Brownstein Podcast Series

When the dust settles, the results of the 2025 Colorado Legislative session will impact the real estate industry. Listen in as Brownstein's Andi Stader, Sarah Mercer, Abby Kirkbride and Claire Havelda discuss what passed and what the possible short- and long-term impacts will be.

House Republicans are crafting a reconciliation bill to advance President Trump's legislative agenda, including tax cuts. The Inflation Reduction Act (IRA), a key achievement of President Biden, has faced criticism, particularly regarding its green energy tax credits. In this episode of our continuing tax podcast series, our team discusses the future of clean energy tax provisions in congressional negotiations.

More than 100 days into the Trump administration, the spotlight has primarily focused on executive actions. Meanwhile, Congress continues to investigate matters tied to the president's policy agenda, and issues prioritized by House and Senate committee chairs. Our team revisits the oversight predictions they made after the 2024 elections and examines the risks industries face after the beginning of the 119th Congress.

Colorado counties reassess property taxes for real and personal property every two years. With the notices of valuation for the 2025-2026 cycle being released on May 1, Brownstein Shareholders David Meschke and Justin Cohen explain why commercial property owners need to start preparing to review their assessment notices and decide whether it makes business sense to appeal those determinations.

President Trump has made returning manufacturing jobs to America a cornerstone of both his terms. Republicans in Congress are hoping to lend a helping hand during the drafting of their reconciliation bill by including provisions that offer tax incentives to companies that commit to domestic production. In this episode of our tax podcast, we delve into the potential structure of these credits and explore whether lawmakers might draw inspiration from past tax legislation, including the Biden-era Inflation Reduction Act.

With the reconciliation framework in place, congressional Republicans face the challenge of crafting a final bill. As they aim to solidify tax provisions from the Tax Cuts and Jobs Act, deliver on promises President Trump made to working-class voters and address broader tax concerns, lawmakers are searching for methods to offset the costs of their ambitious policy agenda. Today, Brownstein's tax team explore proposals gaining traction in Washington, including increasing taxes on individuals earning over $1 million. They'll examine the feasibility of this departure from conservative orthodoxy and discuss alternative strategies Congress might consider.

Construction defect litigation has loomed large over Colorado's development industry for more than a decade. From insurance issues to HOA lawsuits after the fact, construction defects can impact any stage in the life cycle of a development and the threat of lawsuits been used as a scapegoat for Colorado's lagging housing supply. Tune in as Brownstein's Kevin Walsh and Corey Zurbuch go over the legal landscape surrounding construction defects and how the related volley of statutory changes, judicial rulings and litigation have impacted communities in Colorado.

Jan. 20, 2025, marked the starting line of the first 100 days of President Donald Trump's second term. This podcast is part of a series tracking critical policy issues the White House may look to act on during the defining period of any president's administration. This week, our team examines the state of congressional negotiations on appropriations bills that continue government operations, and budgetary reconciliation efforts that advance the Republican policy agenda.

Jan. 20, 2025, marked the starting line of the first 100 days of President Donald Trump's second term. This podcast is part of a series tracking critical policy issues the White House may look to act on during the defining period of any president's administration. This week, our team delves into artificial intelligence: examining how the Trump administration and Congress aim to advance the technology, and how states might respond or even preempt federal policymaking.

Tax law allows those who itemize their returns to deduct certain state and local taxes, this is known as the SALT deduction. The provision was capped for individuals regardless of marital status at $10,000 by the Tax Cuts and Jobs Act as a revenue raiser, upsetting those in high-tax states like New York, New Jersey and California. With current razor thin margins in Congress and members of both parties representing these areas, our tax team dives into how the House and Senate may negotiate the caps and how they could be extended to corporations in 2025 tax legislation.

Jan. 20, 2025, marked the starting line of the first 100 days of President Donald Trump's second term. This podcast is part of a series tracking critical policy issues the White House may look to act on during the defining period of any president's administration. This week, we focus on how Trump may handle tax policy, including expiring Tax Cuts and Jobs Act provisions, campaign promises of additional tax relief and reshaping the federal tax collecting agencies.

Jan. 20, 2025, marked the starting line of the first 100 days of President Donald Trump's second term. This podcast is part of a series tracking critical policy issues the White House may look to act on during the defining period of any president's administration. This week, our team discusses early policymaking by the Trump team and the reaction of congressional Republicans, as well as how industry stakeholders can ensure their interests are considered under the GOP trifecta.

Some of the biggest constraints for homebuilders in Nevada is availability of land and water, government approvals and construction costs. Listen in as Greg Vallin and Michael Alires, members of Brownstein's Master Planned Community group, talk through how developers and homebuilders in the state can navigate these regulatory hurdles under tight deadlines and unpredictable costs.

In the next Congress, Republican lawmakers, who now control the White House and Capitol Hill, will attempt to pass a majority of their agenda through the reconciliation process. Navigating thin majorities in the House and Senate, legislators will look for funding sources to pay for new policies, including tax relief for millions of Americans and their businesses. In this conversation, Brownstein Shareholders Russ Sullivan and Rosemary Becchi talk about where members of Congress may look to off-set their revenue reduction plans.

While on the campaign trail, President-elect Trump didn't just promise to extend the tax cuts he passed with the Tax Cuts and Jobs Act (TCJA) in 2017, he promised additional tax breaks for Americans. Ranging from the removal of taxes on tips and overtime for workers to reductions in corporate rates for businesses, tax legislation in the next administration will have wide-reaching effects. Our tax policy team breaks down these proposals and discusses their likelihood of inclusion in reconciliation legislation.

When it comes to master-planned communities in Colorado, developing water supply is an increasingly complicated area—often costing more and taking much longer than anticipated. Tune in as Brownstein's Greg Vallin and Wayne Forman dive into the complexity and difficulty of water resource development and acquiring water rights for real estate development under Colorado law.

After winning a trifecta in last month's elections, Republicans plan on passing most of their agenda through reconciliation. This method of legislating, which allows lawmakers to avoid the 60-vote filibuster in the Senate, requires knowledge and skill to navigate a thin majority and a watchful Senate parliamentarian. Our team of congressional appropriations and budget veterans explain reconciliation and how the GOP will use the process to advance their policy plans.

COVID destabilized many commercial landlords, leading many tenants to focus on how to protect themselves from non-performing landlords. From doing due diligence on potential landlords to negotiating for economic and non-economic protections and remedies in leases, listen in as shareholders Tal Diamant and Melanie Taylor dive into ways for tenants to secure their leasehold while maintaining positive relationships with their landlords in the process.

The recent U.S. Supreme Court ruling overturning Chevron deference has significant implications for many industries. The change in an agency's authority to interpret ambiguous statutes might affect many businesses, especially those in highly regulated sectors. In this episode, members of Brownstein's legal and policy teams explore the possible consequences of this decision and discuss potential remedies for clients who believe they have been adversely affected by regulatory overreach.

Metro districts are a key part of new housing development in Colorado. Tune in as Brownstein's Corey Zurbuch speaks with Robert Rogers, shareholder at White Bear Ankele Tanaka & Waldron, about the challenges and opportunities that come with metro districts.

With Election Day 2024 finally behind us, a clearer picture is emerging of the new Congress's priorities. In this one-hour webinar, Government Relations Department co-chair Will Moschella, Senior Counsel Alice Lugo and Co-Chair of the Government Investigations & White Collar Defense Group Greg Brower discuss what the Senate and House committees are likely to have in store for American businesses as part of their oversight agendas for the next two years.

A panel made up of Brownstein policy directors that worked in President Trump's first administration come together for a candid conversation about the 2024 election results before turning to what's ahead for the Trump transition and the next four years. Moderated by Barry Jackson, the panel is also joined by Boris Epshteyn, counsel and senior advisor to President Trump, who provided insights on Trump's historic campaign and agenda for his next term.

One persistent challenge for real estate developers navigating local permitting laws is overcoming community opposition. Tune in as members of Brownstein's Master Planned Community team talk through hurdles developers face when seeking local approval and how they can address community concerns to prevent or overcome opposition from the project's future neighbors.

Denver voters have a record breaking 26 measures on the ballot this year. A panel from the Downtown Denver Partnership, moderated by Brownstein Real Estate Co-Chair Blair Lichtenfels, discusses the ballot questions that could most significantly impact Denver's downtown and economic competitiveness. Listen in to learn more about the issues Denver residents will be asked to vote on during this election.

In today's episode of Brownstein's Podcast Series on master-planned communities, Shareholder Greg Vallin talks to two industry experts—Brock Smethills, president of the Sterling Ranch Development Company, and Kyle Harris, senior vice president of community development and general manager for the Baseline project at McWhinney—about their projects' successes and challenges as well as current trends in the market.

The 2024 election is upon us. Colorado's ballots are in the mail and the Colorado Blue Book is already in voters' hands. Join Brownstein's Sarah Mercer, David Meschke and Rosa Baum as they dive into the labyrinth of 14 measures on the statewide ballot this year, seven referred by the legislature and seven brought by citizen initiatives, and their potential impact.

It's no secret that attainable housing is becoming difficult to find. In this episode, members of Brownstein's Condominium and Planned Community practice talk through the complex tangle of legal and regulatory barriers facing the industry and consider solutions and innovative approaches to the problem.

As part of their continuing podcast series looking into tax policy in 2025, Russ Sullivan and Rosemary Becchi dive into changes to 199-A regulations. Joined by former Sen. Mark Pryor, they discuss how this provision's expiration could lead to material harm for small business and pass-through businesses across the country. They also cover methods concerned industry members can utilize to protect 199-A rates, including joining the Protect Coalition, an organization solely focused on this issue.

The Democratic Party convened in Chicago to officially nominate Kamala Harris and Tim Walz. The convention not only showcased a diverse array of speakers—including some from across the aisle—but also told the Democratic party's story of America's journey and its vision for the future. Our Washington, D.C. team who attended the DNC breaks down how the convention's narrative and vision for the 2024 election reflects the broader political and policy challenges facing the nation.

The 2024 election cycle has seen a lot of twists and turns. With so much uncertainty, our Tax Policy team invites bipartisan members of our Government Relations team to discuss how tax policy might look if either party sweeps the elections or if there is split control of government after November. Current cuts and credits that will affect individuals and companies are on the line as we count down to Election Day.

The Republican party held their convention to nominate Donald Trump for president of the United States from July 15 – 18. The Milwaukee-based event featured the publishing of a party platform, a plethora of speakers and the announcement of Ohio Senator J.D. Vance as the vice presidential candidate. Now, two weeks later, the political world has shifted and our policy professionals who attended the RNC dissect the policy and political developments since they left Fiserv Forum.

As the dust settles, the results of the 2024 Colorado Legislative session will impact the real estate industry. Tune in for a panel discussion with Brownstein Shareholders Blair Lichtenfels, Sarah Mercer, Caitlin Quander and Kevin Walsh, who cover what passed and what the possible short- and long-term impacts will be.

Summer is approaching and, right on time, the 2024 election is starting to heat up. Races for the House, Senate and the presidency are all kicking into gear as we reach the second half of primary season, and many campaigns are pivoting toward the general election. Today, Brownstein's policy professionals will discuss if any party has an edge going into November, the issues that will dominate the campaign trail and how you can be prepared for policy changes in 2025 and beyond.

On May 16, the Department of Justice proposed regulations to reschedule cannabis from a Schedule I to a Schedule III substance. The rule would significantly loosen federal restrictions on cannabis, opening new opportunities to industry members, researchers and cannabis users. Still, major questions loom. Join Shareholders Melissa Kuipers Blake and Josh Weiss as they discuss how the rescheduling process will play out, tax implications, what this means for the SAFER Banking bill and many other questions created by this announcement.

Well-meaning businesses that utilize independent contractors face a host of challenges in today's evolving legal landscape. Join Brownstein employment Shareholders Kayla Dreyer and Luke Glisan, and Associate Russell Kalvelage, for a fresh look at employee classification and learn the risks of misclassification in an increasingly hostile environment. This discussion provides employers, HR professionals and in-house counsel with the knowledge they need to accurately classify independent contractors.

A pending loan maturity date can raise many issues, including hurdles with loan modification negotiations, the need for additional equity, and the potential for rescue or alternative capital as a loan exit strategy. Tune in for a discussion with industry and legal professionals on these topics and the current lending and refinancing market to learn how to best position yourself for a positive outcome.

The Consumer Financial Protection Bureau (CFPB) has released new rules, through the Small Business Regulatory Enforcement Fairness Act (SBREFA) (pronounced sa-brief-a) process, that would drastically change the landscape of credit reporting. The regulations would heavily restrict credit reporting agencies' ability to use medical debt in determining credit scores of borrowers, as well as expand the definition of credit reporters which will likely have measurable effects on internet content providers. Shareholders Leah Dempsey and Sarah Auchterlonie are joined by Ph.D. economist Andrew Nigrinis to discuss the background of these guardrails, how they may affect different industries and what legal and political challenges these rules face.

‘Tis the season for office holiday parties! These events present a once-a-year opportunity to boost employee morale and reward workers for another great year, but they can also open employers to a number of litigation risks and liability headaches. Take a listen as employment shareholders Kayla Dreyer and Luke Glisan discuss the most important questions for employers—from serving alcohol and time of day to mandatory attendance and inclusivity concerns—and the best strategies to avoid the biggest risks when planning end-of-year festivities.

Colorado voters have a choice this November: trade relief from increasing property tax rates in exchange for smaller refunds for all taxpayers. If approved, Proposition HH would reduce assessed property valuations for the next 10 years and backfill lost revenues to local governments by allowing the state to retain more tax revenue from TABOR refunds. Before you vote your ballot, take a listen as Brownstein's Caitlin Quander and Andi Stader go over the particulars of the ballot question, impacts on commercial real estate, how it implicates TABOR and how it would effect education funding and rent relief.

On Sept. 30, 2023, a collection of federal subsidies for childcare expired. The loss of this funding has sent state and local governments, along with operators and patrons of childcare businesses, scrambling for answers on how this will affect organizations focused on early childhood development. Today members of Brownstein and the Early Care & Education Consortium teams will discuss the status of programs affected by the subsidies cliff, how it may impact stakeholders and possible solutions for policymakers.

When Biden announced moves last year to reform cannabis, most thought it was just virtue signaling. Then, late last month, the Department of Health and Human Services surprised the entire industry with a recommendation to reclassify cannabis from Schedule 1 to Schedule 3 under the Controlled Substances Act. A few weeks later, the Congressional Research Service predicted the DEA would follow that recommendation “if past is prologue." And most recently, a perennially debated bipartisan bill that would open up banking options to the cannabis industry passed a key Senate committee for the first time. How long will the DEA process take? Will they follow HHS's recommendation or go for a middle-of-the-road option? Will the SAFER Banking Act survive further votes in the full Senate and Republican-controlled House? How will this impact the nation's $33 billion cannabis industry? Tune in as shareholder Joshua Weiss and policy advisor Osiris Morel discuss recent developments and predict where we go from here.

Our 2023 Health Care Business Panel looked at the top threats and opportunities in health care right now. The panelists covered the business outlook and dealmaking recalibration that is taking place in the health care industry, the regulatory power of the Biden administration and how they are looking to change health care, as well as antitrust issues, drug imports, telemedicine, generative AI and learnings from COVID-19. Moderator: Mike King, shareholder at Brownstein Hyatt Farber Schreck Panelists: Nadeam Elshami, policy director at Brownstein Hyatt Farber Schreck Alex Geier, managing director at GLC Advisors & Co. Deema Tarazi, senior policy advisor and counsel at Brownstein Hyatt Farber Schreck

Brownstein's Tax team discusses how to read the topography of the tax landscape as we come out of Congress's summer recess and approach the final months of 2023. Bipartisan support for renewing or extending various tax provisions has shown promise for new legislation, yet there is little movement on Capitol Hill since the midterms. Our team talks through which provisions have received the most attention, their path to adoption and the timeline to watch through the end of the year.

Tenants' rights were certainly on the minds of Colorado lawmakers this legislative session. The state passed several bills that will significantly impact multifamily properties and how landlords can write their leases and interact with tenants. Tune in as Blair Lichtenfels and Zach Siegel go over the new legislation covering everything from newly banned provisions in rental agreements and changes to what landlords can consider when vetting tenants to how much landlords can charge for pets.

Now that the smoke has cleared from the debt ceiling negotiations, what defense spending may look like heading into the next year has come into a clearer view. The $886 billion agreed to by House GOP leaders and the Biden administration represents a 3.3% increase over last year but has already drawn criticism from Republicans and Democrats alike. Now with the National Defense Authorization Act on the horizon, we bring together our defense team to discuss how we got here and what to expect over the next few months in the defense space.

With Denver's municipal runoff over, the city finally has a new mayor-elect with Mike Johnston winning by a healthy margin. While the results in the mayor's race may not be surprising, results in the City Council runoff elections saw one incumbent progressive edged out in favor of a more moderate candidate—leaving open questions about the political future of Colorado's capital city in the grips of housing turmoil. Tune in as Zach Siegel and Blair Lichtenfels break down the data, share their reactions and talk about what the results might mean for the future of Denver.

Taxpayers in Colorado got their property tax assessments on May 1, most with huge spikes in their new valuations. Take a listen as Zach Siegel talks with Justin Cohen about how the process works, the difference between residential and commercial property taxes and how taxpayers can appeal the skyrocketing values used to assess their property taxes.

Denver is considering changes to its Expanding Housing Affordability ordinances that would extend deadlines for developers. Adopted in June 2022, the ordinances require both for-rent and for-sale projects with 10 or more multifamily units to either include affordable housing options or pay a fee in lieu and require commercial projects pay linkage fees. Tune in to hear a discussion with Blair Lichtenfels, Zach Siegel and Andi Stader about the changes, how we got here and why this could be good news for developers.

Since the 1980s, California has faced a worsening housing crisis as development continues to lag behind national averages and demand. Facing a tangle of obstacles from intensive zoning and environmental laws to high land cost and NIMBY resistance, California has to double its housing production to keep pace with demand. Tune in as Shareholder Chris Guillen, Policy Advisor Steven Stenzler and Associate Mack Carlson talk about why the housing shortage is more than a social issue, how developers and housing coalitions are trying to get creative, the impact and interplay of local governments, and how the state legislature is responding.

Denver approved the International Building Code with some amendments in January 2023. For developers who relied on the city's building code as it was written in 2019, this presents a dilemma. Which code applies to development projects in the middle of the approval process, and what changes are required to keep these projects moving? Tune in as shareholders Zach Siegel Blair Lichtenfels break down how the perpetual motion of development could complicate compliance with the new code, the details of the city's transition policy and how developers can navigate the change and its impacts.

Colorado's governor rolled out an ambitious bill aiming to tackle the state's growing housing crisis by limiting municipalities' oversight of residential development in the state's most populated cities. In a home-rule state, is a statewide housing shortage enough to override legal deference to municipalities' ability to govern land within their borders? Listen as shareholders Sarah Mercer and Carolynne White go over what's in the bill, the legal tangles lawmakers have to contend with, and why most municipalities in the state are pushing back.