March 2023 - Volume 11, Issue 44 |
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As lifelong Denver residents we are tired of the endless violence eroding our wonderful City of Denver. And as Denver Public School graduates, fathers of four former DPS kids, and two current DPS students (Bo at South HS and Ozzie at East HS), we are disgusted by the daily emergency notifications, lockdowns and attacks occurring in our DPS schools. When the DPS Board removed Denver Police School Resource Officers from the schools in 2020, we disagreed with this decision and we were deeply worried it would make our kids less safe. And their decision, coupled with an anemic response to the ongoing violence in the city, has led us to where we are today. As we write this article, we are so saddened by the senseless murder of Luis Garcia, a high school student at East High School and a classmate of Ozzie Foster, who was shot right in front of East High School during the day. It is beyond tragic. It is beyond senseless. It is beyond words.
Our law firm has always been a Denver-first law firm. Many of us were raised in Denver and the surrounding communities and we feel passionate about what is happening in our city. We all must take a stand for what we want Denver to be. Either we will continue to go down the rabbit’s hole of violence, endless homeless encampments, and letting our differences further divide us as a community. Or, we can make real changes that will clean up this city, protect the children in our schools and restore Denver to the glorious place that it once was. We have the biggest election in Denver’s history occurring on April 4th. Mail-in ballots are on their way. The choices you make for Mayor of Denver and Denver City Council will be critical to Denver's future. We are not providing our personal choices in this forum, but please feel free to call us, email us, or check our personal Facebook posts, and we will share with you who we are supporting. We cannot take any votes for granted.
Finally, if you wish to join our law firm and donate to the Luis Garcia GoFundMe account to help his family, please find the link below.
To the future of Denver!
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All too often the lawyers in our practice handle cases for good kids who have found themselves in trouble. Whether it be school discipline or contact with law enforcement, the best way to protect your children is to understand how the laws work in Colorado and create a dialogue about how to help your kids make good decisions. We invite you and your child (or grandchild) to attend this two-hour seminar to discuss the pitfalls teenagers face in Colorado. We hope our collective experience can help your children avoid mistakes that can have lifelong consequences.
- The temptation of drugs and alcohol and the consequences you could face.
- Sex, sexting, and the laws of consent.
- School disciplinary consequences and what to do if you are contacted by the police.
- Social media, cyber-bullying, and the use of electronic devices.
We will be doing two sessions. Please choose a date and click one of the following links to register:
Note:
The seminar is FREE to attend. All students must attend with at least one parent or legal guardian.
The topics to be discussed will contain explicit language and references.
We look forward to seeing you!
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FGMC would like to congratulate our 2023 Super Lawyers* and Rising Stars**. Nine FGMC lawyers were counted among the best in Colorado in the latest edition of Thomson Reuters’ Super Lawyers - Colorado 2023 - page Cover magazine. One partner was named a Colorado Rising Star, eight partners were named Colorado Super Lawyers, and four were recognized for being named a Super Lawyer for 10+ years.
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Meet FGMC's New Attorneys |
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Foster Graham Milstein & Calisher, LLP is excited to announce that Partner Drew Demers has joined our Land Use and Real Estate practice group.
Drew’s practice is focused on real estate transactions, with an emphasis on commercial property acquisitions and dispositions, project finance, construction, leasing and property management. With over two decades of experience, Drew has represented property owners, developers, Fortune 100 banks and private lenders on a wide range of real estate and commercial lending issues.
For more information about Drew Demers please follow the link.
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Foster Graham Milstein & Calisher, LLP is excited to announce that Jennifer E. Recktenwald has joined our Criminal Defense practice group.
Jennifer Recktenwald’s practice focuses on criminal defense and defending the rights of those accused in Colorado’s criminal courts.
Jennifer’s experience and dedication to defending her clients will add value to FGMC’s Criminal Defense practice group.
For more information about Jennifer E. Recktenwald please follow the link.
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FGMC QUARTERLY SUCCESS STORIES |
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Our Appellate Department continues to play a prominent role in shaping Colorado law across diverse areas, including constitutional, land use, tort, contract, and property law: |
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Constitutional and Land Use law
The Colorado Court of Appeals recently ruled in FGMC’s favor on questions of first impression concerning the interplay between constitutional First Amendment rights to support political candidates, and due process rights to an impartial tribunal. The trial court barred an elected county commissioner from participating in the board of county commissioners’ decision whether to approve a land use application where the commissioner previously received modest campaign donations from the applicant. FGMC persuaded the appellate court to reverse based on U.S. Supreme Court precedent balancing First Amendment and due process rights and establishing that modest, proportional donations do not create an unconstitutionally high risk of bias in elected officers. The case is T.A.A.S.Q., Inc. v. Board of Cnty. Comm’rs, 21CA1897 (available here). FGMC partners Chip G. Schoneberger and Lawrence G. Katz handled the case at both the trial and appellate levels.
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Tort law – The Rescue Doctrine
The Colorado Supreme Court granted FGMC’s request to review issues of first impression impacting how Colorado tort law treats Good Samaritans injured while rescuing others in danger – known as the “rescue” doctrine. Having previously convinced the Colorado Supreme Court to recognize the doctrine, the case now returns to the Supreme Court for the second time to determine issues related to causation and scope of liability to rescuers who intervene to stop violent criminal assaults. The case is Garcia v. Colo. Cab Co., 2021SC895. The previous Supreme Court decision recognizing the rescue doctrine is available here. FGMC partners Chip G. Schoneberger (appellate counsel) and Danny S. Foster (trial counsel) handled the case.
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Contract, Property, Evictions
FGMC also recently won an appeal involving the distinction between property leases and purchase options in an eviction context. After the trial court ruled a longer purchase option term supplanted a shorter lease term and controlled the lease duration, FGMC persuaded the appellate court to reverse and recognize that leases and purchase options represent separate property interests and need not run concurrently or relate to each other. FGMC partners Chip G. Schoneberger (appellate counsel) and Michael G. Milstein (trial counsel) handled the case.
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Black Canyon Catering, Inc. |
FGMC represented owners Mark McAndrew and Justin Spodek in their acquisition of Della Terra Mountain Chateau, a luxury, boutique inn and wedding venue located above Estes Park at the Fall River entrance to Rocky Mountain National Park. The venue hosts hundreds of weddings every year with on-site lodging and dining options. The acquisition of Della Terra adds to the wedding venue portfolio of the owners, who already operate the Black Canyon Mountain Resort in Estes Park. The transaction, including both real estate and business assets, was valued at approximately $15 million. Bob Graham, Evan Husney, Steven Weiser, and Bryson Sebold assisted on the deal.
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FGMC counseled buyers Liz and Brad Barhydt in their acquisition of Rustic Thread, a modern clothing boutique in the West Highlands neighborhood of Denver. The buyers purchased both the business and the real estate in which Rustic Thread currently operates. In total, the deal was valued at $500k. Evan Husney, Lauren Thompson, and Bryson Sebold assisted on the transaction. |
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Whether it’s the LiMu Emu or Flo, everyone has a (least) favorite car insurance commercial that they love to hate. But how familiar are you with the products they are selling? Here are the three types of coverage everyone should carry on their cars:
Bodily Injury Liability Insurance:
Bodily injury liability insurance is the basic coverage that every driver on the road must carry by law. Your bodily injury liability insurance protects other drivers on the road from your own negligence. Each state regulates the minimum amount of bodily injury liability insurance that drivers must carry to be legal on the road. Colorado’s state minimum is $25,000.00 per individual and $50,000 per incident.
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Last year Colorado’s business community joined forces with advocates for criminal justice reform in support of a new piece of legislation known as the Clean Slate Act. The Act was signed into law by Governor Polis in 2022 and is set to take effect in 2024, though many courts across the state have already begun implementing the new requirements.
The law requires certain non-violent criminal convictions to be automatically sealed by the courts after a specified length of time. It also includes automatic sealing of arrest records that did not result in a conviction, as well as records involving the completion of a deferred judgment or deferred prosecution agreement.
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A Few Of Our Favorite Organizations |
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Mark Boscoe is the long standing President of the Rocky Mountain Jewish Historical Society (“RMJHS”). The RMJHS is housed at the University of Denver and its Beck Archives are contained at the Anderson Library at DU. The collection contains more than one million items, many of which have been digitized, that are used by scholars, journalists and are often displayed to the general public demonstrating the rich and varied social history of Jewish citizens of Colorado and its neighboring states in pioneering our region. Many of our state’s most prominent citizens in all walks of life, as well as ordinary individuals, have donated and preserved memorabilia demonstrating how life has progressed and changed in our region over the last 160 or more years.
The RMJHS puts on frequent programs with speakers and academics on topics of social historical interest and undertakes an annual event, producing a video film on a different topic each year celebrating various fields of endeavor where Jews have excelled, be it in the professions, business, politics, or charitable endeavors.
The RMJHS has been led by Dr. Jeanne Abrams, a full professor at DU for more than 40 years. Dr. Abrams is the author of 10 books on various historical subjects, not only on Jewish history in the region but on general American historical topics as well.
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Colorado Soccer Foundation |
Evan Husney, FGMC partner, serves as a board member of the Colorado Soccer Foundation, a program that strives to make soccer accessible to all kids who want to play. The Colorado Soccer Foundation began working with the Colorado Rapids Youth Soccer Club to provide after school programming in Denver Metro area schools with high free and reduced lunch rates. The program started in 9 schools and has since grown to over 30 partner schools. In addition, the Colorado Soccer Foundation has begun to operate a world-class facility that serves as both a community hub and a base of operations.
To learn more about the Colorado Soccer Foundation follow the link.
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Contact Us
360 S Garfield St Suite, Suite 600
Denver, CO 80209
Phone: (303) 333-9810 Fax: (303) 333-9786
FGMC are Colorado Lawyers serving most personal and business legal needs.
We offer clients the power of a large law firm with the personal service of a boutique law firm.
Practice areas include:
Auto Accident / Personal Injury Law, Appellate Practice, Business / Corporate / Finance / Mergers & Acquisitions,
Criminal Defense, Employment Law, Estate Planning / Tax Planning, Government Investigations & White-Collar Defense, Land Use And Real Estate, Law Enforcement Representation, Litigation
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