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Associate Attorney
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Damien concentrates his practice in civil litigation with an emphasis on real estate, brokerage, and employment law.

In real estate, Damien’s experience includes landlord & tenant litigation, easement and property line disputes, neighbor disputes, HOA litigation, construction defect cases, actions to quiet title, and many other types of cases involving real property. He also defends real estate brokers and brokerages before the Colorado Real Estate Commission and in connection with their efforts to buy, sell, and manage real estate. Damien also has substantial experience in residential and commercial real estate transactions.

In construction-defect litigation, Damien has substantial experience representing general contractors and subs, as well as owners, architects and materialmen. His experience includes comparatively smaller cases involving condos and townhomes, as well as larger cases involving single family homes, multifamily and commercial properties.

In his employment law practice, Damien helps both employers and employees navigate the murky waters of the modern workplace. Damien is experienced in the successful litigation of multi-plaintiff and individual-plaintiff discrimination and harassment lawsuits, wage-and-hour disputes, and various other employment-related lawsuits under state and federal law. Damien also counsels both management and individuals regarding their workplace-related rights under state and federal law and he assists in the review and negotiation of employment and independent contractor agreements.

Damien also has extensive experience counseling clients on wide a range of commercial disputes involving individuals, partnerships, corporations and other business entities. In this role, Damien is often consulted regarding claims for breach of contract/fiduciary duty, business torts, partnership disputes, trade secret litigation and other disputes involving failed business transactions resulting in financial loss.

  • J.D., University of California, Hastings College of Law, 2007
    • Law Review, 2005-2007
  • B.A., University of Colorado, Boulder, Anthropology, 2002
  • Colorado Bar Association
  • Colorado
  • California
  • U.S. District Court for the District of Colorado
  • Tenth Circuit Court of Appeals

Google Review By Diane Marihew: ★ ★ ★ ★ ★ We hired Damien Zumbrennen and we are very thankful we did. Damien is professional, knowledgeable and compassionate. He helped us through a very stressful situation. I highly recommend Damien!


New Law for the Promotion of Equal Pay

In an effort to bolster the state’s pay-equity regulations, the Colorado legislature passed Senate Bill 19-085, entitled the “Equal Pay for Equal Work Act.” The Act, which takes effect on January 1, 2021, will impose a host of new regulations upon employers and make it easier for aggrieved employees to access the courts.

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Who is a “foreign person” under FIRPTA?

The sale of an interest in real property within the United States by a “foreign person” is subject to tax liability under Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. Generally, any buyer of real property from

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Wrongful Termination and At-Will Employment in Colorado

The Correct meaning of “At-Will Employment” and “Wrongful Discharge” In Colorado, the “at will” employment doctrine means that – as a general rule – an employer may terminate a worker’s employment for any reason or no reason at all without facing any liability to the employee.  While this may seem harsh, the at will employment

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RESPA “101” for Real Estate Brokers

The Real Estate Settlement Procedures Act (“RESPA”) is a series of federal consumer-protection statutes that impose rules upon all of the professions involved in an activity relating to a real estate settlement involving a federally related mortgage loan.  The State of Colorado has adopted laws and regulations governing real estate brokers that impose similar rules.

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Noncompete Agreements and the Inevitable Disclosure Doctrine

The Use of the Inevitable Disclosure Doctrine to “Backdoor” a Noncompete Agreement in Colorado. Noncompete agreements in Colorado are generally disfavored.  In fact, pursuant to statute, noncompete agreements are only supposed to be enforceable in a few limited circumstances. Specifically, noncompete agreements are supposed to be void ab initio (a fancy way of saying void

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Service Animals in the Workplace

Service Animals in the Workplace: Considerations under the Americans with Disabilities Act and Colorado law. The federal Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability.  Colorado has promulgated analogous state laws.  One way that these laws provide assistance to persons with disabilities is by

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Real Estate Brokers & Referral Fees under RESPA

Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder.  However, the business of real estate is subject to various restrictions that limit industry-participants’

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Documentation of Employee Discipline

Boring but True: Four Rules on the Documentation of Employee Discipline Few things are less flashy than the process of creating a detailed personnel file including reports on disciplinary action taken against an employee.  This is especially true when the documents and reports sometimes disappear forever into a filing cabinet or drawer, never to be

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Can an Employee be Fired for Using Marijuana?

On November 6, 2012, Colorado voters approved Amendment 64, which made it legal under state law for those over age 21 to possess, use, manufacture, and commercially sell marijuana.  Amendment 64 was codified in Article XVIII, Section 16 of the state constitution.  However, marijuana remains illegal as a “schedule 1” controlled substance under the federal

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Damien Zumbrennen is an attorney with Frascona, Joiner, Goodman and Greenstein, P.C. His practice areas include Real EstateEmployment LawLitigation, and Construction DefectContact Damien Zumbrennen.

Disclaimer — Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.

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