (AI) policy agenda, “Winning the AI Race: America’s AI Action Plan” (“Action Plan”). The Action Plan follows a January executive order… more

Artificial Intelligence, China, Data Centers, Executive Orders, Export Controls

See all updates »

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

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

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

See all updates »

Colorado Enacts Local Right of First Refusal Housing Policy

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

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

See all updates »

Nevada Enacts Corporate Legislation and Advances Dedicated Business Court

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

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

See all updates »

Patent Eligibility Uncertainty Persists after Latest Supreme Court Denial

With the Supreme Court sidestepping Audio Evolution Diagnostics, stakeholders should prepare for litigation risk and engage on PERA reform efforts… more

Alice/Mayo, Denial of Certiorari, Innovation, Patent Litigation, Patent-Eligible Subject Matter

See all updates »

Colorado Changes Noncompete Statute Again

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

Acquisitions, Colorado, Health Care Providers, Healthcare, Mergers

See all updates »

Limón Wins the Vote—But Not the Gavel Just Yet

On June 9, 2025, California State Senate Democrats voted in caucus to elect Sen. Monique Limón (D-Goleta) as the next president pro tempore. She is set to succeed current Senate President Pro Tem Mike McGuire in early 2026,… more

California, Clean Energy, Consumer Protection Laws, Environmental Policies, Governor Newsom

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 »

Nevada Enacts Corporate Legislation and Advances Dedicated Business Court

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

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

See all updates »

Impacts from the One Big Beautiful Bill Act: A Guide for City Leaders

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. Its primary objective is to extend key provisions of the 2017 Tax Cuts and Jobs Act (TCJA), including individual and corporate tax cuts. Beyond tax… more

Clean Energy, Medicaid, Municipal Bonds, New Legislation, One Big Beautiful Bill Act

See all updates »

White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader… more

401k, Department of Labor (DOL), Digital Assets, Employee Retirement Income Security Act (ERISA), Executive Orders

See all updates »

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

See all updates »

California Warns Foreign Bribery Can Still Lead to State Liability

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

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

See all updates »

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 »

July Defense Trade Newsletter Highlights

18 countries apply for EU billions as Europe seeks to provide for its own security without the U.S. The European Commission announced that 18 countries have already applied to receive a portion of the 150 billion Euro fund, the… more

Defense Sector, Department of Defense (DOD), EU, European Commission, Foreign Policy

See all updates »

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

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

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

See all updates »

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 »

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

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

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

See all updates »

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

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

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

See all updates »

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 »

California’s New Requirements for Buyer-Broker Representation Agreements

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

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

See all updates »

July Defense Trade Newsletter Highlights

18 countries apply for EU billions as Europe seeks to provide for its own security without the U.S. The European Commission announced that 18 countries have already applied to receive a portion of the 150 billion Euro fund, the… more

Defense Sector, Department of Defense (DOD), EU, European Commission, Foreign Policy

See all updates »

Patent Eligibility Uncertainty Persists after Latest Supreme Court Denial

With the Supreme Court sidestepping Audio Evolution Diagnostics, stakeholders should prepare for litigation risk and engage on PERA reform efforts… more

Alice/Mayo, Denial of Certiorari, Innovation, Patent Litigation, Patent-Eligible Subject Matter

See all updates »

Colorado Has New Leasing Protections for Tenants—What Residential Landlords Need to Know

The recently adopted House Bill 25-1090 (or “HB 1090”) addresses “deceptive, unfair and unconscionable” pricing practices in consumer transactions, including with respect to residential leases in Colorado. This alert broadly… more

Colorado, Consumer Protection Laws, Disclosure Requirements, Fees, Landlords

See all updates »

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

See all updates »

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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CEQA News You Can Use, August 2025 - Volume 10, Issue 2

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

Affordable Housing, California, CEQA, Environmental Impact Report (EIR), Environmental Litigation

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Employee Benefits-Related Limits for 2025

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

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

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The Trump Administration and Temporary Protected Status

On July 8, 2025, the Trump administration ended Temporary Protected Status (TPS) for Honduras and Nicaragua. The notice was the latest in a series of actions aimed at reducing the number of countries designated for TPS status as… more

Corporate Counsel, Department of Homeland Security (DHS), Deportation, Executive Orders, Foreign Nationals

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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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Sheetz and Takings Law Revisited

El Dorado County Traffic Development Fee Survives Scrutiny on Remand - Following the U.S. Supreme Court’s decision in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024), which held that the Takings Clause applies to… more

Appellate Courts, Dolan v City of Tigard, Exactions, Impact Fees, Land-Use Permits

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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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AmCham Forum Showcases Business Opportunities in Egypt

From May 25 to 26, the American Chamber of Commerce in Egypt (AmCham Egypt), in collaboration with the U.S. Chamber of Commerce, the U.S.-Egypt Business Council and the Egypt-U.S. Business Council, hosted the U.S.-Egypt Policy… more

Economic Growth, Egypt, Foreign Direct Investment, International Trade, Investment Opportunities

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President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

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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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The FTC Announces Increased HSR Thresholds for 2025

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

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

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

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

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

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

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

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

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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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AI on the Prize: Trump Unveils His Vision for American AI Leadership

On Wednesday, July 23, President Trump released his long-anticipated artificial intelligence (AI) policy agenda, “Winning the AI Race: America’s AI Action Plan” (“Action Plan”). The Action Plan follows a January executive order… more

Artificial Intelligence, China, Data Centers, Executive Orders, Export Controls

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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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Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

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AI on the Prize: Trump Unveils His Vision for American AI Leadership

On Wednesday, July 23, President Trump released his long-anticipated artificial intelligence (AI) policy agenda, “Winning the AI Race: America’s AI Action Plan” (“Action Plan”). The Action Plan follows a January executive order… more

Artificial Intelligence, China, Data Centers, Executive Orders, Export Controls

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CFPB Proposes Changes for Supervision of CRAs, Debt Collection, Money Markets and Auto Finance Markets

As part of ongoing efforts from the Trump administration to streamline regulatory efforts, the Consumer Financial Protection Bureau (CFPB) is proposing changes to Larger Market Participant thresholds, many of which currently… more

Automotive Industry, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Non-Bank Lenders

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Colorado Makes Consequential Changes to the Ballot Measure Process

This past legislative session, Colorado legislators passed a bill making changes to the state’s citizen ballot initiative process. House Bill 25-1327 (Modify Statewide Ballot Measure Process), sponsored by Reps. Emily… more

Ballot Measures, Colorado, Election Laws, Filing Requirements, Legislative Agendas

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Colorado Makes Consequential Changes to the Ballot Measure Process

This past legislative session, Colorado legislators passed a bill making changes to the state’s citizen ballot initiative process. House Bill 25-1327 (Modify Statewide Ballot Measure Process), sponsored by Reps. Emily… more

Ballot Measures, Colorado, Election Laws, Filing Requirements, Legislative Agendas

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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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Congressional End-of-Year Outlook: Health Care and Beyond

In the aftermath of the One Big Beautiful Bill Act (OBBB), Congress must now refocus its attention on several outstanding priorities that need to be addressed before the end of the year. In March, Congress passed a Continuing… more

Farm Bill, Federal Budget, Federal Funding, Healthcare, Legislative Agendas

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President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

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Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week of… more

Affordable Housing, Economic Development, Nevada, New Legislation, Real Estate Development

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

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

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

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DOJ’s Civil Division Announces New Enforcement Priorities—What It Means for Business

In a June 11 memorandum to all division employees, the assistant attorney general for the Department of Justice’s (DOJ) Civil Division promulgated a new list of enforcement policies with the stated purpose of advancing the Trump… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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Delete, Delete, Delete: FCC Announces Deregulatory Initiative

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

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

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Trump Administration Announces Department of State Restructuring

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

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

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California Residential Landlords to Be Required to Photograph Units

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

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

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Act Fast: FEMA Announces Tribal Funding Opportunities

Between July 25 and Aug. 1, the Department of Homeland Security’s (DHS) Federal Emergency Management Agency (FEMA) released almost two dozen Notices of Funding Opportunities (NOFOS), totaling approximately $2.2 billion, to help… more

Cybersecurity, Department of Homeland Security (DHS), Federal Funding, Federal Grants, FEMA

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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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Changing Affairs: VA Expects Change During Trump Administration

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

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

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Denver City Council Approves Extension to Exemption Deadlines Under EHA

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

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

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Employee Benefits-Related Limits for 2025

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

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

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Supreme Court Strikes Down Chevron, Reshapes Administrative Law

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

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

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Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and… more

Affirmative Action, Anti-Discrimination Policies, Best Practices, Civil Rights Act, Department of Justice (DOJ)

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The FTC Announces Increased HSR Thresholds for 2025

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

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

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Understanding the New Corporate Transparency Act

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

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

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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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The One, Big, Beautiful Bill Act – Summary and Analysis

On July 3, the House adopted the Senate substitute to H.R. 1, the One, Big, Beautiful Bill Act (OBBBA) by a vote of 218-214. The bill was signed into law on July 4, 2025 and is now Public Law 119-21… more

Appropriations Bill, Biden Administration, Congressional Committees, Federal Budget, Legislative Agendas

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Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and… more

Affirmative Action, Anti-Discrimination Policies, Best Practices, Civil Rights Act, Department of Justice (DOJ)

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Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week of… more

Affordable Housing, Economic Development, Nevada, New Legislation, Real Estate Development

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

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

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

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

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

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

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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 - November 2024 - Volume 9, Issue 3

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

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

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President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie… more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Consumer Protection Laws, Data Brokers, Data Privacy

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July Defense Trade Newsletter Highlights

18 countries apply for EU billions as Europe seeks to provide for its own security without the U.S. The European Commission announced that 18 countries have already applied to receive a portion of the 150 billion Euro fund, the… more

Defense Sector, Department of Defense (DOD), EU, European Commission, Foreign Policy

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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)

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Managing the Impacts of Material Price Fluctuations on Construction Projects

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

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

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Federal Court Vacates CFPB’s Medical Debt Rule, Finds FCRA Preempts State Laws

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau’s (CFPB) rule prohibiting the inclusion of medical debt on consumer credit reports. The court also… more

Administrative Procedure Act, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Debt Collection

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State AGs Arm Up for Privacy Enforcement with Technical Hiring Surge—Is AI Next?

State attorneys general (AGs) are significantly ramping up their technical hiring to enforce a growing patchwork of state privacy laws—potentially creating an enforcement template for other tech enforcement areas like artificial… more

Artificial Intelligence, Compliance, Consumer Protection Laws, Data Privacy, Enforcement

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Supreme Court Upholds Constitutionality of the Universal Service Fund

With their decision in the consolidated cases of Federal Communications Commission v. Consumers’ Research and SHLB Coalition v. Consumers’ Research, the U.S. Supreme Court has upheld the constitutionality of the Universal… more

Administrative Law Judge (ALJ), Constitutional Challenges, FCC, Federal Funding, Government Agencies

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Made in California: Proposals to Accelerate Manufacturing in the State Move Forward

In response to the risk of California’s film industry jobs moving to other states like Georgia and New Mexico, where tax incentives are stronger and costs are lower, Gov. Gavin Newsom and the California State Legislature… more

California, Corporate Taxes, Economic Development, Manufacturers, New Legislation

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

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

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

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

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

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

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California Residential Landlords to Be Required to Photograph Units

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

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

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FHFA Asks for Input on FHLBanks

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

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

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Final OBBBA HELP Summary

Subtitle A – Exemption of Certain Assets - Section 80001. Exemption of certain of assets. - Excludes family farms on which families reside, small businesses with 100 or fewer full-time employees owned and controlled by the… more

Federal Grants, One Big Beautiful Bill Act, Student Loans

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Taxation & Representation, July 2025 #3

Speaker Johnson Kicks Off Discussions for Reconciliation 2.0: House Republicans are laying the groundwork for a second reconciliation bill this fall that aims in part to revive key provisions excluded from the One, Big,… more

Corporate Taxes, Digital Assets, Employee Benefits, Federal Taxes, IRS

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Wyoming Adopts Statutory Limits for Noncompetes

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

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

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

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

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

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2024 Election Results

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

California, Colorado, Florida, Nevada, Political Campaigns

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

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

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

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Impacts from the One Big Beautiful Bill Act: A Guide for City Leaders

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. Its primary objective is to extend key provisions of the 2017 Tax Cuts and Jobs Act (TCJA), including individual and corporate tax cuts. Beyond tax… more

Clean Energy, Medicaid, Municipal Bonds, New Legislation, One Big Beautiful Bill Act

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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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Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

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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

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President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie… more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Consumer Protection Laws, Data Brokers, Data Privacy

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EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This… more

Administrative Procedure Act, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

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FTC Finalizes Rule to Combat Deceptive Online Reviews

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

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

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

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

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

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AmCham Forum Showcases Business Opportunities in Egypt

From May 25 to 26, the American Chamber of Commerce in Egypt (AmCham Egypt), in collaboration with the U.S. Chamber of Commerce, the U.S.-Egypt Business Council and the Egypt-U.S. Business Council, hosted the U.S.-Egypt Policy… more

Economic Growth, Egypt, Foreign Direct Investment, International Trade, Investment Opportunities

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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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Taxation & Representation, June 2025 #2

The Senate Republicans continue to meet internally and with stakeholders regarding the provisions of a reconciliation package (H.R. 1). Senate Majority Leader John Thune (R-SD) made it clear that the Senate will make… more

Budget Reconciliation, Clean Energy, Energy Policy, Energy Tax Incentives, IRS

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AI on the Prize: Trump Unveils His Vision for American AI Leadership

On Wednesday, July 23, President Trump released his long-anticipated artificial intelligence (AI) policy agenda, “Winning the AI Race: America’s AI Action Plan” (“Action Plan”). The Action Plan follows a January executive order… more

Artificial Intelligence, China, Data Centers, Executive Orders, Export Controls

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White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader… more

401k, Department of Labor (DOL), Digital Assets, Employee Retirement Income Security Act (ERISA), Executive Orders

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NEPA Reimagined: The Ongoing Overhaul of Federal Environmental Review

Over the past eight months, the legal framework governing environmental review under the National Environmental Policy Act (NEPA) has undergone significant upheaval—with additional changes still on the way. Here’s what’s… more

Department of the Interior, Environmental Impact Statements, Environmental Policies, Executive Orders, Final Rules

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Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and… more

Affirmative Action, Anti-Discrimination Policies, Best Practices, Civil Rights Act, Department of Justice (DOJ)

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

See all updates »

California Warns Foreign Bribery Can Still Lead to State Liability

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

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

See all updates »

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

See all updates »

California Budget Bills Plug Holes to Stop Certain Projects from Sinking

This is the 10th update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

Affordable Housing, California, CEQA, New Legislation, Real Estate Development

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 »

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

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

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

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Final OBBBA HELP Summary

Subtitle A – Exemption of Certain Assets - Section 80001. Exemption of certain of assets. - Excludes family farms on which families reside, small businesses with 100 or fewer full-time employees owned and controlled by the… more

Federal Grants, One Big Beautiful Bill Act, Student Loans

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

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

Appeals, CFTC, Commodities, Constitutional Challenges, Enforcement Actions

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 »

Nevada Enacts Corporate Legislation and Advances Dedicated Business Court

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

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

See all updates »

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

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

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

See all updates »

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

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

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

See all updates »

Employee Benefits-Related Limits for 2025

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

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

See all updates »

President Trump Increases Tariffs on India

In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India will soon face a minimum 50% tariff, positioning it as one of the most… more

Economic Sanctions, Executive Orders, Imports, India, International Emergency Economic Powers Act (IEEPA)

See all updates »

A Change of Tune for Natural Resources Law

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

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

See all updates »

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This… more

Administrative Procedure Act, Clean Air Act, Climate Change, Endangerment Finding, 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 »

Impacts from the One Big Beautiful Bill Act: A Guide for City Leaders

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. Its primary objective is to extend key provisions of the 2017 Tax Cuts and Jobs Act (TCJA), including individual and corporate tax cuts. Beyond tax… more

Clean Energy, Medicaid, Municipal Bonds, New Legislation, One Big Beautiful Bill Act

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

See all updates »

White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader… more

401k, Department of Labor (DOL), Digital Assets, Employee Retirement Income Security Act (ERISA), Executive Orders

See all updates »

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

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

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

See all updates »

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 »

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

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

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

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 2025

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

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

See all updates »

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 »

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 »

Limón Wins the Vote—But Not the Gavel Just Yet

On June 9, 2025, California State Senate Democrats voted in caucus to elect Sen. Monique Limón (D-Goleta) as the next president pro tempore. She is set to succeed current Senate President Pro Tem Mike McGuire in early 2026,… more

California, Clean Energy, Consumer Protection Laws, Environmental Policies, Governor Newsom

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 »

Congressional End-of-Year Outlook: Health Care and Beyond

In the aftermath of the One Big Beautiful Bill Act (OBBB), Congress must now refocus its attention on several outstanding priorities that need to be addressed before the end of the year. In March, Congress passed a Continuing… more

Farm Bill, Federal Budget, Federal Funding, Healthcare, Legislative Agendas

See all updates »

How SB 131 Tries To Put the ‘Land’ Back in ‘Land Use’

This is the ninth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

California, CEQA, Government Agencies, Infill Development, Land Developers

See all updates »

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 »

2024 Election Results

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

California, Colorado, Florida, Nevada, Political Campaigns

See all updates »

Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

See all updates »

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

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

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

See all updates »

Taxation & Representation, July 2025 #3

Speaker Johnson Kicks Off Discussions for Reconciliation 2.0: House Republicans are laying the groundwork for a second reconciliation bill this fall that aims in part to revive key provisions excluded from the One, Big,… more

Corporate Taxes, Digital Assets, Employee Benefits, Federal Taxes, IRS

See all updates »

Taxation & Representation, July 2025 #2

Passthrough Deduction Eyed for Bigger Boost in Future Bill: House Republicans are weighing the possibility of a second major tax package following the recent enactment of their One, Big, Beautiful Bill Act (OBBBA, Public Law… more

Budget Reconciliation, Corporate Taxes, IRS, New Legislation, Proposed Legislation

See all updates »

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

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

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

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State AGs Arm Up for Privacy Enforcement with Technical Hiring Surge—Is AI Next?

State attorneys general (AGs) are significantly ramping up their technical hiring to enforce a growing patchwork of state privacy laws—potentially creating an enforcement template for other tech enforcement areas like artificial… more

Artificial Intelligence, Compliance, Consumer Protection Laws, Data Privacy, Enforcement

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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 »

Congressional End-of-Year Outlook: Health Care and Beyond

In the aftermath of the One Big Beautiful Bill Act (OBBB), Congress must now refocus its attention on several outstanding priorities that need to be addressed before the end of the year. In March, Congress passed a Continuing… more

Farm Bill, Federal Budget, Federal Funding, Healthcare, Legislative Agendas

See all updates »

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

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

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

See all updates »

Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week of… more

Affordable Housing, Economic Development, Nevada, New Legislation, Real Estate Development

See all updates »

Update on Tribal Broadband Funding Opportunities

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

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

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

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

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

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EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This… more

Administrative Procedure Act, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

See all updates »

AB 130 Withdraws Coastal Commission Appeal Jurisdiction for Certain Housing Projects

This is the eighth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law… more

Appeals, Building Permits, California, Construction Project, Housing Developers

See all updates »

Changing Affairs: VA Expects Change During Trump Administration

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

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

See all updates »

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

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

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

See all updates »

Colorado Changes Noncompete Statute Again

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

Acquisitions, Colorado, Health Care Providers, Healthcare, Mergers

See all updates »

FTC Concludes its "Junk Fee" Crackdown

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

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

See all updates »

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

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

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

See all updates »

A Change of Tune for Natural Resources Law

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

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

See all updates »

FTC Concludes its "Junk Fee" Crackdown

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Taxation & Representation, July 2025 #3

Speaker Johnson Kicks Off Discussions for Reconciliation 2.0: House Republicans are laying the groundwork for a second reconciliation bill this fall that aims in part to revive key provisions excluded from the One, Big,… more

Corporate Taxes, Digital Assets, Employee Benefits, Federal Taxes, IRS

See all updates »

Sheetz and Takings Law Revisited

El Dorado County Traffic Development Fee Survives Scrutiny on Remand - Following the U.S. Supreme Court’s decision in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024), which held that the Takings Clause applies to… more

Appellate Courts, Dolan v City of Tigard, Exactions, Impact Fees, Land-Use Permits

See all updates »

What To Expect During Colorado’s 2025 Legislative Interim

Colorado’s 2025 regular state lawmaking period ended just over a month ago on May 7 and now policymakers’ attention is turning towards their traditional interim work before the 2026 session begins on Jan. 14. Yet, between Gov… more

Artificial Intelligence, Colorado, Governor Polis, Medicaid

See all updates »

Federal Court Vacates CFPB’s Medical Debt Rule, Finds FCRA Preempts State Laws

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau’s (CFPB) rule prohibiting the inclusion of medical debt on consumer credit reports. The court also… more

Administrative Procedure Act, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Debt Collection

See all updates »

FEC Releases 2025-2026 Election Cycle Contribution Limits

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

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

See all updates »

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

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

See all updates »

Colorado Has New Leasing Protections for Tenants—What Residential Landlords Need to Know

The recently adopted House Bill 25-1090 (or “HB 1090”) addresses “deceptive, unfair and unconscionable” pricing practices in consumer transactions, including with respect to residential leases in Colorado. This alert broadly… more

Colorado, Consumer Protection Laws, Disclosure Requirements, Fees, Landlords

See all updates »

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This… more

Administrative Procedure Act, Clean Air Act, Climate Change, Endangerment Finding, Environmental Protection Agency (EPA)

See all updates »

White House Seeks To Streamline Funding For Domestic Energy, Critical Mineral Projects

On June 30, President Donald Trump signed a Presidential Memorandum (“the Memorandum”) titled “Simplifying the Funding of Energy Infrastructure and Critical Mineral and Material Projects.” The Memorandum aims to streamline the… more

Energy Policy, Energy Projects, Executive Orders, Federal Funding, Government Agencies

See all updates »

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

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

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

See all updates »

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

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

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

See all updates »

Colorado Governor Convenes Special Legislative Session

This morning, Gov. Jared Polis issued Executive Order D 2025 009, convening the Colorado General Assembly in an extraordinary legislative session to begin on Aug. 21, 2025. The governor has this power under Article IV, Section 9… more

Artificial Intelligence, Executive Orders, Healthcare, Legislative Agendas, New Legislation

See all updates »

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

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

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

See all updates »

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