Hey You.
Happy 2019!  I hope most of you were able to take off and lose track of some time before the start of the new year.  It’s always nice to take a week (or more) and ignore the calendar when you can - and it's typically an adjustment getting back on track after the holidays. The Roman predecessor to our calendar was only ten lunar months long, starting at the vernal equinox in the spring. At the end of the tenth month, the Romans were “off grid” for the winter, with no calendar until the next vernal equinox started the new year. No calendar for a few months? Great idea. Regrettably, the Romans adopted a 12 month calendar. They got rid of the “off grid” winter period, abandoned using lunar months, and adopted a calendar year starting in January (and a leap year, so the calendar year would stay aligned with the seasons). 
Thanks to this ancient Roman technology, I can accurately report that FGMC will be celebrating its 20th  Anniversary in 2019. We are very proud to reach this milestone! Thank you to all our clients, colleagues and friends who helped make it happen. 

When the firm started in 1999, “The Matrix” and “Being John Malkovich” were brand new movies (I love both movies), Cher topped the pop music charts (meh), and Richard Gere was the sexiest man alive (who could argue with that?). FGMC has been around longer than YouTube, the iPhone, and Facebook. Danny Foster left the Denver District Attorneys’ office in 1999 and started the firm with Bob Graham. Bob was with “Robert Graham & Associates” at the time, where he was both senior partner and the only associate. In the beginning, the firm’s first associate used a converted coat closet as his office. Twenty years later, we have grown to 34 attorneys along with an amazing support staff.  We have just completed an overhaul of the firm’s website – if you’re interested, check out www.fostergraham.com.
Finally, I wanted to completely change the subject, and conclude with short note about a controversial topic – The Wall.   
The Wall also has an anniversary in 2019 – The Wall turns forty in 2019. For anyone unfamiliar with The Wall – it’s the Pink Floyd’s double album that came out in 1979. The album (can I still call it an album in 2019?) is a “rock opera” about a troubled rock star who becomes increasingly withdrawn and isolated – conditions the band symbolized by “building a wall.” I love The Wall. However, my wife Nicole thinks The Wall is horrible. The Milstein house is divided over The Wall, and I don’t foresee this impasse resolving any time soon. 
However, since Nicole has no editorial power over this newsletter, happy 40th anniversary to The Wall.  
Looking forward to a healthy and happy 2019.


  • David Foster and Lara Marks Baker named to 5280 Top Lawyers in 2019
  • FGMC Congratulates New Partners
  • David Foster to be Honored at Temple Emanuel
  • FGMC Attorneys Recognized in Best Lawyers List 2019
  • Keirsten Beck honored in "Who's Who in Energy" 2018-2019
  • Partner's Retreat at Union Station with Dana Crawford
  • FGMC Welcomes New Associate Attorneys
  • "Don't Let Your Holiday Party Result in a Lawsuit: Part 2" by Laura Martinez
  • "The Defense Lawyer's Role as an Advocate" By Mikhail Laskin

David Foster and Lara Marks Baker Named to 5280 Top Lawyers in 2019

Foster Graham Milstein & Calisher would like to congratulate Partners 
David Wm. Foster   and  Lara M. Baker  for being recognized in 5280 Magazine's list of Denver's Top Lawyers in 2019.

For the past 5 years, 5280 has conducted a survey of all licensed attorneys in the Denver metro area. Their goal is to find the best lawyers in 50 different practice areas. This is David's fourth year and Lara's third year receiving this recognition.

Congratulations David and Lara! For more information on the 5280 Top Lawyers list, please visit the 5280 website  here .
FGMC is proud to announce the selection of new partners, Kari Jones Dulin and Raul Abad.

Kari has developed a civil litigation practice, with a focus in plaintiff’s personal injury. Kari has represented those who have been injured as a result of a motor vehicle collision, a dangerous premises, medical malpractice or any instance where an injury occurred because someone violated a duty of care. Kari believes that every client has a story to tell and there is no better place to tell that story than the courtroom.

Raul’s practice encompasses practically every aspect of commercial real estate, including development, entitlements, leasing, financing, acquisitions and dispositions.   Analyzing every transaction from all probable—and often improbable—angles enables Raul to represent his clients’ interests more effectively.

Congratulations to Kari Jones Dulin and Raul Abad ! The Firm is lucky to have such fantastic people join the partnership!

David Foster to be Honored at Temple Emanuel

We are excited to announce that partner David Foster is one of two honorees for Temple Emanuel’s annual fundraiser being held on Saturday January 26 th . He is being honored for all of his pro-bono work for Temple Emanuel’s Shwayder Camp. Grammy award winning artist Marc Cohn will be headlining this special night. For tickets please contact Francie Miran at 303-388-4013.

Three Partners Named Best Lawyers

We are very pleased to announce that three of our Firm’s lawyers,  Lara Marks Bake r , Gary Lozow , and John Chanin have been named to the prestigious list of The Best Lawyers in America ©, 2019. The Firm is proud of the high caliber of its attorneys in the criminal defense  and litigation practice.

Keirstin Beck Honored in
Denver Business Journal list of
"Who's Who in Energy" 2018-2019

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 2018-2019.

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.
Partner's Retreat at Union Station with Dana Crawford

FGMC held it's 2018 Partners' Retreat at Denver's Union Station this year. The group was honored with a visit from a legendary Denver developer, Dana Crawford.
FGMC Welcomes New Associate Attorneys

FGMC is pleased to welcome two new talented associate attorneys at the Firm, Erik Carlson (Real Estate, Land Development, and Zoning), and Erin O'Neill (Litgation). The Firm is very lucky to add these exceptional lawyers.
Don’t Let Your Holiday Party
Result in a Lawsuit: Liability for Alcohol Consumption: Part 2

The June 2018 FGMC Newsletter included an article titled, “Don’t Let your Summer Party Result in a Lawsuit: Liability for Alcohol Consumption,” which discussed a homeowner’s liability for the consumption of alcohol by guests. Shortly after that article was published the Colorado Supreme Court issued a ruling further clarifying social host liability.  

Before we get to the Colorado Supreme Court’s opinion, let’s start with a summary of social host liability. First, social hosts can only be liable for underage drinking, and only in two specific circumstances:... 

The role of the advocate is a vital part of a defense lawyer’s job. While a prosecutor, judge, or jury may be tasked with deciding the fate of the accused – the defense lawyer is tasked with becoming an expert about their client and presenting a narrative that most speaks to a prosecutor, judge, or jury.

Particularly with criminal law - lawyers decide fairly quickly whether they are going to be prosecutors or defense attorneys. Each must advocate for their respective clients – the defense attorney for the accused and the prosecutor for the government or the alleged victim. Both, however, play patently different roles within the criminal justice system. On April 1, 1940, at 10:00 A.M. in Washington D.C., Robert H. Jackson, Attorney General of the United States, delivered an address to a great hall full of federal prosecutors."

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