FGMC'S Latest News & Updates
JULY 2017
FGMC'S NEWS & UPDATES
NEW WORLD DISORDER
In January 1806, John Adams wrote a letter to Benjamin Rush labeling Alexander Hamilton the “bastard brat of a Scotch peddler.” Adams was so fond of this label, in fact, that he used it at least twice more in correspondence referencing Hamilton. Not to be outdone, John Quincy Adams referred to Thomas Jefferson as a “slur upon the moral government of the world.” Something about apples and trees there. Even across the Pond, Winston Churchill on Prime Minister Clement Attlee: “He is a modest man with much to be modest about.”  Benjamin Disraeli said of William Ewart Gladstone, “[i]f Gladstone fell into the Thames, that would be a misfortune, and if anybody pulled him out, that, I suppose, would be a calamity.” While our friends speaking the Queen’s English may be somewhat more refined, there truly is nothing new under the sun.

Anyone with a social media account today can witness our ability to insult at a breathtaking pace. Our 140 character world has even given us new acronyms like RINO, CTR, and BTFO. I will let Google educate you if you do not already know those expressions.  Each of us has our own little platform to announce to the world our views on any topic, including expressions of disagreement with those who do not share our beliefs. The sad truth is that it has become easier and easier to resort to shaming, insulting, and demonizing those we do not agree with on any topic. Just watch the posts in Denver when the Raiders are in town. Words like “snowflake” have made their way into mainstream sports and political discourse. Someone who has an opposing view or supports an opposing team is “stupid” or an “idiot” or even a “special kind of stupid.” We live in a world where we are told we are important and that our views should be expressed, and express them we do. History will judge what we may have sacrificed in the process.

In the meantime, employers have to deal with an ever more outspoken workforce. We have been extremely fortunate here at FGMC to co-exist as conservatives and liberals, Democrats and Republicans, religious and non-religious, without resorting to that level of communication. Fortunately, we have not been tested with an admitted Raider fan…yet. Not every employer is so lucky. The truth is, the level of insults, shaming and demonizing, whether aimed directly at a person or indirectly at a group of people, can and will affect employee morale, productivity, and, in some cases, safety.

What can an employer do to protect their company when it comes to this activity? What are other landmines that employers face on a daily basis that with a little guidance can be avoided? Sexual harassment, ADA compliance, FMLA, etc.  The exposure is significant and most small and medium sized businesses do not have the ability to hire in-house counsel to provide legal advice and direction.   

At FGMC, we focus on employment solutions for the small to mid-sized employer here in Colorado and would be delighted to help you! Being an employer in 2017 is much different than 1997, 2007 or even 2016. There are many traps an employer can find themselves in and it’s critical to know many of these dangers before you fall into them.  We encourage all business owners, small, medium and large to join us at our first FREE Employer’s Boot Camp where we will give you many pointers about how to avoid exposure and protect yourself and your business.  We will have two lunch sessions at our office - the first on Tuesday August 22nd and the second on Wednesday August 23rd from 11:30 am to 1 pm. Each session will be capped at 12 people.  We will even throw in the lunch!  Please RSVP to me (mgates@fostergraham.com) and reserve your space for either the 22nd or the 23rd today.  I look forward to meeting you and discussing your employment solutions.

We are here to serve you.

Warmly,
Partner

SERVICE · EXPERIENCE · RESULTS

IN THE JULY ISSUE
PRACTICE AREAS
LATEST NEWS
FGMC is a Proud Sponsor of the Tee Up for Down Syndrome Golf Tournament

The funds raised at this event help the Rocky Mountain Down Syndrome Association continue to offer quality programs and services to the self-advocates and families served by the RMDSA. FGMC has been a sponsor of this important organization for several years, and we are proud of the hard work of our Partner Lindsay Richardson who serves as a board member for the RMDSA.

FGMC UPDATES
FGMC would like to welcome Keirstin Beck, Steven Wienczkowski and Jason Spitalnick to the firm.
Keirstin Beck has practiced commercial real estate and land use law for almost two decades in Colorado. She has significant transactional experience assisting her clients in all types of development/redevelopment projects, leasing, partnership agreements, annexation, development and vested property rights agreements and financing.

Jason Spitalnick is an experienced business litigator. He has represented numerous clients in litigation and investigation matters in a variety of industries, including banking, investment, insurance, healthcare, and others. Jason has advised senior executives, boards of directors, and special litigation committees on civil litigation, government investigations, corporate governance, and transactional issues.


Steven Wienczkowski has extensive litigation experience with a primary focus in consumer litigation defense. He has experience managing all aspects of a litigation practice. He has extensive experience in hearings, depositions, brief writing, trials, class actions, and appeals. Mr. Wienczkowski also has experience handling all aspects of complex medical malpractice defense litigation as well as insurance defense. 

ENERGIZE DENVER
If you are a property owner of a commercial or multi-family building over 50,000 square feet, you recently received a notice from Denver Department of Health and the Environment (DHE) notifying you of your obligation to benchmark your building by June 1, 2017. If you are a property owner of a commercial or multi-family building over 25,000 square feet, you will be receiving a notice from Denver DHE next year notifying you of your obligation to benchmark your building by June 1, 2018. This is all art of a new program in Denver called Energize Denver.
 
DO-S AND DON'T-S OF A DUI STOP
Given the alarming rate at which traffic stops occur, it's no surprise that pop-culture is replete with references to getting pulled over by the police. It is true that law professors can, and have taught entire classes and published entire books and law review articles solely bases on Hip-Hop legend Jay-Z's break down of the Fourth Amendment implications of a traffic stop. Without going through all 99 problems, I want to take a moment to give you an abbreviated look at the big constitutional moments in a DUI stop.

WHAT IS YOUR GRIEF WORTH? COLORADO SAYS NOT MUCH AND ALL GRIEF IS CREATED EQUAL
The grief that comes with the death of a member of your family is devastation enough. There is another layer of grief that comes when you discover that the death of your family member was the result of someone breaking the law. If your family member was killed in a car crash because another driver was speeding, texting or not paying attention or your family member was killed by a surgeon that had the wrong medication administered during surgery, you as the family member have civil recourse with a wrongful death cause of action.
 
TRUST DECANTING STATUTE PROVIDES TRUSTEES A NEW METHOD TO MODIFY IRREVOCABLE TRUSTS
The use of irrevocable trusts are very often necessary and useful elements of individual estate plans.  The most seasoned estate planners work to create trust agreements that are often flexible to adapt to a variety of changing circumstances.  Such techniques include the use of formula provisions in trust agreements, the appointment and use of trust protectors, limited retained rights to settlors (creators of trusts) for certain types of trusts, expanded trustee powers, etc.  Still, it isn't entirely infrequent for someone to either become disenchanted with the original terms of their trust or find an old trust no longer fits current circumstances.

FGMC & STEVEN WEISER WOULD LIKE TO CONGRATULATE THE FOLLOWING CLIENTS: 
Ohr Hatzafun Productions

FGMC and Steven Weiser would like to congratulate Ohr Hatzafun Productions on their recent determination by the IRS as an exempt organization under IRC sec. 501(c)(3). Ohr Hatzafun Productions is a Colorado nonprofit corporation dedicated to providing high quality educational content free of charge to the public, which focuses on Jewish religion, culture and history, and the Jewish people's connection to the State of Israel. The application for tax-exempt status was submitted on May 2, 2017 and the IRS determination letter is dated May 11, 2017, a particularly quick turnaround.
Sherman Entrepreneurship Foundation

FGMC and Steven Weiser would like to congratulate the Sherman Entrepreneurship Foundation on their recent determination by the IRS as an exempt organization under IRC sec. 501(c)(3).  The Sherman Entrepreneurship Foundation is a Colorado nonprofit corporation that endeavors to provide young people (high school age and below) with experiential learning opportunities in business so that they may develop skills in financial literacy, general business acumen and work readiness.  The application for tax-exempt status was submitted on approximately April 5, 2017 and the IRS determination letter is dated April 26, 2017.
FGMC & BRIAN PROFFITT WOULD LIKE TO CONGRATULATE OUR LIQUOR LICENSED & RETAIL FOOD ESTABLISHMENTS:
10195 E. 29th Ave., Suite 140, Denver, CO 80238

1501 W. Elizabeth St., Unit D, St. Collins, CO 80521

5707 Barnes Road, Colorado Springs, CO 80917

1626 Fleischli Parkway, Cheyenne, WY 82001

229 Miracle Street, Evansville, WY 82636

6415 W. 104th Ave., Suite 100, Westminster, CO 80020

18741 E. 71st Ave., Denver, CO 80249

P: 303.333.9810 | fostergraham.com  | F: 303.333.9786