FGMC'S Latest News & Updates
DECEMBER 2017
FGMC'S NEWS & UPDATES
How Do I Do What I Do In the Era of #MeToo?
On behalf of myself and the lawyers and staff at Foster, Graham, Milstein & Calisher, LLP we hope you have had a wonderful 2017 and we wish you nothing but health, happiness and success as we enter 2018. 
 
While 2017 is soon to be in our rear-view mirror it has not been without some very challenging issues that have arisen globally as well as locally. It is hard to turn on the television set these days without seeing another terrible story related to sexual harassment or sexual assault. Some of the alleged behaviors, like Harvey Weinstein’s, appear to be common knowledge amongst those in the industry. Others, like Matt Lauer, shock us because we believe him to be the wholesome, fatherly-like figure who greets us every morning with the news.  But, with each new day, there is yet another story about a well-known man whose actions are alleged to have been either morally or legally wrong. 

As the shockwaves reverberate through our sensationalized news media programs, all of whom are looking to break the next earth-shattering story over the air waves, the criminal defense lawyer in me is conflicted. As a woman in a professional environment, I suppose I am a very small part of the #MeToo movement. I have had a judge call me “sweetheart” as I was arguing a complex piece of litigation in this state’s district courts. I have had a witness comment on my appearance from the witness stand in the middle of a jury trial in front of a packed courtroom. There was even an occasion years ago when a male client – after hearing a lengthy presentation of mine said – “You’re pretty smart, for being a girl.” I have had fellow professionals – friendly and adversary – presume that my abilities as a woman are less than that of a male colleague simply because I do not have a “Y” chromosome. I have been grabbed and groped in bars and elsewhere. So, yes. I suppose, on some small scale, #MeToo.



Warmly,
Partner
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LATEST NEWS
FGMC Attorneys Named to List of The Best Lawyers in America ©, 2018

We are very pleased to announce that two of our firm’s lawyers,  Lara Marks Baker  and  Gary Lozow , have been named to the prestigious list of The Best Lawyers in America ©, 2018.

Ms. Baker is recognized in the area of  Criminal Defense : General Practice; Mr. Lozow is recognized in  Criminal Defense : General Practice and  Criminal Defense : White-Collar Defense. The firm is proud of the high caliber of its attorneys in its  criminal defense  practice.

FGMC's Keirstin Beck Named to List Who's Who in Energy 2017-18

We are very proud to announce that our Special Counsel,  Keirstin Beck , has been named to the prestegious list of  Who’s Who in Energy 2017-18 .

Keirstin is one of our commercial real estate attorneys who represents clients on all aspects of development and redevelopment projects. She has assisted in countless public-private partnerships and alternative financing for such projects. The company helped create, and guides clients through,  Colorado’s PACE program , which helps finance renewable energy and energy efficient upgrades.


FGMC Obtains Reversal of Suspension for Denver Sheriff's Department Captain

Danny Foster  and  Mallory Revel  successfully represented Captain James Johnson of the Denver Sheriff’s Department in a disciplinary action. After a two day hearing involving a death at the Denver downtown detention facility the Denver Career Service Authority Hearing Officer found in their client’s favor and reversed a 10 day suspension. Danny was  quoted by Channel 4 News stating ...

FGMC Adopts-A-Family with Families Forward Resource Center

FGMC is proud to be adopting a family with Families Forward Resource Center this holiday season. If you or your company is interesting in learning more about this great cause, please visit familiesforwardrc.org.

Families Forward Resource Center coordinates several holiday programs each year to serve under-priveleged families. They provide Thanksgiving dinners to several hundred families, provide toy bags to hundreds of children and coordinate an Adopt-a-Family program where members of the community can adopt families and help to provide a richer holiday experience for them.

Evan Husney Participates in 2017 Laudato Si' Challenge with Nokero

We are proud to recognize FGMC partner, Evan Husney , for his involvement with Nokero International Ltd ., a company who develops portable solar lights to replace kerosene lamps and candles, as well as solar charging products designed for the world's 1.2 billion unelectricified, participated in the Laudato Si' Challenge Demo Day in Rome, Italy on December 4th, 2017 .

The Laudato Si' Challenge is a Vatican sponsored incubator program inspired by His Holiness Pope Francis and designed to support companies that will help to make the world a better place.

Nokero was one of 9 companies admitted out of over 300 applicants to participate in the challenge.

FGMC Client's Product, Dreampad, Featured on Shark Tank

FGMC is proud to announce one of our clients,  integrated Listening Systems , was featured on the hit tv show, Shark Tank, for their product,  Dreampad .

iLs is a multi-sensory program and associated hardware which integrates music, movement and language exercises for the purpose of improving brain function. iLs programs are designed to be fun, and may be used on their own or in conjunction with other methods.

Congratulations to FGMC's Criminal Defense Team

Lara Marks Baker  and  Gary Lozow , along with FGMC’s exceptional  criminal defense team , obtained a significant NOT-guilty verdict in Boulder County District Court for a young man wrongfully accused of a terrible crime. These warriors saved this client’s life today and obtained justice. Amazing work by these attorneys and paralegals!

Mallory Revel Named to 2018 COBALT Class

We are proud to announce FGMC associate, Mallory Revel , has been named to the  2018 COBALT class .

COBALT  is an interactive leadership training program designed specifically for lawyers with demonstrated leadership skills and commitment to the legal community. Not only are class members taught leadership skills, they also learn how to address challenges faced by leaders in the legal community and the general community. 

TITLE INVESTING IN YOUR OWN CONSTRUCTION COMPANY - AVOIDING LIABILITY UNDER THE MECHANIC'S LIEN TRUST FUND STATE STATUTE


As most in the construction business already know (or should know), when a contractor receives funds on a construction project – whether from new home sales, a lender, or almost any other source – Colorado law requires the contractor to hold those funds “in trust” to pay its subcontractors, laborers, and suppliers. This is commonly known as the Mechanic’s Lien Trust Fund Statute, C.R.S. § 38-22-127. And until the contractor pays those people in full, using the funds for any other purpose violates the statute and exposes the contractor to monetary penalties and, potentially, to civil and criminal theft charges as well. 

A SHORT PRIMER ON UCC SEARCHES AND THE CREATION AND PERFECTION OF UCC SECURITY INTERESTS


One of the key elements of due diligence when buying a business is to obtain and review Uniform Commercial Code (“UCC”) searches. Whether the acquisition is structured as an asset purchase agreement or a stock or membership interest purchase agreement, it is important for the purchaser to ascertain whether there are any security interests encumbering the target business’ assets and, in the case of a stock or membership interest purchase, the stock or membership interests of the company.
 
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