Measures to Reduce Risk upon Separation

By: Colin A. Walker

March 9, 2021

It is important for employers to take precautions to ensure that departing C-Level executives do not engage in misconduct which could harm the business.

Colorado Statute Limits Use of Employee’s Personal Social Media Accounts for Business Purposes

By: Colin A. Walker

March 2, 2021

Social media accounts have become ubiquitous in recent years, especially in the business environment. LinkedIn and similar platforms are regularly used for sales, recruiting, networking, and other activities critical to a business’ success.

Traps for the Unwary Executive or Founder When Offering Securities

By: Gil B. Selinger

February 23, 2021

Executives of early and mid-stage growth companies are often tasked by their founders (if they are not one and the same person) to work towards raising capital to help their company grow.

Tax Considerations with Severance Pay: Section 409A

By: Colin A. Walker

February 17, 2021

When an employer and employee consider entering into an agreement that provides the employee with a right to severance pay (a specified amount of pay upon termination of employment), they should consider the tax implications.

New Colorado Requirements for Job Postings Outside of an Employer's Organization

By: Colin A. Walker

February 9, 2021

Colorado’s pay equity law, the Equal Pay for Equal Work Act, was passed by the legislature two years ago and it just went into effect January 1 of this year.

Termination of the Employment Relationship

By: Colin A. Walker

February 3, 2021

Employment in the United States is generally “at-will,” meaning that the employee and employer both have the right to terminate the employment relationship at any time, without prior notice, for any reason or no reason.

Employment Law Changes To Expect Under the Biden Administration

By: Colin A. Walker

January 26, 2021

Most newly-elected presidents have a different take on employment and workplace laws than their predecessors and that is certainly the case with President Biden.

Attorneys’ Fees Provisions

By: Colin A. Walker

January 20, 2021

In the United Sates, generally, each party must pay its own attorneys’ fees. However, that can be changed by contract and prevailing party attorneys’ fees provisions, by which the prevailing party in litigation can recover attorneys’ fees from the other party, are common in executive employment agreements.

Golden Parachute or Golden Handcuffs?

By: Colin A. Walker

January 12, 2021

Golden parachute. Golden handcuffs. These terms are associated with a posh executive position that is a no-lose and highly beneficial situation for a C-Level executive. But is it really?

CDLE Invokes Public Health Emergency Provisions of Healthy Families and Workplaces Act for 2021

By: Colin A. Walker

January 5, 2021

The Colorado Department of Labor and Employment (CDLE) has issued a rule determining that the Public Health Emergency provisions of the Healthy Families and Workplaces Act (HFWA) will be in effect in 2021.

Arbitration Agreements

By: Colin A. Walker

December 15, 2020

Arbitration is a dispute resolution process whereby a third party retained by the parties to a dispute, rather than a judge or jury, resolves the dispute.

Choice of Law and Venue

By: Colin A. Walker

December 8, 2020

Parties to a contract may choose which law governs their agreement and, if the chosen law bears some legitimate relationship to the parties or the contract, the choice is usually enforceable.