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January 2014 Archives

Colorado realtor files counter suit against Fannie Mae

A real estate broker in Denver has filed a counter claim in response to a lawsuit against her, which was levied by Fannie Mae. According to reports, a contract with the broker, who received assignments from the federally-sponsored company, was terminated, and the company filed the lawsuit to affirm that the termination was lawful. In her response and counter claim, the broker asserts that the termination of her contract occurred as a result of her attempt to notify Fannie Mae of a number of alleged ethics issues.


Recently, the EEOC settled its first systemic lawsuit alleging violations of the Genetic Information Nondiscrimination Act (hereinafter "GINA") against a nursing and rehabilitation care facility. The EEOC filed a class action lawsuit under GINA against Founders Pavilion, Inc., (hereinafter "Founders Pavilion") a one hundred twenty (120) bed skilled nursing and rehabilitation facility in Corning, New York. The lawsuit alleged that the facility violated GINA by conducting a post job offer, pre-employment medical exam that included questions about the applicant's family medical history and then required the employees to repeat this exam annually. While this case is not the first complaint the EEOC has received about alleged GINA violations, it is the first class action lawsuit filed by the agency concerning the law.

RTD sued by Denver International Airport for $53 million

The Denver International Airport has sued the Regional Transportation District for $53 million following a contract dispute. Although both entities have been working together on the South Terminal Redevelopment Program, there is a disagreement about who should pay for it. According to information revealed from the recent lawsuit, the disagreement was first brought to a mediator in May of 2012.

Protection of intellectual property at center of Apple litigation

Computer and electronic device manufacturers in Denver, Colorado, and elsewhere are keeping an eye on a federal courthouse on the West Coast. The courthouse is the site of a patent infringement claim by a Colorado company against Apple that could have far-reaching international business law implications. The focus of the litigation is the technology behind Apple's Siri feature on its iPhone and other devices. The lawsuit includes claims against manufacturers of products that employ the Siri and Google Voice Search features.

Independent Contractor or Employee?

When work is assigned to an individual who holds himself out as an independent contractor, issues regarding taxation of compensation, unemployment, and common law liability can arise. In such situations, the business must decide whether the individual will be treated as an employee or as an independent contractor. The substance of the relationship, not the title assigned to the worker nor the number of hours worked, governs the worker's status. Misclassifying an employee as an independent contract can lead to penalties, fines and back taxes.

Settlement in Martha Stewart Living dispute

Colorado consumers may have heard that Macy's has announced a settlement to its lawsuit against Martha Stewart Living Omnimedia. The companies said that the accord in the contract dispute would not materially affect their businesses, and that they looked forward to a continuation of their successful partnership. However, Macy's said that its related lawsuit against J.C. Penney was not affected by this settlement and would move forward.

Unemployment Taxes and Non-Profit Organizations

If an organization has employees, it is responsible for several federal, state, and local taxes. As an employer, the organization must withhold certain taxes from employees' pay checks. Employment taxes may include the following: Federal Income Tax Withholding ("FITW"); Social Security and Medicare taxes ("FICA") and Federal Unemployment Taxes ("FUTA").

New marijuana stores opening

Fresh businesses are opening in Denver, Colorado, with the start of the new year. The infant enterprises are retail stores for legally selling marijuana for recreational purposes to anyone over the age of 21. Colorado citizens voted in 2012 to legalize the recreational use of marijuana and, after more than a year of waiting for regulations to be adopted and put into place, the burgeoning industry is ready to take a step forward.