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Brian Nugent

Of Counsel

555 17th Street, Suite 3200, Denver, CO 80202

Brian Nugent represents employers across the country providing advice relating to all aspects of their businesses and operations.

His representation includes formation, contract development and negotiations, employment advice, unemployment tax matters, defense of regulatory assessments, litigation, and mergers and acquisitions. 

His experience as the Chief Legal Officer of two large national companies operating in the employment services sector (temporary staffing and PEO) provides Brian with invaluable insight and understanding of the legal issues employers that they confront and their preferred options for resolution. As outside counsel, he strives to deliver advice with this viewpoint in mind. 

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Client Results

Mergers, Acquisitions, and Transactions
  • Completed more than a dozen acquisitions for temporary staffing companies and PEOs, including mergers, both forward and reverse, as well as the purchase of assets and/or stock.

  • Licensing of a multiple PEOs in more than 30 states.

Unemployment Tax Disputes
  • Represented a Florida employer (PEO) to challenge an unemployment assessment. The Hearing Officer issued a Recommended Order dismissing the Florida Department of Revenue's tax assessment, resulting in more than $1 million in unemployment tax savings for the client.
  • Successfully represented a group of 25 commonly-owned Texas employers against an assessment filed by the Colorado Department of Labor and Employment. Based on precedent established in a landmark case of first impression successfully argued by Mr. Nugent in the Colorado Supreme Court (where the Court held the Department of Labor and Employment lacked the authority to combine the employer accounts and their respective unemployment history of commonly owned or controlled employers), the Department of Labor and Employment agreed to settle its claim for past unemployment taxes.

  • Successfully reversed a decision of the Texas Workforce Commission seeking a dramatic increase in the unemployment rate of a Fortune 50 Texas employer following a major acquisition of a competitor. The reversal resulted in significant tax savings for the client, estimated at more than $3 million.

  • Successfully defended a client in a major unemployment tax case against the State of Hawaii Department of Labor and Industrial Relations. The ruling forced the State to comply with federal mandates contained in the federal and state unemployment statutes, and to recalculate taxpayers’ contribution rates, resulting in a tax reduction for the client in excess of $3 million.

News

Speaking Engagements

Education

Bar Admissions

Professional and Civic Affiliations

  • National Association of Professional Employer Organizations; Member and former Chair of NAPEO Legal Advisory Committee, Member
  • American Staffing Association, Member
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