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Damien

T. DAMIEN ZUMBRENNEN

Associate Attorney
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Damien concentrates his practice on real estate, municipal law, employment and construction defect litigation.

As a real estate lawyer, Damien helps his clients resolve a broad scope of disputes involving real property. His experience includes landlord/tenant litigation, easement and property line disputes, neighbor disputes, HOA litigation, actions to quiet title, and many other types of cases involving real property. He also defends real estate brokerages and brokers in connection with their efforts to buy, sell and manage real estate.

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.

As an employment law specialist, Damien represents clients in state and federal court as well as mediation and arbitration. Damien is highly experienced in the successful litigation of multi-plaintiff and individual-plaintiff discrimination, harassment, whistleblower, retaliation, wage-and-hour and other employment related lawsuits under state and federal law. When representing employers, Damien coaches management to implement "best practices" that help prevent formalized disputes while also preparing for litigation or arbitration if such disputes cannot be avoided. 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 substantial experience counseling clients on 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.

  • Attorney. Frascona, Joiner, Goodman and Greenstein, P.C., August 2015 - Present.
  • Attorney. Hoffmann, Parker, Wilson & Carberry, Denver, Colorado, 2014 - 2015
    • Specialization in municipal law and litigation.
    • Handled all aspects of state court litigation involving diverse topics of law.
    • Lead counsel in municipal court trials.
    • Assistant general counsel for various municipalities and counties.
    • Provided counsel on diverse areas of the law including governmental, real estate, regulatory and contract law.
  • Attorney. Shortridge, Fitzke & Hultquist, P.C., Englewood, Colorado, 2012 - 2014
    • Specialization in real estate, commercial and employment litigation.
    • Accountable for all aspects of state and federal court litigation from initial consultations through appeals.
    • Researched and drafted litigation filings for all aspects of state and federal litigation.
    • Took and defended depositions, argued motions and made various appearances.
    • Represented clients in settlement conferences, mediations and administrative and regulatory investigations and proceedings.
  • Attorney. Karp Neu Hanlon, P.C., Glenwood Springs, Colorado, 2008 - 2012
    • Specialization in employment, construction defect and commercial litigation.
    • Experience as lead counsel in state district court, county court and municipal court trials.
    • Researched and drafted various federal and state court pleadings and papers.
    • Took and defended depositions, argued motions and made various appearances in court and administrative hearings.
  • J.D., University of California, Hastings College of Law, 2007
    • Projects Editor, HIC Law Review, 2005-2007
    • Concentration in Taxation.
  • 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

RECENT ARTICLES BY DAMIEN ZUMBRENNEN

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.