Employment

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
  • Represented Clarion Capital Partners, LLC in connection with employment and labor matters in its acquisition of and acquisition financing for AML RightSource, LLC, a Gabriel Partners company.

  • Represented Global Employment Solutions, a portfolio company of TZP Group and leading provider of professional staffing services, with respect to employment issues in its acquisition of the Halo Group, an IT staffing company.

  • Successfully obtained a $19.5 million interest arbitration ruling for the Clark County Association of School Administrators and Professional-Technical Employees (CCASA) against the Clark County School District, the fifth largest school district in the nation. After an arbitration hearing, the arbitrator determined that the District had the ability to pay CCASA’s offer and the administrators were historically and comparatively underpaid while work requirements were increasing.

  • Representing nutritional supplement company in employment lawsuit involving former high-level executive.

  • Represented Bow River Capital Partners with respect to employment issues arising in connection with its acquisition of and acquisition financing for Midstate Energy, L.L.C. Midstate Energy is an independent provider of comprehensive development, design and engineering services relating to infrastructure upgrades and energy efficient, asset sustainability solutions.

  • Successfully resolved dispute between publically traded company and former employee involving trade secrets and other contractual disputes.

  • Represented Pico Digital, Inc. in its sale to ATX Networks, a portfolio company of H.I.G. Capital, LLC, with respect to employment issues, including contract negotiation.

  • Represented Clarion Capital Partners, LLC in its acquisition of and acquisition financing for Madison Logic, Inc. from an employment standpoint, including conducting due diligence on employment issues and preparing employment agreements.

  • Defended satellite imagery public company in million dollar breach of contract dispute with former consultant. Resolved on highly favorable terms to client.

  • Represented Gaia in the $145.7 million sale of its branded fitness equipment and apparel business to Sequential Brands and Fit for Life.

  • Brownstein represented Gilbert Hospital, LLC, a general acute-care hospital based in Gilbert, Arizona in connection with its merger with Florence Hospital at Anthem, LLC pursuant to a confirmed Chapter 11 plan of reorganization. Representation included all aspects of a sophisticated merger transaction, including transition of the two hospitals under joint ownership and operation, coordinating employment and equity compensation documents for employees, and identifying and resolving health care regulatory aspects of the foregoing.

  • Representing publically traded company in employment dispute with former executive.

  • Served as employment counsel to KSE Radio Ventures, LLC, a wholly-owned subsidiary of Kroenke Sports & Entertainment, LLC, in its acquisition of Denver broadcast radio stations KIMN-FM 100.3, KXKL-FM 105.1 and KWOF-FM 92.5 from Wilks Broadcast Group, LLC.

  • Represented MGM in the sale of Circus Circus Reno’s assets and MGM’s 50% equity interest in Silver Legacy Resort Casino Reno, as well as the sales of the Gold Strike Hotel & Casino and the Railroad Pass Hotel & Casino.

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

  • Represented 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.

  • Primary outside intellectual property counsel for restaurant and world famous chef regarding intellectual property and employment issues. Recently litigated potential TTAB opposition for one of the registered marks.

  • 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 several employment cases resulting in complete defense verdicts after jury trials.

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

  • 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 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.

  • Serves as employment counsel for various national companies in industries ranging from health care, energy and engineering/construction to manufacturing, retail and telecommunications. Brownstein provides both pro-active counsel and litigation services for these companies.

  • 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

  • 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.

  • 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.

  • 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.

News & Events
Publications
Recognition

Chambers USA, 2017

Colorado: Labor & Employment

What the team is known for: A comprehensive team that combines a strong labor and employment offering with an excellent employee benefits and executive compensation practice. Able to handle a range of high-end matters ranging from class action defense to compliance audits and workforce reorganizations. Clients include companies from the healthcare, real estate and hospitality sectors.

Strengths: Clients call the team "an excellent partner" and say the lawyers are "responsive, creative and knowledgeable." 

Meet The Team

Lisa Hogan Shareholder T 303.223.1185 lhogan@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
Martine Tariot Wells Associate T 303.223.1213 mwells@bhfs.com
Craig M. Finger Associate T 303.223.1135 cfinger@bhfs.com
Hannah M. Caplan Associate T 303.223.1258 hcaplan@bhfs.com
Karen Dinino Senior Counsel T 310.500.4619 kdinino@bhfs.com
Michael A. Freimann Shareholder T 303.223.1195 mfreimann@bhfs.com
Sherli Shamtoub Frank Associate T 310.500.4618 sfrank@bhfs.com
Nicholas R. Santucci Associate T 303.223.1246 nsantucci@bhfs.com