Who knew this sleepy-town family court judge would one day be the center of contention surrounding a multi-million-dollar lawsuit. Well, it appears Los Angeles superior court Judge Yvette Plazuelos has ruled that Judge Judy Sheindlin’s agent, Rebel Entertainment Partners, can go ahead with their lawsuit against CBS television.
Unless there is some sort of pre-trial resolution, the trial is set for October 23, 2017.
Judge Judy’s Salary Case Details and Allegations
CBS Corp Sues Judge Judy over Show Profits, Alleged Fraud | Denver Business Attorney
The following case details and allegations surrounding Judge Judy’s controversial salary case were gather from new reports and court documents:1
Rebel Entertainment Partners filed the lawsuit on March 14 claiming that it is entitled to 5% of the show’s profits, but haven’t received a payment since 2010.
In 2010, reality show star and judge Sheindlin’s salary doubled. The former family court judge now makes an estimated $47 million salary.
Besides not getting paid for six years, Rebel claims it’s owed money from Sheindlin’s spin-off show called "Hot Bench."
Rebel also claims it believes it was snubbed of its share of profits because of Sheindlin’s high salary. Sheindlin is not named in the lawsuit.
The lawsuit alleges that CBS has made gross revenues of $1.7 billion since it first aired in 1996.
CBS fired back on April 15, 2016 with allegations of fraudulent misrepresentation. CBS claims the plaintiffs’ are misrepresenting their role with regard to Sheindlin’s success and that they are not entitled to any profits.2
For her part, Sheindlind says the plaintiffs cannot claim they was behind her success and that they not entitled to any profits either.
Why it is Important to Create Profit-Sharing Agreements
Before you close a big deal between two separate companies or entitles. it’s important that you draft up and make a contractual binding profit agreement, so that there’s no disputes further down the road. Here’s a few things to keep in mind when wanting to make a profit sharing agreement:
Ratios – Profit sharing agreements are typically expressed in terms of ratios. For instance, if there are three partners sharing profits of an agreement one partner could take 50 percent of the profits, another 30 percent and the later 20 percent.
Rules – The rules will spell out individual responsibilities each partner will contribute to the agreement.
Restrictions – The restrictions would also make stipulations on the kind of decision making authority each partner might have. The restrictions would also make allowance in the event a partner died, or decided to buy out or opt out. It would also spell out the terms for dissolution of the agreement.
Does your business agreement or partnership need a profit sharing agreement? If so, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and his faithful legal team at Downey & Associates, PC, have been providing legal representation to business clients for all kinds of business-related matters, including partnership agreements, profit sharing agreements and contract negotiations.
Let us take the hassle out of drafting complicated business agreements, call our Denver business attorney today at (303) 813-1111 or by email him us using the contact form on this page.
We’re based in Englewood, but we serve clients throughout Colorado and the U.S.
1“Judge Judy's $47m salary at the center of lawsuit against CBS” published in the Guardian, July 2016.
2“CBS Sees ‘Judge Judy’ Lawsuit Over $47M Salary & Profits Get Trial Date” published in Deadline, July 2016.
Have you ever wondered how safe your current (or a prospective) workplace really is? Well, the U.S. Occupational Safety and Health Administration (OSHA) has recently enacted a new compliance measure, requiring roughly 750,000 employers (which operate about 1.5 million workplaces) to submit detailed annual reports regarding work-related injuries and illnesses online as of 2017. This new rule is reportedly set to take effect this month.
The New OSHA Rule: A Look at the Details & Requirements
According to the new OSHA reporting rule, businesses that have more than 250 employees and/or at least 20 employees in high-risk positions are required to file these online reports every year.
The new rule also includes provisions stipulating that:
Employers that try to retaliate against “whistleblowers” or employees who report employers' violations of OSHA requirements will be subject to penalties.
Reporting safety data to OSHA will only have to occur on an annual basis (rather than a quarterly basis).
Prior to making any employer report available online, all sensitive and personal information will be stripped or blacked out of these reports.
States that have their own occupational safety and health laws must incorporate “substantially identical” requirements for online injury and illness reporting. These measures must be adopted within six months.
Pros and Cons of Reporting Workplace Injuries and Illnesses
OSHA officials are hopeful that this new reporting rule will improve workplace safety across the U.S. - and enhance employers' compliance with OSHA regulations (due to the increased transparency).
There are, however, various critics of this rule. These critics contend that:
The new rule for publishing workplace injuries and illnesses online would lead to public shaming of employers and blame for injuries, illnesses or accidents that are sometimes out their control.
Data on injuries and illnesses is already being tracked by companies and shared with OSHA during regular inspections or surveys.
The new rule could bring new (and more) enforcement actions against employers, which could, in turn, impact company wellness incentive programs and drug-testing policies for injured workers.
Opposing these critics, labor unions and organizations generally embrace the new rule. As Christine Owens, executive director at the National Employment Law Project, has explained:
More than 4,800 workers were killed on the job in 2014; almost 3 million more suffered serious injuries... This is an unconscionable toll of workplace disease and death for a 21st-century economy, and OSHA must do all it can to improve the safety and health of America’s workers.
For experienced, effective representation in an employment law or other business dispute, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC have been providing exceptional representation for various business legal issues, including those related to OSHA compliance issues, contract negotiations, and corporate governance issues.
Our dedication to our clients, coupled with our extensive experience handling complex matters of corporate and real estate law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
Call our Denver business attorney today at (303) 813-1111, or email our firm using the contact form on this page.
From law offices based in Centennial, we serve clients throughout Colorado and the U.S.
When hiring staff to run a business, owners and managers can choose to take on their new hires as either employees or contract workers. Understanding the difference between these two types of staff can be crucial in appropriately classifying workers and, in turn, avoiding potentially costly disputes in the future.
What is an ‘Employee’?
In general, workers who are employees will be those who:
Carry out labor or tasks that are controlled by others
Are trained to carry out the labor associated with a specific position
Are employed by only one employer.
According to the U.S. Department of Labor (DOL), which released guidelines for determining whether workers are employees versus independent contractors earlier this year, “most workers are employees under the FLSA [Fair Labor Standards Act].”
What is an ‘Independent Contractor’?
In contrast, workers who are generally considered to be independent contractors will be those who:
Have their own employees
Operate under a business name or entity and/or advertise their professional services
Have a business bank account
Work for multiple parties (or clients)
Set their own hours and have their own tools
Maintain their own business records.
Why the Right Classification Matters: Limiting Business Liability
While businesses of any size can benefit from staffing a mix of employees and independent contractors, appropriately classifying each staff member, based on the nature of his labor (and the factors noted above), is essential.
This is because, when businesses misclassify workers – hiring them on as independent contractors instead of employees, they can be sued by the misclassified workers.
And when these lawsuits result in wins for the misclassified workers, businesses can be ordered to compensate workers for their:
Back pay, such as past overtime wages they never received
Back benefits, such as health care and retirement benefits
Attorneys’ fees
Other damages (if incurred as a result of the misclassification).
Punitive damages may also be awarded in some worker misclassification cases.
Contact a Denver Business Attorney at Downey & Associates, PC
For experienced help resolving any business legal issue, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, property tax and real estate legal issues.
To find out more about our services and how we can assist you, contact our firm today by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Businesses that gain or lose a partner, those who are trying to rebrand and even those that may be trying to get away from a negative association may all consider changing their names. Regardless of why a business name needs to be changed, the how of it is typically involved.
By taking certain steps ahead of time, however, business owners facilitate the transition into the new business name with minimal disruptions, wasted time and lost money.
So, here are the steps to take before and as you change the name of your business:
Make sure the name isn’t trademarked – Using the U.S. Patent & Trademark Office’s search tool, you can see if the name you want (or some variations of it) are already trademarked.
See if an appropriate domain name is available – Do a simple search for the URL you want (and possibly similar variations of it) to see if it’s available. If not because a business already owns it, you may want to reconsider your name.
Complete the Secretary of State form to change your business name – As part of this process, you can determine whether another entity in the state is already operating under your business name.
File a New DBA Name & Update Your Licenses and Permits – If your former business had filed a “doing business as” name, make sure you update this. At this time, it’s also good to check if you need to go through a special process to update the business names on your licenses and permits.
Inform the IRS – How the IRS should be informed of the new name will depend on the type of business entity you have. For instance, while sole proprietors may need to send in a letter, partnerships may be able to note the new name on their tax returns.
Update Your Business Contracts – This may be a complicated process because you may need to update employment contracts, lease contracts, contracts with distributors or vendors, client contracts, etc. As this point, it can be essential to retain an experienced business lawyer, who can help you appropriately revise your business contracts – and update them if necessary.
Contact a Denver Business Lawyer at Downey & Associates, PC
For experienced help resolving any contract or business legal issues, contact Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and his dedicated staff have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, & real estate legal issues.
Our dedication to our clients, coupled with our extensive legal experience, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
While business insurance is a must for certain types of entities, such as health care providers, it can be difficult for small business owners who conduct low-risk work to know when to get business insurance.
To help you understand your options, as well as when it may be time to get business insurance for a small business, below, we’ll point out and explain the four most common types of business insurance.
Options for Business Insurance: Here’s What You Need to Know
1 – General liability business insurance
This is a type of “catch-all” insurance for businesses because it can protect business owners and employees from damage related to:
Physical injury
Property damage
Litigation costs
Unfavorable judgements or settlement awards
Libel and slander.
General liability insurance for businesses can be tailored to meet the specific needs of the business (as there are various add-ons businesses can opt for). While this type of business insurance can provide essential protections, it can also be critical to conducting business and/or securing new clients (as some may specific request proof of this insurance before agreeing to do business with an entity).
2 – Professional liability insurance
Commonly also referred to as “errors and omissions insurance,” this type of business insurance provides protections against negligence and malpractice allegations that may be made by a business’ customers or clients.
This can be an important form of business insurance for professionals like financial advisors, doctors and tax professionals, as the nature of their services can lead to malpractice allegations when, for instance, clients are simply not satisfied with results (even if no malpractice occurred).
3 – Property insurance
This type of business insurance can help protect the real estate, equipment and other property assets a business holds. While this can be an important form of insurance for businesses with significant property holdings, it can also be crucial for home-based enterprises, as homeowners’ insurance won’t necessarily provide the same protections for business owners as property insurance would.
4 – Product insurance
This form of business insurance can protect a business against the financial loss associated with allegations of its products being defective and/or causing harm to the public.
Contact an Experienced Denver Business Attorney at Downey & Associates, PC
When you need experienced help resolving any business legal issue, you can count on Denver Business Attorney Thomas E. Downey.
Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, property tax and real estate legal issues. Our dedication to our clients, coupled with our extensive experience handling complex matters of business law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
As we’ve pointed out in a few recent blog posts (here and here), submitting periodic reports for businesses is necessary the keep them in compliance with state regulations. To shed some light on what these reports are and what they should include, below, we’ll answer some of the most common questions regarding periodic reports for businesses in Colorado.
Answers about Business Periodic Reports
Q – What is a periodic report?
A – Periodic reports are annual reports that businesses file with the Colorado Secretary of State. These reports, which become matters of public record, provide business entities with the opportunity to update their names, addresses, principal/registered agent(s), etc.
Q – Why do businesses have to file periodic reports?
A – Business, such as LLCs, nonprofits and corporations, have to file periodic reports so that they remain in “good standing” with the Secretary of State. By complying with this requirement, businesses can ensure that the most up-to-date info regarding that entity is available to the public.
Q – When do I need to submit my periodic report to the Secretary of State?
A – Periodic reports are due during the “Periodic Report Month,” which is the three-month period starting on the first day of that entity’s anniversary month of formation.
So, for instance, if a business was formed on April 15th, the periodic report for that business would be due between April 1st and June 30th each year.
Here, it’s also important to point out that:
Periodic reports can be filed up to two months early.
They can also be filed up to two months late (with the payment of a late fee).
The due dates for a business’ periodic reports can change if the business is converted to a new entity.
Q – Will I receive a notice informing me of when my periodic report is due?
A – You will if you sign up for the email notification service provided by the Business Division of the Colorado Secretary of State’s office. While this service will send an email on the first day of a business’ Periodic Report Month, it will also provide business owners with other important info, such as the final day to file to remain in compliance, as well as how to file periodic reports online.
Q – What are the consequences of not submitting a periodic report?
A – Businesses for which periodic reports are not submitted on time will end up receiving a “noncompliant” designation. After this occurs, that entity will have two months to submit a periodic report before the status is changed to “delinquent,” meaning that it cannot legally conduct business in the state.
In order to reverse a “delinquency” status for a business and get it back in “good standing,” a Statement Curing Delinquency (or another appropriate document) will have to be filed with the Secretary of State.
Contact a Denver Business Lawyer at Downey & Associates, PC
If you need help keeping your business in compliance – or resolving any business legal matter, you can count on Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, property tax and real estate legal issues.
To learn more about how we can help you and your business, call us at (303) 813-1111 or email us using the contact form on this page. From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
After setting up a corporation in Colorado, there will be some ongoing requirements that you’ll have to fulfill in order to keep the business in compliance and maintain the limited liability it provides. Below, we’ll point out the typical ongoing requirements for corporation owners in Colorado.
Corporate Record Requirements in Colorado
At a corporation’s headquarters or principal place of business, the following records for the corporation must be maintained:
The Articles of Incorporation and any related bylaws
3 years of minutes/meeting records from all director/shareholder meetings
All financial statements for the corporation for the past 3 years
Records of all director/shareholder actions taken without holding a meeting, as well as actions a committee of the board of directors has taken without holding a meeting
All written communications to shareholders for the prior 3 years
Records of all waivers of shareholder/director/board meeting notices
Records of the shareholders’ names and addresses, alphabetized by class of shares
A list of the names and business addresses of each of the current directors and officers
A copy of the corporation’s most recent annual report.
Additional Ongoing Corporate Requirements in Colorado
In addition to maintaining the above records, the following must also be done to keep a corporation in compliance:
File an annual report with the Colorado Secretary of State’s Office – This annual report, which is also referred to as the Periodic Report must be filed within 3 months of the anniversary of the entity’s formation.
When you are ready to form a business or need any assistance with corporate compliance issues, you can count on Denver Business Lawyer Thomas E. Downey.
Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, business and real estate legal issues. Our commitment to our clients, as well as our extensive experience handling complex matters of business law, means that our clients can always trust that we will:
Aggressively protect their rights
Handle their needs with expert care and attention
Help them achieve the best possible outcomes to their sensitive legal matters.
We have the integrity, experience and resources necessary to ensure that you will receive the highest level of personal service, the highest quality legal services and, ultimately, the best possible resolution to your case.
Contact Us Today
We encourage you to learn more about your options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Once you have set up your limited liability corporation (LLC) in Colorado, there are certain things you’ll need to do on an ongoing basis in order to maintain your business and keep it in compliance. Below is an overview of the ongoing requirements that generally apply to LLCs in Colorado.
4 Ongoing Requirements for Colorado LLCs
The following will usually need to be maintained or completed on an annual basis for LLCs:
Filing an annual report, which is known as a Periodic Report – This Report is due to the Colorado Secretary of State’s Office during the 3-month period starting from the first day of the LLC’s anniversary month of formation (or the Periodic Report Month).By filing a Periodic Report, business owners can provide the most current info for their LLCs to the Office, thereby ensuring that the most current info can be provided to the public. Additionally, submitting this Report (on time) will ensure that an LLC maintains a “Good Standing” with the Secretary of State.
A failure to submit these Reports can lead to hefty fines and, eventually, LLCs being demoted to a “delinquent” status.
Paying taxes – This includes paying all necessary state and federal taxes for the LLC on time. Failing to pay the LLCs taxes can not only lead to expensive fines, but it may also result in the principals of the entity being held personally liable.
Renewing the business license – Generally, the Department of Regulatory Agencies, Division of Professions and Occupations (DPO) will send business owners a renewal notice, informing them of the impending expiration of their business license. The DPO notes that “renewals open approximately 6 weeks before license expiration.”
Renewing necessary operating permits – This step will vary for business owners, depending on the nature of the business, service or operations performed by the LLC. With permits, it’s advised that business owners maintain their own renewal schedules to avoid having essential operating permits lapse.
Do you need help forming a business or resolving any business legal issue? If so, you can count on Denver Business Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business, litigation, property tax and real estate legal issues.
Our dedication to our clients, coupled with our extensive experience handling complex matters of business law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
Contact Us Today
We encourage you to learn more about your options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
From our law offices in Centennial, we serve clients throughout Colorado and the U.S.
Downey & Associates PC represents clients in Denver and in the surrounding Colorado communities including Englewood, Littleton, Aurora, Greenwood Village, Broomfield, Boulder, Westminster, Fort Collins, Colorado Springs, Adams County, Denver County, Arapahoe County, Douglas County, Jefferson County, Boulder County, Larimer County and El Paso County.
