Many employment law practice groups claim to have significant litigation experience, but few can demonstrate that their litigators actually try cases on a consistent basis. Brownstein’s Employment Group attorneys are effective litigators and business lawyers who have tried countless employment and other types of cases throughout their careers. Our collective experience in the courtroom provides a unique perspective and distinct advantage to companies faced with a wide variety of employment-related claims.

The experience of repeatedly defending claims through trial helps us effectively advise clients on whether particular claims should be resolved or defended. We have developed unique pre-litigation strategies designed to resolve cases at an early stage. At trial, we have successfully defended high-profile cases involving alleged violations of federal and state employment laws, including Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Family and Medical Leave Act and the Fair Labor Standards Act. Our group members also have significant experience pursuing and defending claims for breach of restrictive covenants, misappropriation of trade secrets and other business torts.

Through long-term, collaborative partnerships with our clients, we help develop innovative strategies for resolving workplace issues before they lead to costly litigation. We are adept at drafting employer handbook policies, employment contracts and non-compete and confidentiality agreements. We also provide knowledgeable counsel on how to conduct internal audits and investigations. 

Representative Matters
  • Served as employment counsel to Encore Consumer Capital in its acquisition of Full Sail Brewing Company, a craft brewery located in Hood River, Oregon.

  • Successfully negotiated the shutdown of a longstanding unionized business then arbitrated a reduction of just over 50% to the union pension plan’s multi-million dollar assessment of withdrawal liability.

  • Successfully represented employers in union organizing campaigns where the employers did not believe that unions were not needed in the workplace and negotiated first collective bargaining agreements.

  • Successfully navigated employer through a decertification campaign by workers who ultimately voted to de-certify the union, ending with no charges filed against employer.

  • Successfully developed and implemented strategies for C-level executive separations, including oversight of related investigations, then negotiated and litigated to favorable results issues related to the separation, including severance, equity-related transactions and other complex terms.

  • Served as employment counsel to Kroenke Sports & Entertainment, LLC in its acquisition of, and acquisition financing for, the Sportsman Channel and related properties from InterMedia Partners, LP.

  • Represented an affiliate of Lion Equity Partners, a Denver-based private equity firm, in its acquisition of Homes & Land, an integrated real estate media platform, providing local real estate information throughout the U.S. and parts of Canada.

  • Successfully negotiated multiple collective bargaining agreements for national employers, with unions including Service Employees International Union, Teamster, Carpenter and Laborer locals.  

  • Successfully represented mutual fund against all claims brought by former senior sales executive in FINRA arbitration; following hearing obtained decision for client on all claims.

  • Obtained summary judgment in federal court case involving claims of sexual harassment and retaliation.

  • Successful defense of multiple OSHA citations, including contesting OSHA citations to full dismissal by OSHA that had been lodged against both a major casino and resort in Las Vegas and a national performing artist.

  • Represented Alliant Energy Services, LLC in its disposition of 100% of the stock of its subsidiary, RMT, Inc. to Infrastructure Energy Services, LLC (IEA).

  • Represented client in connection with class action employment claims brought before the OFCCP and the EEOC and in federal district court and obtained dismissal of these claims in all venues.

  • Represented client company and employees in connection with trade secret and unfair competition claims. Successfully compelled arbitration of virtually all claims and obtained stay of entire action. Forced arbitration in more favorable jurisdiction for our clients. Secured settlement with no monetary payout by our clients and favorable covenants in favor of our clients.

  • Successfully represented international software company in enforcing its proprietary information agreement, including non-competes, both through formal court order and informal negotiations.

  • Successfully represented employers in EEOC, CCRD or other agency investigations and, if necessary, in litigation, including trying to a favorable decision a multi-week multi-plaintiff multi-million dollar case alleging discrimination and retaliation.

  • Served as on-going outside counsel to The Wellbridge Company in connection with its ownership and operation of health club facilities located in various states. This representation includes corporate structuring; real estate and club acquisition, development and financing; dispositions and leasing; contracts incidental to operations; and coordination of employment and labor matters and litigation prosecution and defense.

  • Represented a hospital client in wrongful termination case resulting in complete defense verdict after a jury trial.

  • Representation of two international mining companies with regard to New Mexico corporate income tax and severance tax issues.

  • Provided ERISA and employment advice in connection with Vail Resorts, Inc.'s $63 million acquisition of Northstar-at-Tahoe Resort in California.

  • Assisted Graham Packaging Company, L.P. in a $568 million strategic acquisition of another manufacturer and supplier. In the transaction, Graham Packaging Company acquired all of the limited partnership units of the target company from the company's limited partners and all of the stock of each of the company's three corporate general partners from their stockholders. A manufacturer and supplier of technology-based, customized blow molded plastic containers for the branded food and beverage, household, personal care/specialty and automotive lubricants product categories, Graham Packaging Company is a portfolio company of Blackstone Capital Group.

  • Represented Global Employment Solutions, Inc. in the sale of its professional employer organization business division to a financial buyer.

  • Represented Vail Resorts, Inc. (NYSE: MTN) in its acquisition of Mountain News Corporation (MNC), which operates the world's most visited online snow sports portal, OnTheSnow.com. Mountain News Corporation is the top provider of snow reports to more than 1,200 web sites throughout the world, including approximately 400 news media websites.

  • Represented major sports unions in various matters including grievances and arbitration and general litigation.

  • Defended a financial services company and its employee in a case brought by a competitor alleging the company and the employee stole trade secrets when the employee left employment with the competitor

  • Acted as interim general counsel for engineered mineral products company. Brownstein coordinated all company transactional matters, managed litigation and handled human resources matters.

  • Represented a large utility provider in a case involving multi-plaintiff discrimination claims. Brownstein obtained judgment in favor of the client as a matter of law. The Tenth Circuit, on appeal of the District Court's ruling, issued a published opinion regarding the lawfulness of our client's actions and hiring processes in particular.

  • Successfully defended claims for hostile work environment, discrimination, retaliation and state law claims brought against EchoStar Communications Corporation, a publicly-traded company in Colorado. The plaintiff, a former employee, alleged that the highest level executives engaged in unlawful behavior and engaged multiple plaintiffs' firms. After a two week trial, the jury returned a complete defense verdict.

  • Following a three week jury trial, Brownstein attorneys successfully obtained a complete defense verdict on behalf of Colorado College, one of Colorado's preeminent private colleges, and five individual defendants. The case involved issues of academic freedom related to the termination of a tenured professor.

  • The Firm successfully defended the largest casino in Colorado in various employment suits including two that resulted in week-long trials. In the first, a jury returned a complete defense verdict against a former employee who alleged his termination was both discrimination because of his marriage to a co-worker and retaliation for his wife filing a complaint with OSHA. In the second trial, the judge entered a complete defense verdict after the plaintiff presented his case alleging the casino reassigned him to part-time status in violation of the ADA.

  • Represented Critical Homecare Solutions, Inc. in its $8.1 million acquisition involving 100 percent of the capital stock of Infusion Solutions, Inc.. The acquisition was funded by a draw on Critical Homecare Solutions' revolving credit facility with Jefferies Finance, LLC.

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Meet The Team

Lisa Hogan Shareholder T 303.223.1185 lhogan@bhfs.com
Bill C. Berger Shareholder T 303.223.1178 bberger@bhfs.com
Christine A. Samsel Shareholder T 303.223.1133 csamsel@bhfs.com
Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com
Adam P. Segal Shareholder T 702.464.7001 asegal@bhfs.com
Sarah M. Stettner Shareholder T 303.223.1246 sstettner@bhfs.com
Lauren A. Blevins Associate T 303.223.1262 lblevins@bhfs.com
Margo J. Arnold Associate T 310.564.8679 marnold@bhfs.com
Hannah M. Caplan Associate T 303.223.1258 hcaplan@bhfs.com
Karen Dinino Senior Counsel T 310.500.4619 kdinino@bhfs.com
Chad Grell Associate T 303.223.1208 cgrell@bhfs.com
Martine Tariot Wells Associate T 303.223.1213 mwells@bhfs.com
Tiffany A. Updegraff Associate T 303.223.1143 tupdegraff@bhfs.com