Employment attorney with a decade of significant courtroom experience. Offers a holistic practice by pairing litigation talent with extensive transactional knowledge and skills. Works with businesses across industries nationwide to develop risk-mitigation solutions.
Hannah Caplan helps businesses navigate the complex field of labor and employment law and works proactively to mitigate the risk of future claims.
In her transactional practice, Hannah navigates employee transitions with confidentiality, non-compete and non-solicitation agreements as well as separation and release agreements, often under time constraints and with sensitivity to other business needs. She also assists with due diligence support in corporate acquisition and merger transactions, including immigration compliance and other material issues. Inside and outside the confines of a pending deal, she provides compliance review services of company policies, handbooks and agreements tailored to the client’s business and attentive to constantly evolving labor laws throughout the country.
When litigation is unavoidable, she defends against discrimination, harassment and retaliation claims as well as wage payment lawsuits, including collective actions under FLSA. Her litigation experience includes representation of unfair competition and trade secret disputes between employers and former employees, often in the context of emergency motions and hearings. Hannah has negotiated dismissal and favorable settlements on behalf of her clients before incurring substantial litigation costs, and has also achieved victories following trial.
Secured early dismissal of individual defendant Chad Keck for lack of personal jurisdiction in multi-defendant complex litigation matter regarding United States rugby leagues in Boulder County District Court (Case No. 18CV30533).
Counsel to ART Capital LLC in its acquisition and financing of Outdoor Dimensions, LLC, a full-service provider of signage and outdoor marketing solutions based in Southern California.
Counsel to ART Capital LLC in its acquisition and financing of Andersen Commercial Plumbing, LLC, a commercial plumbing business in Southern California.
Counsel to VetScience LLC and its Fruitables brand of natural dog treats and food supplements in its sale to Manna Pro Products, LLC .
Counsel to one of the largest health insurance companies in the country in a lawsuit alleging violations of the Sherman Act and Colorado Antitrust Act. We asserted counterclaims under the Sherman Act, Colorado Antitrust Act, Colorado Consumer Protection Act, and ERISA, in addition to various tort claims. The case was ultimately settled on favorable terms for our client.
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 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.
Have You Thought About ... What the Latest Voluntary Extension to the FFCRA Means to Employers?
Brownstein Client Alert, March 23, 2021
Diversity in the Health Care Workforce and Taking Stock of the Legal Risks After COVID-19Speaker, American Health Law Association, February 9, 2021
Have You Thought About ... What the Limited Extension to the FFCRA Means to Employers?
Brownstein Client Alert, January 8, 2021
The Telehealth “New Normal”— Employment & Compliance ConsiderationsCo-author, American Health Law Association Connections, November 1, 2020
Colorado Equal Pay ActSpeaker, Colorado Bar Association, Labor & Employment Law Section, 2020 Virtual Employment Law Conference, October 6, 2020
Have You Thought About ... COVID-19 Implications for Employment Issues in Corporate Transactions?Brownstein Client Alert, September 29, 2020
Colorado Enacts Expanded COVID-19 Paid Leave and Heightened Whistleblowing and PPE Protections, Effective ImmediatelyBrownstein Client Alert, July 15, 2020
Five Issues for Businesses to Consider Amid COVID-19 ResurgenceBrownstein Client Alert, July 9, 2020
Colorado Implements New Paid Sick Leave Requirements Extending Beyond COVID-19 Issues
Brownstein Client Alert, June 17, 2020
Have You Thought About ... The Foreseeability of a COVID-19 Resurgence for WARN Act Purposes?
Brownstein Client Alert, June 8, 2020
UPDATED: Documentation Requirements for Payroll Tax Credits and Employee Eligibility Under FFCRA
Brownstein Client Alert, Updated on June 2, 2020
Lessons from Hahnemann University Hospital: What We Can Learn About Operational Questions, Legal Options, and Danger Zones for Bankrupt HospitalsSpeaker, American Health Law Association, March 24, 2020
Maintaining a Safe and Healthy Work Environment During the Coronavirus PandemicBrownstein Client Alert, March 17, 2020
Restricting Employees’ Work-Related Travel in Light of the Coronavirus ThreatBrownstein Client Alert, March 13, 2020
Don't Let Halloween Haunt Your Workplace: How to Manage the Holiday's RisksAuthor, HR Dive, October 21, 2019
Colorado Legislature Will Consider Wide Range of Employment Bills
Brownstein Client Alert, January 18, 2019
Making Sure Patients Win During the Midterms: Health Care Employers’ Voting Leave and Related ObligationsCo-author, American Health Lawyers Association, November 2018
The Perils of Parental Leave PoliciesCo-author, Law Week Colorado, June 25, 2018
Mandatory Annual Sexual Harassment Training Is Imminent for NYC EmployersBrownstein Client Alert, May 2, 2018
Mitigating the E-Discovery Sideshow: Health Care Employer’s Guide to Managing E-Discovery Before and During LitigationCo-author, American Health Lawyers Association Labor & Employment Newsletter, 2018
No Regrets: 10 Tips to Avoid Holiday Party LiabilityBrownstein Client Alert, November 14, 2017
Another Revised Form I-9: Mostly Non-Substantive Changes, with One Puzzling Guidance Modification, and Employers Must Switch to a New Form for the Second Time This YearBrownstein Client Alert, August 1, 2017
Nevada Redefines Non-Compete Standards; Employers Should Promptly Review Their AgreementsBrownstein Client Alert, July 7, 2017
What Employers Should Know About Proposed Paid Leave BillCo-author, Law360, May 1, 2017
New Form I-9 Means More Immigration-Related Change In 2017Brownstein Client Alert, December 7, 2016
Wage and Hour Law Compliance Training for EmployersPresentation, Wage and Hour Law Compliance Training for Employers, Denver, CO, November 11, 2016
An Employer's Guide To Surviving A Heated Election SeasonCo-Author, Law360, October 3, 2016
Nevada Supreme Court Confirms That Overbroad Non-Compete Agreements Will Be Invalidated, Not ModifiedBrownstein Client Alert, August 1, 2016
DOL Issues Final Rule Regarding Updated FLSA White Collar ExemptionsBrownstein Client Alert, May 18, 2016
New Federal Trade Secret Law Aims To Make Enforcement More ConsistentBrownstein Client Alert, May 5, 2016
Employment Law Conference 2016: FLSA Claims, Litigation and SettlementsColorado CLE: Employment Law Conference, 2016
Significant Proposed Changes Seek to Modernize Regulations on Confidentiality of Drug and Alcohol Abuse Patient Records Under Part 2Brownstein Client Alert, March 29, 2016
New Amendments Align Aspects of California’s Kin Care Leave Law with Recently Implemented Paid Sick Leave RequirementsBrownstein Client Alert, December 2, 2015
NLRB Rules Witness Statements No Longer Automatically Protected from Union DisclosureBrownstein Client Alert, July 6, 2015
Employment Law Conference 2016: Proactively Prepare for What Lies AheadColorado CLE, 2016
It’s Good to be Judge for a DayAuthor, The Colorado Lawyer, Vol. 44, No. 3, page 63, March 2015
Eighth Circuit Reminds Nonprofits They Are Subject to Whistleblower LawsBrownstein Client Alert, September 22, 2014
Point/Counterpoint: Striking a Judge From a Case – Striking Out: The Rule Would be InjuriousAuthor, The Colorado Lawyer, Vol. 43, No. 5, page 87, May 2014)
Comment, Maryland v. Shatzer, Stamping a Two-Week Expiration Date on Miranda RightsAuthor, 88 DEN. U.L. REV. 289, 2010
General Editor, Denver University Law Review
Scholastic Excellence Awards, Evidence and Administrative Law, University of Denver, Sturm College of Law
Colorado Bar Association
Colorado Women’s Bar Association
Denver Bar Association