Wrongful termination is an unfortunate reality that can disrupt lives and careers. In Denver, as well as the broader state of Colorado, there are specific laws designed to protect employees from unfair dismissal. Understanding what constitutes wrongful termination is essential for any employee who feels they were dismissed unfairly.
Legal Framework for Wrongful Termination in Denver
In Colorado, most employment relationships are “at-will.” This means that employers can terminate employees for nearly any reason—or no reason at all—without facing legal repercussions. However, this does not give employers unrestricted power. There are critical exceptions to the at-will doctrine that make certain types of terminations unlawful.
Wrongful termination occurs when an employer violates state or federal laws, breaches an employment contract, or dismisses an employee for reasons that go against public policy. For instance, firing someone because of their race, gender, age, religion, disability, or other protected characteristic is strictly illegal. Additionally, employees are shielded from retaliation if they report misconduct or exercise their legal rights, such as taking family leave or requesting accommodations for a disability.
Federal laws like the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) set a baseline for employee protections. Colorado also has its own employment laws that expand on these protections, ensuring that workers in Denver and throughout the state have avenues for recourse if they are wrongfully dismissed.
Common Examples of Wrongful Termination
To better understand what wrongful termination looks like, let’s examine some real-world scenarios where an employee’s dismissal might be deemed unlawful:
Discrimination: Employers cannot terminate employees based on characteristics protected by law, such as race, sex, age, or religion. For example, dismissing an older worker in favor of a younger, less experienced candidate could be seen as age discrimination.
Retaliation: If an employee reports unsafe working conditions, files a harassment claim, or acts as a whistleblower to expose illegal activities, their employer cannot retaliate by firing them. Retaliatory termination is a common basis for wrongful dismissal claims.
Violation of Protected Leave: Employees who take leave under the FMLA or require accommodations under the ADA are protected by law. Terminating an employee for utilizing these rights is prohibited.
Breach of Contract: If an employer dismisses an employee in violation of the terms outlined in an employment contract, the termination may be deemed unlawful. Contracts that specify conditions for termination must be adhered to.
Public Policy Violations: Employees cannot be fired for refusing to engage in illegal activities or for exercising a right recognized by public policy, such as serving on a jury or voting.
How Denver’s Employment Laws Define Wrongful Termination
Denver residents benefit from both federal and state protections against wrongful termination. In addition to federal laws, Colorado has specific statutes addressing issues such as wage theft, workplace safety, and whistleblower protections. For example, the Colorado Anti-Discrimination Act (CADA) provides robust safeguards against workplace discrimination.
In some cases, local laws offer even greater protections than federal statutes. For instance, Colorado’s Equal Pay for Equal Work Act requires transparency in pay practices, and violations may lead to termination disputes if an employee is dismissed after raising concerns about wage discrimination. Understanding these laws is critical for employees who feel they were unfairly treated.
Employers in Denver are expected to follow not only federal guidelines but also the nuanced requirements of Colorado employment law. Ignorance of these rules is not an excuse, and employees who suspect their rights were violated should not hesitate to take appropriate action.
Steps to Take If You Suspect Wrongful Termination
If you believe your dismissal falls into one of the categories described above, there are several steps you can take to protect yourself and seek justice:
Review Your Employment Contract: If you had a formal employment agreement, carefully examine its terms. Contracts often outline specific reasons for termination and procedures that must be followed.
Document Everything: Gather evidence related to your termination, including emails, performance reviews, and any communications with your employer. Detailed documentation can strengthen your claim.
Consult a Legal Professional: Employment attorneys specialize in wrongful termination cases and can provide critical guidance. They will assess the facts of your case and help you understand your options.
File a Complaint: Depending on the circumstances, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC), the Colorado Civil Rights Division (CCRD), or another relevant agency.
Seek Compensation: If your case is successful, you may be entitled to compensation for lost wages, emotional distress, and other damages. Your attorney can help you pursue the appropriate remedies.
Acting quickly is essential, as there are strict deadlines for filing complaints and taking legal action. Delays could impact your ability to pursue your claim.
Why Wrongful Termination Protections Matter
The legal protections against wrongful termination are crucial for maintaining fair and ethical workplace practices. Employees who feel secure in their rights are more likely to report misconduct, stand up against discrimination, and advocate for better working conditions. These laws also hold employers accountable, ensuring that businesses treat their workers with respect and integrity.
Denver’s employment laws aim to create a balance of power in the workplace, preventing employers from exploiting their authority. By protecting employees from wrongful termination, these laws contribute to a healthier and more equitable work environment for everyone.
How an Employment Attorney Can Help
While understanding your rights is the first step, navigating the complexities of employment law can be overwhelming. This is where an experienced attorney can make all the difference. An employment lawyer can evaluate your case, explain your options, and represent your interests in legal proceedings.
For instance, if your employer claims your dismissal was performance-related, an attorney can help you gather evidence to prove otherwise. They can also negotiate on your behalf to secure a fair settlement, ensuring you receive the compensation you deserve.
Contact Downey & Associates Today if You’ve Been Wrongfully Terminated
If you suspect your termination was unlawful, don’t wait to take action. Every day that passes could make it harder to build your case or recover damages. Start by reaching out to a trusted legal professional who can help you understand your rights and guide you through the process of seeking justice.Our employment law attorneys specialize in helping employees with wrongful termination claims. If you have questions or believe your rights were violated, contact us today. We are committed to providing the personalized support and expert guidance you need to protect your interests.
If you’ve been injured in a car accident in Denver, one of the most pressing questions you may have is how long you have to file a claim This is a critical question because the timeline for filing a personal injury claim in Colorado is governed by specific laws, and missing this window can have severe consequences. In this blog, we’ll explore the statute of limitations for car accident claims in Denver, the importance of acting quickly, and what steps you should take if you're nearing the deadline.
Understanding Colorado’s Statute of Limitations
The statute of limitations is the legal time limit within which you must file a lawsuit after being injured in a car accident. In Colorado, the statute of limitations for filing a personal injury claim related to a car accident is generally three years from the date of the accident. This means that from the moment the accident occurs, the clock starts ticking, and you have exactly three years to bring a lawsuit against the party responsible for your injuries.
This three-year period might seem like ample time, but it can pass quickly, especially when you’re dealing with the physical, emotional, and financial repercussions of a serious car accident. It’s crucial to be aware that if you do not file your claim within this three-year window, you may lose your right to pursue compensation. Once the statute of limitations has expired, the courts typically will not allow you to file a lawsuit, regardless of how strong your case might be.
However, there are certain exceptions to this rule. For example, if the accident involved a government vehicle or if the injured party was a minor at the time of the accident, the filing period may differ. In cases involving government entities, you may have only 180 days to file a notice of claim, which is a much shorter timeframe. Additionally, if a minor is injured in an accident, the statute of limitations might be extended until they reach the age of 18. Given the complexities of these exceptions, it’s essential to consult with a knowledgeable attorney who can help you determine the exact deadlines that apply to your case.
Why Acting Quickly Is Critical to Your Case
While the law allows up to three years to file a claim, waiting too long can harm your case in several ways. The more time that passes, the harder it becomes to gather the necessary evidence to support your claim. Physical evidence from the accident scene, such as skid marks or vehicle damage, can deteriorate or disappear over time. Witnesses to the accident may also become harder to locate, and their memories of the event can fade, making their testimony less reliable.
Additionally, medical documentation is crucial in personal injury cases. If you delay seeking medical treatment or fail to follow up with healthcare providers, it can be challenging to prove that your injuries were directly caused by the accident. Insurance companies often scrutinize the timeline of when you sought treatment, and any gaps can be used to argue that your injuries were not severe or were caused by something other than the accident.
Early action also ensures that your attorney has sufficient time to thoroughly investigate the accident, consult with experts, and build a strong case on your behalf. The process of filing a claim involves collecting a substantial amount of documentation, including police reports, medical records, witness statements, and more. The sooner you begin this process, the better prepared you will be to face any challenges that may arise.
How to Protect Your Rights and Strengthen Your Claim
If you’ve been involved in a car accident in Denver, there are several steps you can take to protect your rights and strengthen your personal injury claim. First and foremost, seek medical attention immediately, even if you don’t think your injuries are severe. Some injuries, such as whiplash or internal injuries, may not be immediately apparent but can have serious long-term consequences. Getting a thorough medical evaluation not only ensures your health and well-being but also provides important documentation that can support your claim.
Next, it’s important to document everything related to the accident. This includes taking photographs of the accident scene, your injuries, and any damage to your vehicle. If possible, collect contact information from any witnesses and make sure to obtain a copy of the police report. Keeping detailed records of your medical treatment, including all doctor visits, medications, and therapies, is also essential.
It’s also advisable to keep a personal journal of how your injuries are affecting your daily life. Document your pain levels, any limitations on your activities, and the emotional impact of the accident. This information can be invaluable when it comes to negotiating with insurance companies or presenting your case in court.
What to Do If You’re Approaching the Deadline
If you find yourself nearing the three-year deadline to file a claim, it’s imperative to take immediate action. The process of preparing a lawsuit takes time, and the closer you get to the deadline, the less time your attorney has to gather evidence, interview witnesses, and prepare your case. Filing a lawsuit at the last minute can also leave you vulnerable to mistakes or oversights that could weaken your claim.
When you reach out to an attorney, they will begin by conducting a thorough evaluation of your case. This includes reviewing all available evidence, assessing the extent of your injuries, and determining the potential value of your claim. Your attorney will also advise you on whether any exceptions to the statute of limitations apply to your situation, which could extend the filing deadline.
In some cases, your attorney may be able to negotiate a settlement with the at-fault party’s insurance company without going to court. However, if a fair settlement cannot be reached, filing a lawsuit may be necessary to secure the compensation you deserve. An experienced attorney will be able to guide you through each step of the legal process and advocate for your best interests.
Don’t wait until it’s too late to take action. If you’ve been injured in a car accident in Denver, our personal injury attorneys are here to help you understand your rights and pursue the compensation you deserve. We encourage you to reach out to us today to discuss your case and explore your legal options. Let us help you secure the justice and financial recovery you need to move forward.
In business, agreements often start with a handshake or a conversation. Many businesses operate on the principle of trust and verbal commitments. However, this leaves a crucial question: are these verbal agreements legally binding? At Downey Law PC, we provide guidance on both verbal and written agreements, helping our clients understand the legal standing of such commitments.
This blog delves into the nuances of verbal agreements in business transactions, highlighting when they are legally enforceable and the complexities involved in proving such agreements in a court of law.
Understanding Legally Binding Verbal Agreements
Verbal agreements, like their written counterparts, can be legally binding if they satisfy certain legal criteria. For an oral contract to be enforceable, it must include an offer, acceptance of the offer, a mutual intention to establish an agreement, and an exchange of value, known as consideration.
The primary challenge with verbal contracts is not their legality but proving their terms and existence. In the absence of written documentation, the specifics of the agreement can be challenging to verify, which can lead to potential disputes. To mitigate such issues, our team of business transactions attorneys strongly advises documenting significant agreements in writing.
Limitations of Verbal Contracts
Despite their potential validity, verbal agreements have limitations under the law. Certain types of transactions are required by the Statute of Frauds to be documented in writing to be legally enforceable. These include agreements related to the sale of real estate, contracts that are expected to last more than one year, and promises to pay someone else's debts, among others.
Additionally, verbal agreements may fall short in legal settings if they lack clear, agreed-upon terms, or if one party cannot provide evidence of the other party’s consent to those terms. Such conditions highlight the importance of having a written contract that can decisively prove the intentions and agreements between parties.
Challenges in Proving a Verbal Agreement
Proving the existence and specifics of a verbal agreement in court is often complex. However, certain types of evidence can support the credibility of a claimed agreement. These include emails, text messages, witness testimonies, and behavior from both parties that indicates a mutual understanding was in place.
Documentation like this can significantly bolster a case, yet the inherently ambiguous nature of verbal agreements often leads to uncertain legal outcomes. The credibility of the witnesses and the consistency of the stories shared by the parties involved play a critical role in court decisions.
Best Practices for Secure Business Transactions
While verbal agreements may suffice for informal or low-stakes agreements, formalizing significant business agreements in writing is prudent. Written contracts provide a clear framework and record of the agreed terms and can substantially ease the enforcement and resolution of disputes. They serve as reliable evidence should disagreements arise, facilitating a smoother legal review and decision-making process.
Moreover, drafting a contract with professional legal assistance ensures that all essential terms are clearly defined and legally sound. This not only enhances the enforceability of the contract but also minimizes the risk of future disputes.
Seek Professional Legal Guidance
If you're involved in business transactions, whether frequently entering into contracts or occasionally dealing with agreements, professional legal counsel is indispensable. Dealing with contracts without a solid understanding of the legal implications can expose your business to significant risks.
Whether you need help drafting a contract, understanding the legalities of verbal agreements, or resolving a dispute arising from a breach of contract, our experienced team is ready to assist. If you're considering entering into a business agreement or need help with an existing verbal contract, reach out to us today. Our team is committed to ensuring that your business transactions are protected and effective.
For decades, it seems the Denver skyline has remain unchanged, until recently that is. With a torrent of people flocking to live in the Mile High City, Denver has seen an unprecedented building boom for residential and now high-rise commercial space. There have a been a handful of new additions to the Denver skyline, but none as significant as the 1,000-ft. tall, 90 story, $400 million skyscraper planned for 650 17th Street, which is also the building’s proposed name. If approved Six Fifty 17 will become the most visible crown jewel of Denver’s downtown skyline.
“Transforming a skyline — especially in a city with as much history and progressive spirit as Denver — takes powerful collaboration between global and local talent. I can confidently say that GRC has accomplished this with 650 17th Street,” said Mike Ursini, managing director of Greenwich Realty Capital (GRC), which is a New York-based real-estate developer.1
Plans and Details about Six Fifty 17
Will Six Fifty 17 Be Denver’s Newest Mixed-Use Crown Jewel? | Denver Property Tax Appeal Attorney
The following details and plans about Six Fifty 17 were gathered from news reports and the building’s website at sixfifty17.com:
GRC has been working with renowned Uruguayan architect Carlos Ott (known for designing Opera De La Bastille in Paris), of the New York firm Crown Architecture, to design the modern, mixed-use space tower.
At 1,000 feet tall, Six Fifty 17 would be the 19th tallest skyscraper in the U.S., and rise 286 feet taller than the Republic Plaza Building, which is currently Denver’s tallest building.
The tower would comprise 1,000,000 square feet of space for office and residential use.
Other amenities would include 248 luxury condos, a boutique hotel, 22,000 square feet of retail space, and accommodate over 500 parking spaces.
Condominium residents will enjoy sweeping views of the Front Range and the mountains, multiple terraces and pools, a spa with sauna and steam rooms, and a state-of-the-art fitness center.
The building will also feature a half-court basketball court, bowling alley, and a game room with billiards, foosball, and shuffleboard. There’s even a children’s playroom with a climbing wall.
Other amenities include day care, pet grooming, bicycle storage, in-house concierge, art consultation, and butler service.
The Six Fifty 17 project team hopes to break ground sometime in the summer of 2018.
Red Tape and Legal Hurdles Facing Six Fifty 17
The following are some of the municipal hurdles that Six Fifty must pass before it can become reality:
GRC has already submitted a preliminary project application, but no formal site plan has been submitted.
Denver’s Community Planning and Development Board has acknowledged that they have been in contact with the Six Fifty 17 project team, but has not received the tower’s plan for review, yet.
Although the plan hasn’t been approved by the city yet, the 25,000-square-foot site is currently occupied by a parking lot owned by Paradise Land Co., which has confirmed that the property is currently under contract to be sold to GRC.
Contact a Denver Real Estate Lawyer at Downey & Associates, PC
The last thing a developer wants to happen with a large construction project of this magnitude, is to have it scrutinized by planning boards and possibly even not approved for some type of unforeseen zoning or building code violation. The Denver Real Estate Lawyer at Downey & Associates, PC. has the experience to oversee many of the legal and transaction hurdles facing large development projects of this size and scope. Our Denver real estate lawyer can also oversee:
Acquisitions and purchase agreements
Sales, sale agreements and closing issues
Contract disputes and leases
Property management
Property valuation
Title assessments and title defects
Easements and more
To schedule a free, no-obligation initial consultation, call 303-647-9399, or contact us via email using the online message form available on this page.
1“Massive Proposed Skyscraper Would Change Denver Skyline” published in Our Community Now, Oct. 2017.
To answer that questions, one only needs to look at real-life examples of the business world. Right here in Denver parent company of the Denver Post, MediaNews Group, put its neck out there and voiced its outright opposition to Randstad North America Inc.’s $429 million purchase of Monster Worldwide Inc.
MediaNews’s Senior Vice President Joe Anto wrote a letter to Monster stating that Randstad’s $429 million offer for the company was too low. MediaNews owns approximately 11.6 percent of Monster’s stock. Additionally, Anto claimed Randstad’s “$3.40 per share deal would represent the textbook definition of selling at the bottom.”
Additional Transaction Details and Allegations of the Monster Acquisition
The following transaction details and allegations of the acquisition of Monster by Randstad were collected from media reports:1
MediaNews claimed Monster’s share price could go as high as $8 per share within 18 months following the sale.
“(Monster’s shares) woefully underperformed versus its peers and the market over any relevant period of time,” Anto stated in a letter to Monster’s board.
As a result of the undervalued purchase and to reduce expenses, MediaNews reported that Monster could cut anywhere from 1,600 to 3,700 jobs to try and recoup $136 million.
The letter to the board members also claims that Monster has too many layer of management and support, as well as too large of a sales force.
Anto alleged that Monster is in too many money-losing international operations
When is it Appropriate to Sue a Board of Directors?
Obviously, board of directors of any company wield quite a bit of authority over the company operations, and they are beholden to shareholders. Shareholders represent partial ownership stake in those companies, and when the board of directors makes poor business decisions the shareholders have every right to display their disdain and possibly even take legal action to correct any infraction.
Here is a list of fiduciary duties that boards of directors are typically subject to:
Board of directors have a duty of care they must exemplify when managing company or corporate affairs and assets.
Board of directors have a duty of loyalty to avert undisclosed conflict of interest.
Individual board members cannot undertake actions for self-profit on behalf of the company.
Board of directors should also never take advantage of business opportunities as a result of their relationship to the company/corporation.
Has your board of directors taken an action that either profited its members or unknowingly hurt the bottom line of your company or corporation? If so, you can count on a Denver Business Attorneywith Downey & Associates, PC. Since 1983, Thomas Downey and the legal team at Downey & Associates, PC, have been exhibited exceptional legal representation for their clients in all manner of business-related matters, including contract negotiations, workplace accidents, and corporate conflicts.
For a free, no-hassle consultation about our legal services, please call our Denver business attorney today at (303) 647-9399 or by emailing us using the contact form on this page.
From our law offices in Englewood, we serve clients throughout Colorado and the U.S.
1“Denver Post parent company vehemently opposes Randstad’s purchase of Monster” published in Denver Business Journal, Sept. 2016.
Everyone knows there’s big money in black gold (oil) and companies’ eager to get at this natural resource don’t take too kindly to the roadblocks they hit along the way. In this particular case (State of Wyoming et al v. Jewell et al [No. 16-8068]), a federal judge in Wyoming is getting a little bit of push back from the federal government as well as some legal professors about one of his controversial rulings blocking federal rules surrounding hydraulic fracturing on government ground.
The Bureau of Land Management (BLM) disclosed rules in 2015 that mandated that drilling companies disclose the materials they inject into the ground to free up oil and gas. The rules were put together as a result of public concern that fracking could pollute or contaminate underground water.
Details and Claims Concerning the Wyoming Federal Judge’s Controversial Ruling
The following details and claims were gathered from local news reports:1
U.S. District Judge Scott Skavdahl of Casper made a ruling in June that BLM doesn’t have the authority to regulate fracking.
The BLM claims it was acting in the public’s best interest.
Obama’s administration filed a brief with the 10th U.S. Circuit Court of Appeals in Denver arguing that the BLM has the rightful authority to regulate fracking.
In Judge Skavdahl’s ruling he referenced Florida State University law professor Hannah Wiseman’s article supporting his conclusion that Congress stopped federal regulation fracking in 2005.
Nearly 40 law professors, including Wiseman, say they disagree with Judge Skavdahl’s interpretation of the article.
Petroleum Association of Wyoming Vice President John Tobitaille issued a statement saying the state already regulates the oil and gas producers
What is Next for Wyoming’s Fracking Regulation Ruling?
Many legal pundits thought that since Obama personally filed a brief, along with that of a large number of reputable law professors, that it would have ensured an overturning of the ruling. However, new developments could redirect the ruling, including:2
Several former U.S. Department of the Interior officials -- both Republicans and Democrats -- have told the 10th Circuit that it should decide whether the BLM was within it's jurisdiction to issue a rule imposing restrictions on fracking on tribal and federal lands.
In May, the BLM asked the 10th Circuit Court to hold in abeyance litigation concerning the fracking rule matter, while also defending right to announce its own regulation.
Lastly, if the court holds the matter in abeyance, the BLM plans to rewrite Obama regulations to better adhere to the Trump administration's policies. Some legal experts believe rewriting the regulations will lead to limiting the BLM's authority to regulate oil and gas practices.
Has your corporation or industry been hindered by a wrongful court ruling? If so, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and his legal team at Downey & Associates, PC, have aggressively sought justice for all kinds of business-related matters, including contract negotiations, workplace accidents, and corporate conflicts.
Our Denver business attorney is experience handling complex corporate matters and un-judicious court rulings. We are up to the challenge of filing court appeals and fighting out long-drawn courtroom battles to achieve the best possible outcomes for our clients.
Why wait, call our Denver business attorney today to find out how we can assist you at (303) 813-1111 or by emailing him using the contact form on this page.
From our law offices in Englewood, we service clients in Colorado as well as throughout the U.S.
1“Feds, law professors say judge wrong to block fracking rules” published in The Denver Post, August 2016.
2"Former DOI Honchos Urge 10th Circ. To Hear Frack Rule Case" published in 360 Law, June 2017.
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.
The family of the late reggae superstar Bob Marley recently won $2.4 million in a trademark infringement lawsuit over the coffee brand carrying the family’s name. At issue, says parent company Jammin Java, is the fact that the family decided to nullify its contractual obligation with the coffee brewing company founded in 2007 by former chairman Rohan Marley, one of Bob Marley’s 11 children. Jammin Java counter sued for breach of contract.
“The viability of Jammin Java’s entire business is wholly dependent on its right to utilize the Marley Coffee brand name and other intellectual property owned by (the Marley family),” read the filing by Jammin Java president Anh Tran.
Marley Coffee Lawsuit Case Details and Allegations
Bob Marley Family Wins $2.4M Trademark Infringement Lawsuit | Denver Business Attorney
The following Marley Coffee lawsuit case details and allegations were gathered from news reports, press releases and court documents:1
Jammin Java President Ahn Tran was relatively close to making his departure from the Marley Coffee enterprise in 2016, as he nearly negotiated a $10 million equity stake agreement with a potential successor, but then out of nowhere the Marley estate terminated their licensing agreement.
Tran claimed Rohan Marley was missing in action most of the year, while still selling nearly 900,000 shares of the company before resigning in June.
On July 21, 2016, Hope Road Merchandising LLC (HRM), the Marley family’s private company that owns the property rights for Bob Marley merchandise, issued Jammin Java a cease and desist order, and notification of termination of a short-term license agreement surrounding the trademarked use of Markley Coffee.
Fifty-Six Hope Road Music Limited (56 HMR), another Marley family company, and HRM sued Jammin Java for failure to pay royalties on a long-term license, and then continued to the Marley trademark name even after a separate, short-term license ended.
The family companies also claimed Jammin Java materially breached the short-term deal by failing to market and advertise Marley Coffee, as well as failing to improperly sublicensing the family trademark rights.
Jammin Java alleged that 56 HMR wrongly terminated the earlier long-time licensing agreement to use the family name for the coffee brand.
Both parties agreed to enter into discussions about coming up with a forbearance agreement.
On August 1, 2016, 56 HMR and HRM field a complaint against Jammin Java in Superior Court in California.
On August 4, 2016, Jammin Java ordered a restraining order, made counter claims to the complaint, and sent the case to the U.S. District Court for the Central District of California.
Main Factor in the Court's Decision
U.S. District Court judge Stephen V. Wilson declared that that since Jammin Java did not to show any costs associated with the trademark, the damages award is the full gross revenue made from the Marley Coffee products.
Has your company or group of investors experienced a breach of contract over a business dealing? If so, Denver Business Attorney Thomas E. Downey can help you get the matter worked out for the best possible outcome. Since 1983, Thomas Downey and the legal team at Downey & Associates, PC, have been providing legal representation to clients for all kinds of business-related matters, including contract negotiations and mediations.
Call our Denver business attorney today to see how we can provide you with legal assistance at (303) 813-1111 or by emailing us using the contact form on this page.
Our law offices in Englewood, but we also service clients throughout state and the U.S.
1“Jammin Java Corp. Issues Shareholder Letter Regarding State of the Business and Providing a Litigation Update” published in the Global News Wire, August 2016.
2"Hollywood Docket: Bob Marley Coffee, Kardashian Beauty and Spotify's Settlement" published in The Hollywood Reporter, June 2017.
If you are a die-hard Denver Broncos fan, this one will be music to your ears. It seems a bankruptcy judge has granted a request from Sports Authority to transfer the naming rights of Mile High Stadium back over to the Denver NFL football team. Sports Authority Holdings, Inc. failed to make its last contract payment and then made the name grant request.
The Broncos were in a position to pay out $19.9 million to buy out the last five remaining years of the contract, which the judge would have had to sign off on.1 However, after Sports Authority defaulted on their contractual payment court records show that Sports Authority made the name transfer request in Delaware, which is where it filed for bankruptcy protection back in March of 2016.
What Will Happen to the Stadium Name Going Forward?
Obviously, most Denver Broncos fans would like the team and the Metropolitan Football Stadium District to keep the name “Mile High Stadium” as part of the namesake. Some Broncos fans have even proposed naming the stadium after its long-time, ailing owner, Pat Bowlen.
The Broncos plan to keep the Sports Authority name in place until they can work out a long-term deal with another sponsor to help generate stadium revenue. The stadium’s manager, the Metropolitan Football Stadium District, has indicated that they need a long-term, sponsored naming contract in place to help with facility improvements. The Broncos sold the naming rights to Invesco in 2001 for $120 million. Sports Authority acquired the naming rights in 2011, when it inked a 25-year contract deal for $6 million per year. Apex Marketing Group Inc., a St. Clair, Michigan-based sports marketing firm, puts the estimated value of Mile High’s naming rights at a little more than $15 million per year.2
Mile High Naming Rights Controversy
"What’s the big deal about naming or branding a stadium?" you may ask. Well, to the fans of their beloved Denver Broncos, who enjoy one of the most successful NFL franchises in the history of football, it's a very big deal. The original stadium name of Mile High is derived after the city itself, which also has the nickname of the “Mile High City,” and there's even has a plaque on the steps of the State Capitol building to prove it.
So, when the Broncos sold the naming rights to the newly constructed stadium many fans were less than pleased. In fact, the Denver Post and its columnists refused to utter the name “Invesco” in its news copy when referring to Mile High Stadium, and instead referred to it as its old name. It took several years before the Denver Post changed its policy and began referring to the stadium as Invesco Field at Mile High.
Here are some of the stadium’s previous names:
Bears Stadium (Previous stadium, 1948-1968)
Mile High Stadium (Previous stadium, 1968-2001)
Invesco Field at Mile High (New stadium, 2001-2011)
Sports Authority Field at Mile High (New stadium, 2011-2016)
Is your business in a contentious contract, sponsorship, or naming dispute? If so, call on the legal expertise of Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and his team of legal professional at Downey & Associates, PC have been providing legal representation to clients for all kinds of business-related matters.
Our Denver business attorney and legal team have extensive experience handling complex matters of corporate and real estate law. Our clients can also trust that we will aggressively protect their rights and help them achieve the best possible outcomes in their sensitive legal matters.
Call our Denver business attorney today at (303) 813-1111 or by emailing us using the contact form on this page. From our law offices in Englewood, we serve clients throughout Colorado and the U.S.
1“It's official: Broncos intercept naming rights at Sports Authority Field” published in Denver Business Journal, August 2016.
2“Stadium district in waiting game over disposition of Sports Authority’s Mile High Stadium naming rights” published in the Denver Post, June 2016.
Acquiring real estate is a lot like dating, and then getting married. You get the opportunity to check the place out and see if you like it, then you seal the deal. But, just like getting married, many investors tend to find out about some skeletons in the closet that can turn out to make your life difficult.
We’ve all heard stories about some of these ghosts and goblins hiding in the most unsuspecting places. For instance, one investor acquaintance of mine picked up a lot that was prime for development in the perfect location of a town, but the only problem was there was an old fuel tank buried underground on the back of the property. The cost to evaluate the environmental impact, and then remove the tank made the investment look pretty terrible, actually.
Mistakes to Avoid When Inking Commercial Real Estate Deals
In this blog, we’ll look at five of the most common mistakes made when making a real estate deal:
Environmental Clause – Inexperienced real estate developers tend to care only about the asking price and location of a parcel, and sometimes unfortunately leave environmental impact considerations off the table. If you don’t include an environmental impact clause in the contract, then you’ll have to settle for any unforeseen pitfalls. By not negotiating environmental terms and conditions, you might be waiving your right to any unforeseen consequences. By establishing environmental terms and conditions, you may be able to avoid any responsibility or liability for any unforeseen dangers hidden in a structure or buried beneath the ground. The seller and the buyer should both take an active role in getting an environmental assessment on the property done, and assign known and unknown environmental liabilities. Taking a proactive approach to environmental terms and conditions, will help the buyer from taking over another party’s miserable debacle.
No Environmental Assessment – Not getting a Phase I Environmental Site Assessment would obviously be another rookie mistake. A properly conducted Phase I ESA will help uncover any land uses of the property from the very beginning of recorded history to present. The Phase I ESA will also unveil any past environmental disasters or investigations on the property.
Failing to Retain a Reputable Environmental Consultant – Hiring a competent and professional environmental consultant is imperative in terms of doing environmental quality due diligence. Be sure you check out the reviews and qualifications of the consultant. Spending the right amount of money up front will ensure that you don’t have any unforeseen environmental liabilities later on. You can always hire a cheap consultant, but you get what you pay for.
Short-Changing Yourself on Due Diligence – If you rush the environmental due diligence portion of the buying process, then you might miss something in the process and make some hastily made decisions that will come back to bite you in the end. This will include everything from hiring a qualified consultant, conducting a Phase I ESA, pulling permits, getting city and/or county building approval, assessing any environmental liability, and a Phase II EAS for high-risk land use. On average, due diligence will take anywhere from 60 to 90 days. If the seller demands a quicker due diligence period, then that should raise a red flag and you might have to walk away, because the consequences may be more expensive than you imagined.
Poorly Arranged Framework for Post-Closing Obligations – The post-closing obligations should be handled properly before the closing date. Oversimplifying responsibilities and guarantees can very easily lead to unexpected fees, costs, and delays. Special attention should be paid to access, fees and costs, confidentiality, scheduling clean up, filing Record of Site Condition, indemnities, releases, and contingencies.
Real estate transactions and property disputes involve risks, which is why you need Denver Business Attorney Thomas E. Downey, who is trusted, knowledgeable, and experienced. Since 1983, Thomas Downey and the legal team at Downey & Associates, PC, have been providing attentive and knowledgeable legal counsel on how to handle your real estate matters.
Working with our team, located in Englewood, you’ll save money, time, and worry. Our aggressive professional advocacy team handles the following types of services: business and commercial disputes, antitrust litigation, real estate matters, personal injury (both plaintiff and defense), product liability, property tax, employment law, and OSHA/MSHA conflicts.
To schedule a free, no-obligation consultation, call (303) 813-1111 or by emailing us using the contact form on this page.
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.
