
Background
Blends legal acumen with political expertise to navigate complex state AG and legislative landscapes. Connector of people, power and solutions. Trusted in high-stakes negotiations where access and credibility matter most.
Sarah Mercer helps clients overcome entrenched legal and policy challenges by guiding them through the intersecting worlds of law, business and politics. With a unique blend of litigation experience and government relations expertise, she develops creative strategies that align legal outcomes with political opportunity—whether working across the country with state attorneys general or shaping policy at the Colorado state capitol.
Sarah advises clients on proactive engagement with state AGs, helping build relationships, anticipate enforcement trends, and respond to civil investigative demands and subpoenas with clarity and confidence. At the same time, she is a leading force in Colorado state lobbying, where she builds coalitions, drafts legislation and leads lobbying strategy on issues ranging from artificial intelligence and housing to financial services and health care.
Known for her deep network across state and local government and her ability to unify diverse stakeholders, Sarah brings focus and pragmatism to every engagement. She gets results in situations where others stall thanks to a grounded understanding of how legal strategy and political capital work together.
Sarah’s determination and passion extends beyond her client work. Appointed by the Chief Justice of the Colorado Supreme Court, Sarah chairs the Colorado Independent Ethics Commission. In addition, she proudly provides pro bono lobbying representation for Colorado Legal Services to ensure funding for free, high-quality civil legal services for the neediest Coloradans. Sarah formerly served on the Edgewater City Council and the Colorado Peace Officer Standards and Training Board.
Deals
Default Deals Content
Representative Matters
- Collaborated on behalf of client with multiple state attorneys general to develop and bring multi-state litigation against high profile federal program, which resulted in favorable preliminary injunctions in two different federal jurisdictions.
- Ongoing representation of various financial services companies in investigations and litigation by state attorneys general under consumer protection laws and the Uniform Consumer Credit Code.
- Defeated high-profile Colorado state legislation two years in a row that would have prohibited the use of algorithms and artificial intelligence to recommend rent pricing to the housing industry.
- Led breakthrough negotiations with stakeholders for legislative changes to the Colorado Recreational Use Statute to address liability concerns and reopen access to iconic hiking trails such as Mount Lindsay, one of Colorado’s 14ers.
- Advised dozens of clients on federal Paycheck Protection Program compliance and enforcement risk at a time when the program’s rules for eligibility, use of funds, and documentation were in constant flux.
Insights & Publications
Insights & Publications
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States Can Continue Regulating AI—For Now
Brownstein Client Alert, July 7, 2025 - What To Expect During Colorado’s 2025 Legislative Interim
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Congress Sets Its “AI” on the States: House Advances Moratorium on State AI Laws
Brownstein Client Alert, June 3, 2025 -
Coming Soon in Colorado: Recommended Legislation for Transparency in Corporate Housing Ownership
Brownstein Client Alert, June 3, 2025 -
Colorado Real Estate Legislative Wrap-Up
Brownstein Podcast Series, May 14, 2025 -
Separation of Powers: Colorado’s 2025 Session Reveals Tension Between Polis, Legislature
Brownstein Client Alert, May 12, 2025 -
Consumer Financial Services Committee, Business Law Section
Panelist, American Bar Association, Jan. 23-26, 2025
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New for-cause eviction law: Insights, implications
Co-Author, CREJ, June 19, 2024
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Shifting Dynamics: Changes to Landlord Eviction Rights in Colorado Under HB1098
Co-Author, Brownstein Client Alert, April 29, 2024
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Colorado: Gambling Law
Co-Author, The Legal 500, December, 2023
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Transit-Oriented Communities Bill Targets Housing Access through State Intervention
Brownstein Client Alert, March 1, 2024
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United States – Colorado: Gambling Law
Co-Author, The Legal 500, January 2025
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The First 100 Days: Artificial Intelligence
Brownstein Podcast Series, March 11, 2025
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DEI Volley: Democratic State AGs Push Back on Federal Actions
Brownstein Client Alert, Feb. 25, 2025 -
Trump and the States: What to Expect
Brownstein Client Alert, Jan. 24, 2025 -
Predictions & Prognostications: How the Election Might Impact Regulatory Issues in the Debt Collection Industry and Larger Consumer Financial Services Space
Speaker, Consumer Financial Services Committee, Winter Meeting, American Bar Association, Jan. 25, 2025
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CFPB Urges States to Enact Consumer Protections
Brownstein Client Alert, Jan. 21, 2025 -
What to Expect from the 2025 Colorado State Legislative Session
Brownstein Client Alert, Jan. 7, 2025
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2024 Election Results
Brownstein Client Alert, Nov. 6, 2024 (Updated Nov. 8, 2024)
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Colorado’s 2024 Legislative Session Preview: What to Watch
Brownstein Client Alert, Feb. 26, 2024
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CFPB and FHFA on List of Agencies to See Course Change Under Trump
Brownstein Client Alert, Nov. 8, 2024
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Election 2022: State Results
Brownstein Client Alert, Nov. 9, 2022 (Updated Nov. 10, 2022)
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Election 2024: Forecast for Colorado’s State Legislative Races
Brownstein Client Alert, Oct. 24, 2024
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Election 2024: What to Know About Colorado Ballot Measures
Brownstein Client Alert, Oct. 22, 2024 -
Ballotpalooza: A Summary of the Ballot Measures on Colorado’s 2024 Ballot
Brownstein Client Alert, Oct. 17, 2024 -
Colorado Special Session on Property Tax: We Have a Deal!
Brownstein Client Alert, Aug. 30, 2024 -
DOJ Alleges Illegal Rental Price-Fixing in Antitrust Case
Brownstein Client Alert, Aug. 27, 2024
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‘Big Tech’ and Antitrust: Today’s Robber Barons or Victims of Enforcement Overreach?
Brownstein Client Alert, Aug. 14, 2024 -
Denver State of the City
Brownstein Client Alert, July 25, 2024
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2024 State Attorney General Election Preview
Brownstein Client Alert, July 8, 2024 -
Colorado 2024 Primary Legislative Election Results Roundup
Brownstein Client Alert, June 26, 2024 -
Colorado’s 2024 Legislative Session: Collaboration and Compromise Are Back
Author, Law Week Colorado, May 31, 2024
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Colorado Passes Six Land Use Bills Designed to Spur Development and Affordable Housing
Brownstein Client Alert, May 30, 2024 -
Colorado Legislative Wrap-Up: Real Estate
Brownstein Podcast Series, May 28, 2024
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Denver’s FY 2025 Budget: Decoding City Council Priorities
Brownstein Client Alert, May 22, 2024 -
The Art of Compromise: Colorado’s 2024 Legislative Session Ends with Major Wins
Brownstein Client Alert, May 13, 2024 -
Colorado Enacts Local Right of First Refusal Housing Policy
Brownstein Client Alert, May 10, 2024 -
Colorado Expands PFAS Labeling and Phase-Out Rules
Brownstein Client Alert, May 3, 2024 -
CFPB Flexes Nonbank Supervisory Authority—State AG Targets Should Take Note
Brownstein Client Alert, May 3, 2024 -
Final Days of the 2024 Colorado Legislative Session—What’s Left?
Brownstein Client Alert, April 18, 2024 -
2024 Will Be a Big Year for State AG Elections—Is Your Company Prepared?
Brownstein Client Alert, Jan. 4, 2024
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HB 24-1172: Unlocking Tax Increment Finance for Counties via County Revitalization Authorities
Brownstein Client Alert, March 21, 2024
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State AGs and ESG: Political Whiplash for Policymakers and Investment Managers
Brownstein Client Alert, March 5, 2023 -
About a quarter of the way into the session, legislators focus on housing and property taxes
Author, Law Week Colorado, Feb. 5, 2024
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Property Owners File Lawsuit Challenging Colorado’s Building Energy Mandate
Brownstein Client Alert, Jan. 10, 2024
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Antitrust and Algorithms: Congress Wades into the Debate
Brownstein Client Alert, Dec. 20, 2023
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Delays and Protests Complicate Colorado Property Tax Special Session
Brownstein Client Alert, Nov. 22, 2023
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2023 Colorado State and Select Local Mayoral Election Results
Brownstein Client Alert, Nov. 9, 2023 -
Tax Measures Once Again Loom Large— What to Expect on the November 2023 Ballot
Brownstein Client Alert, Oct. 5, 2023
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Colorado Legislative Committee Tackles Ozone Air Quality Policy Questions
Brownstein Client Alert, Sept. 21, 2023
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Republican AGs Set Sights on Corporate DEI After Affirmative Action Decision
Brownstein Client Alert, July 17, 2023 -
Colorado Privacy Act Takes Effect July 1
Brownstein Client Alert, June 30, 2023 -
Ban on Local Anti-Growth Restrictions Passed by Colorado State Legislature
Brownstein Client Alert, May 17, 2023
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Too Many Bills, Too Little Time: Colorado’s 2023 Legislative Session Comes to a Frenzied and Acrimonious End
Brownstein Client Alert, May 12, 2023
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Major Property Tax Relief Passed by the Colorado Legislature, Now It’s Up to the Voters
Brownstein Client Alert, May 9, 2023 -
SB 213: Big Changes to Local Oversight of New Housing Projects
Brownstein Podcast Series, April 12, 2023
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Right of First Refusal Bill Could Chill Multifamily Development in Colorado
Brownstein Client Alert, April 11, 2023 -
HB 23-1115: Proposal to Eliminate Rent Control Prohibition Gains Traction
Brownstein Client Alert, Jan. 27, 2023 -
Looking Ahead: State Policy Trends for 2023
Brownstein Client Alert, Dec. 13, 2022 -
The Legislative Forecast by State Counsels
Speaker, Inside the Dome Event, Washington Area State Relations Group, November 16, 2022 -
2022 State Attorneys General Election Results and Analysis
Brownstein Client Alert, Nov. 10, 2022
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Election 2022: Competitive State House and Senate Races in Colorado
Brownstein Client Alert, Nov. 2, 2022
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To Regulate or To Innovate?
Brownstein Client Alert, Oct. 6, 2022
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Government and Civics Issues
Co-Speaker, Adams County Regional Economic Partnership, LEAD Metro North Event, February 18, 2022
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Colorado’s 2022 Ballot Certified—So What’s on It?
Brownstein Client Alert, Sept. 22, 2022
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Signatures for Colorado’s 2022 Ballot Initiatives Have Been Submitted—Now What?
Brownstein Client Alert, August 11, 2022
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Colorado 2022 Primary Election Report
Brownstein Client Alert, June 30, 2022 -
Election 2022: What You Need to Know About Colorado Ballot Measures
Brownstein Podcast Series, June 23, 2022 -
Implementing Infrastructure at the State and Local Level
Brownstein Podcast Series, April 26, 2022 -
State Lawmakers Introduce Colorado False Claims Act
Brownstein Client Alert, Jan. 24, 2022
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2022 Legislative Preview – Spending Federal Funds to Rule Agenda and November Elections Will Loom
Author, Law Week Colorado, January 17, 2022 -
2021 Privacy Law: The Colorado Privacy Act
Brownstein Podcast Series, June 30, 2021 -
Key Takeaways from the 2021 Legislative Session
Co-author, Law Week Colorado, June 11, 2021
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Local Affordable Housing Requirements Are Coming—What Should You Know?
Brownstein Client Alert, May 24, 2021 -
Struggling Restaurants May Be Eligible for ‘Revitalization’ Grants
Brownstein Client Alert, March 18, 2021 -
Colorado Joins the Consumer Data Privacy Fray
Brownstein Client Alert, March 29, 2021 -
House Passes PPP Extension Act of 2021
Brownstein Client Alert, March 18, 2021
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House to Vote on PPP Extension
Brownstein Client Alert, March 11, 2021 -
Colorado Bill Empowers Local Governments to Require Affordable Housing
Brownstein Client Alert, February 18, 2021 -
Fiscal Impact of Pandemic on State Budgets
Brownstein Podcast Series, December 16, 2020 -
SBA Paycheck Protection Program: Compliance rules for forgiveness and necessity questionnaires to borrowers that received $2 million or more
Co-speaker, Federal Bar Association with MyLawCLE, December 10, 2020 -
Colorado’s COVID-19 Special Session Ends (Mostly) in Compromise
Brownstein Client Alert, December 3, 2020 -
Election 2020: State and Local Results
Brownstein Client Alert, November 6, 2020
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SBA Begins Issuing Loan Necessity Questionnaires to Certain PPP Borrowers
Brownstein Client Alert, November 3, 2020 -
Down Ticket Races to Watch in 2020
Brownstein Podcast Series, October 30, 2020 -
What’s Next Colorado: Restaurant Reopening and Expansion Into Open Areas
Brownstein Podcast Series, June 10, 2020
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What’s on the 2020 Colorado Ballot?
Brownstein Podcast Series, October 12, 2020 -
Replacing a Presidential Candidate on State Ballots
Brownstein Client Alert, October 7, 2020 -
Consumer Protection Issues with Colorado AG Phil Weiser
Brownstein Podcast Series, August 17, 2020
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Signature Deadline Passes for Colorado 2020 Ballot Initiatives
Brownstein Podcast Series, August 7, 2020 -
Updates to the PPP Following New SBA Guidance
Brownstein Client Alert, June 15, 2020
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PPP Deadline Fast Approaching as SBA and Treasury Announce Enhanced Transparency
Brownstein Client Alert, June 23, 2020 -
Fate of Colorado Legislative Session Unclear in Midst of COVID-19
Brownstein Client Alert, March 13, 2020 -
Questions Abound as Colorado General Assembly Extends Suspension of Legislative Session
Brownstein Client Alert, March 26, 2020
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Colorado Supreme Court Gives OK to Legislative Work Pause, Session is Officially on Hold
Brownstein Client Alert, April 3, 2020 -
Can State and Local Government Seize Your Private Property During a Global Pandemic?
Brownstein Client Alert, March 26, 2020 -
Analysis of Senate-Passed CARES Act
Brownstein Client Alert, March 26, 2020 -
The PPP Safe Harbor: What Happens After May 14?
Brownstein Client Alert, May 7, 2020
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Treasury Releases Small Business Assistance Information
Brownstein Client Alert, March 31, 2020 -
SBA Issues Interim Rules on Eligibility for Paycheck Protection Loans
Brownstein Client Alert, April 3, 2020 -
Ballot Boxing Match
Speaker, Colorado Bankers Association, June 29, 2020 -
Turning Loans into Lemonade: A Tough Squeeze
Brownstein Client Alert, May 18, 2020
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Questions remain about Paycheck Protection Program
Co-author, Vegas Inc., May 11, 2020 -
What’s Next Colorado: What Reopening Looks Like
Brownstein Podcast Series, May 11, 2020 -
Statewide Proposed Ballot Initiative Would Limit Growth
Author, Colorado Real Estate Journal, April 1, 2020 -
Colorado Women’s Chamber of Commerce Conversations: Amber McReynolds
Brownstein Podcast Series, February 12, 2020 -
Proposed Initiative Would Limit Residential Growth on Front Range
Brownstein Client Alert, February 11, 2020
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Colorado 2020 Ballot Initiatives Update
Brownstein Podcast Series, February 4, 2020 -
Colorado Gears Up to Launch Sports Betting on May 1
Brownstein Client Alert, December 18, 2019 -
Wage and Hour Updates Mean Big Changes for Colorado Employers
Brownstein Podcast Series, December 10, 2019
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Results in for Colorado’s 2019 Off-Year Election
Brownstein Client Alert, November 8, 2019 -
What’s Next Now That Colorado Voters Have Authorized Sports Betting
Brownstein Client Alert, November 7, 2019 -
Colorado Women’s Chamber of Commerce Conversations: Episode One
Brownstein Podcast Series, November 6, 2019
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Colorado’s Odd-Year Election
Brownstein Podcast Series, October 31, 2019 -
Much at Stake for Coloradans in Next Week’s Odd-Year Election
Brownstein Client Alert, October 31, 2019 -
Navigating the Era of Increased Attorney General Enforcement
Brownstein Podcast Series, October 24, 2019 -
Colorado Will Be Asked in November Whether to Legalize and Tax Sports Betting
Brownstein Client Alert, October 17, 2019 -
Navigating the Era of Increased State Attorney General Enforcement
Denver, CO, October 17, 2019
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Colorado Bill Significantly Broadens Scope of the Consumer Protection Act
Brownstein Client Alert, April 10, 2019 -
Colorado Supreme Court Gives OK to Ballot Measure to Repeal TABOR
Brownstein Client Alert, June 20, 2019 -
Colorado Supreme Court Rules TABOR Repeal Can Proceed
Brownstein Podcast Series, June 18, 2019 -
Denver Runoff Election Results Are In
Brownstein Client Alert, June 6, 2019 -
State Attorneys General Update
Brownstein Podcast Series, May 28, 2019 -
Repealing TABOR: Colorado Ballot Initiative #3
Brownstein Podcast Series, May 17, 2019 -
Emerging Issues in Health Care Policy
Brownstein Podcast Series, May 16, 2019 -
Denver First-Round Election Results Are In
Brownstein Client Alert, May 8, 2019 -
The Promise (and Peril) of Digital Signage
Co-author, Colorado Real Estate Journal, April 2019 -
Colorado Springs and Fort Collins Municipal Election Results Are In
Brownstein Client Alert, April 8, 2019 -
Repeal on Statewide Ban on Rent Control Introduced in Colorado Senate
Brownstein Client Alert, April 8, 2019 -
State Laws Work to Address Marijuana Consumption Establishments
Author, Las Vegas Business Press, January 29, 2018 -
Colorado Bills that Could Affect Development in 2019
Brownstein Client Alert, January 23, 2019
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Colorado Legislature Will Consider Wide Range of Employment Bills
Brownstein Client Alert, January 18, 2019
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Ballot Measure to Repeal Tabor Hits Snag at Title Board Hearing
Brownstein Client Alert, January 17, 2019 -
On-, Off-Premise Sign Distinction Questions Remain
Co-author, Colorado Real Estate Journal, January 2019
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Sign Code Uncertainty After Supreme Court Ruling
Co-author, Colorado Real Estate Journal, October 2018 -
Landmark Colorado Supreme Court Decision Provides Clarity for Metropolitan Districts
Brownstein Client Alert, December 13, 2017 -
Colorado Supreme Court Hears Oral Arguments in Case That Could Pose Threat to Metropolitan Districts
Brownstein Client Alert, September 27, 2017
News
News
- Brownstein Names Sarah Mercer Co-Chair of State Attorneys General Practice Group
- Sarah Mercer and Kevin Walsh Discussed Construction Defect Reforms in Colorado
- Thirty-six Brownstein Attorneys Recognized as Denver’s Top Lawyers 2025 by 5280 Magazine
- Sarah Mercer Discussed Colorado Passing the First Artificial Intelligence Regulation Bill
- Twenty-eight Brownstein Attorneys Recognized as Denver’s Top Lawyers 2024 by 5280 Magazine
- Twenty-four Brownstein Attorneys Recognized as Denver’s Top Lawyers 2023 by 5280 Magazine
- Brownstein Attorneys Selected to 2021 Colorado Super Lawyers List
- Brownstein Attorneys Selected to 2020 Colorado Super Lawyers List
- Brownstein Attorneys Selected to 2022 Colorado Super Lawyers List
- Twenty-four Brownstein Attorneys Recognized as Denver’s Top Lawyers 2022 by 5280 Magazine
- Sarah Mercer Recognized as one of the Top 25 Most Powerful Women in Business by Colorado Women’s Chamber of Commerce
- Sarah Mercer Recognized In Law Week Colorado’s 2021 Top Women Lawyers
- Sarah Mercer commented on the reopening of the SVOG portal
- Sarah Mercer commented on the Shuttered Venue Operator Grant program
- Brownstein’s Allison Gambill and Sarah Mercer Recognized with ColoradoBiz Magazine’s 11th Annual GenXYZ Award
- Sarah Mercer commented on the Biden administration’s changes to PPP
- Sarah Mercer commented on new bills in Colorado regarding labor and employment
- Twenty-two Brownstein Attorneys Recognized as Denver’s Top Lawyers 2021 by 5280 Magazine
- Sarah Mercer commented on sport betting in Colorado
- Sarah Mercer commented on PPP forgiveness
- Brownstein’s Sarah Mercer Honored with Denver Business Journal 40 Under 40 Recognition
- 22 Brownstein Attorneys Recognized as Denver’s Top Lawyers 2020 by 5280 Magazine
- Brownstein Attorneys Selected to 2019 Colorado Super Lawyers List
- Twenty-five Brownstein Attorneys Recognized as Denver’s Top Lawyers 2019 by 5280 Magazine
- Brownstein Announces 2019 Promotions
Credentials
Education
- J.D., 2007, University of Colorado Law School
- B.A., 2004, Harvard University
Previous Experience
Counsel for the Honorable Michael Bender, Colorado Supreme Court
Litigation Associate, Welborn Sullivan Meck Tooley, P.C.
Judicial Clerk for the Honorable Michael Bender, Colorado Supreme Court
Admissions
- Colorado
Memberships
Colorado Bar Association
Denver Bar Association
Colorado Women’s Bar Association
Doyle Inn of Court
Community Involvement
COMMUNITY INVOLVEMENT:
Denver Metro Chamber of Commerce Board of Directors, 2021-present
Colorado Competitive Council, 2017-present
Denver Bar Association Board of Trustees, 2014-2018
Edgewater Collective Board of Directors, 2013-2016
Colorado Bar Association Board of Governors, 2012-14
Edgewater City Council, 2009-2011
Colorado Peace Officer Standards and Training Board, 2010
Edgewater City Charter Review and Compliance Commission, 2008-09
Recognition
AWARDS:
Law Week Colorado, Top Women Lawyers, 2021
Finalist, GenXYZ Top 25 Young Professionals, ColoradoBiz, 2021
Denver Business Journal, 40 Under 40, 2020
5280 Top Lawyers, 2019-2025
Colorado Super Lawyers, Rising Stars, 2015-2022
Up-and-Coming Lawyer, Law Week Colorado, 2010
Editor-in-Chief, Vol. 78, University of Colorado Law Review, University of Colorado Law School, 2006-07

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