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JJ Asarch

The FTC Bans Non-Compete Agreements – What You Need to Know

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete… more

Competition, Employer Responsibilities, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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David Brewster

Prospective Impacts of President Trump’s Tariffs on the Real Estate Market

On March 4th, President Donald Trump imposed 25% tariffs on goods imported from Mexico and Canada, the United States’ two largest trading partners. Two days later, those tariffs were largely lifted as President Trump signed… more

Construction Industry, Executive Orders, Housing Developers, Housing Market, Imports

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Diana Caruso Jenkins

2024 Land Use and Housing Legislation Taking Shape

The Second Regular Session of the 74th General Assembly adjourned in May 2024 with six major land use bills passed, a significant success for Governor Polis after the SB23-213 Land Use omnibus bill addressing similar policy… more

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

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Cindy Ureno

HB 25-1272: What Colorado Developers Need to Know About the State’s New Construction Defect Law

On May 12, 2025, Governor Jared Polis signed House Bill 25-1272 (“HB 25-1272“) into law. This act, known as the Colorado American Dream Act, seeks to address a key barrier to the construction of entry level condominiums and… more

Colorado, Condominiums, Construction Defects, Construction Litigation, Dispute Resolution

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Michael Davidson

Additional Restrictions on Colorado Non-Compete Agreements Take Effect on August 6, 2025

With the recent passage of Senate Bill 25-083, Colorado continues its trend of restricting the application of non-compete agreements in the state. The new law (i) adds certain prohibitions on when non-compete agreements can be… more

Acquisitions, Buy-Sell Agreements, Colorado, Employment Contract, Health Care Providers

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Danielle De Santis

Denver Announces a Middle Income Housing Pilot Program

Denver’s Department of Housing Stability (“HOST”) and Denver Housing Authority (“DHA”) are partnering to pilot a program aimed at spurring development of middle-income housing. As reported in the Denver Post, Denver Mayor Mike… more

Affordable Housing, Colorado, Construction Industry, Housing Developers, Municipalities

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Rachel DeSimone

CTA Enforcement Remains Paused Following Supreme Court Ruling Granting Stay of Injunction

On January 23, 2025, the Supreme Court of the United States granted the federal government’s motion to stay the nationwide injunction preventing enforcement of the Corporate Transparency Act (the “CTA”) entered by the United… more

Anti-Money Laundering, Appeals, Beneficial Owner, Business Entities, Compliance

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Patrick Fagan

Colorado’s HB25-1004: Banning Algorithmic Rent-Setting Vetoed by Governor Polis

In May 2025, the Colorado legislature approved House Bill 25-1004 (“HB25-1004”), titled “No Pricing Coordination Between Landlords,” a groundbreaking piece of legislation aimed at prohibiting the use of certain algorithmic tools… more

Affordable Housing, Algorithms, Antitrust Litigation, Antitrust Violations, Colorado

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Jessie Fischer

Governor and Municipalities in Dispute over Implementation of Strategic Growth Legislation

On May 16, 2025, Governor Jared Polis signed Executive Order D 2025 005 (“Order 005”) to address implementation of recently-passed strategic growth legislation. As discussed below, Governor Polis has ordered certain state… more

Affordable Housing, Constitutional Challenges, Enforcement Actions, Executive Orders, Government Agencies

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Noah Grolnick

Colorado Cities Sue State Over 2024 Housing Density and Parking Reforms

Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024. The lawsuit specifically concerns two new laws passed by the legislature and one executive order… more

Affordable Housing, Constitutional Challenges, Due Process, Executive Orders, Multi-Family Development

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Nicholas Gunther

Denver Mayor Promises $10,000 Refunds for Delayed Permit Applications

On April 14, 2025, Mayor Mike Johnston signed Executive Order 151 to create a new Denver Permitting Office (“DPO”) which is to begin reviewing development and construction permit applications in mid-May. The Executive Order… more

Building Permits, Construction Industry, Construction Project, Executive Orders, Fees

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Alyssa Knutson

Denver Proposes to Eliminate All Minimum Vehicle Parking Requirements

The City of Denver (“Denver”) released the first draft of its proposed amendment to the Denver Zoning Code (“Zoning Code”) known as Modernizing Parking Requirements Text Amendment (“Text Amendment”), in which it proposes… more

Affordable Housing, Colorado, Community Development, Housing Market, Local Ordinance

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Bill Kyriagis

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law. This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of Civil… more

Affordable Housing, Colorado, Construction Project, Land Developers, Land-Use Permits

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Lindsay Lyda

Denver Proposes to Eliminate All Minimum Vehicle Parking Requirements

The City of Denver (“Denver”) released the first draft of its proposed amendment to the Denver Zoning Code (“Zoning Code”) known as Modernizing Parking Requirements Text Amendment (“Text Amendment”), in which it proposes… more

Affordable Housing, Colorado, Community Development, Housing Market, Local Ordinance

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Andrew Peters

U.S. Supreme Court: Legislative Impact Fees Can Be Unconstitutional Exactions Too

Last week, the United States Supreme Court issued its opinion in Sheetz v. County of El Dorado, California, in which the Court held that for the purpose of a takings claim there is no distinction in whether permit conditions are… more

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

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Laura Salter

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other standalone… more

Commercial Leases, Commercial Real Estate Market, Contract Terms, Financing, Interest Rates

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Amanda Smith Greenberg

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other standalone… more

Commercial Leases, Commercial Real Estate Market, Contract Terms, Financing, Interest Rates

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Jed Sonnenshein

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and Expand Plaintiffs’ Rights

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of potential… more

Affordable Housing, Colorado, Condominiums, Construction Contracts, Construction Defects

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Seth Weiland

Explaining the New Governmental ROFR and ROFO in Colorado Applicable to Select Multifamily Properties

As of August 7, 2024, owners of for-rent affordable housing properties in Colorado consisting of five units or more and owners of for-rent market-rate multifamily properties in Colorado consisting of between 15 and 100 units… more

Affordable Housing, Colorado, Housing Market, Multi-Family Development, Property Owners

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Brett Williams

Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence… more

Acquisition Agreements, Acquisitions, Buyers, Due Diligence, Insurance Industry

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