July 2024 - Volume 12, Issue 49 |
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“I can honestly say that I was never affected by the questions of the success of an undertaking. If I felt it was the right thing to do, I was for it regardless of the possible outcome.” -Golda Meir, former Israeli Prime Minister.
Earlier this year , I was fortunate to help create a new organization known as Stop Antisemitism Colorado. I was motivated to engage in this effort because I had witnessed a proliferation in antisemitism rising on the far left of the political spectrum. While the far right had been the historic agitators and torch carriers shouting Jew hatred, this rise in antisemitism from the far left was a real source of personal anguish. The June 25 th primary results proved to be very rewarding to those of us desiring a political shift back to decency and moderation, as all four races that the organization was tracking resulted in victory. June 25 th saw Sean Camacho (House District 6); Cecelia Espenoza (House District 4); Michael Carter (House District 36); and Representative Judy Amabile (Senate District 18) all winning their primary elections. This was a full repudiation of the far left vitriol and push towards moderation in the Democratic party in Colorado. These are four really substantial people who are eager to find common ground and bring moderation back to public life.
I am just completing the book Outlive by Dr. Peter Attia. It’s a detailed analysis of how medicine needs to continue to evolve and allow us an opportunity to live better for longer, not just longer. And, within the rather dense book (not easy reading!) is a message of moderation. Moderation in how we go about our daily life in terms of nutrition, exercise and stressful activity. The timing of my reading this book and the amazing complexities of our political world are not a coincidence. Turning on the “news” or logging onto social media these days is not for the faint of heart. It is polarizing. It is grandstanding. It is mean and angry. Frankly, it’s embarrassing and it’s disappointing to see the wedge in our society created by extremism. We need to find common ground.
After the Tree of Life shooting in Pittsburgh in 2018, I wrote the following on social media:
"I dropped Bo off this morning for Religious School at our synagogue. It was not a typical morning. I did my best not to cry, but seeing the police cars in the lot and circling the facility brought everything home...too close to home. I am really pissed off. Typical reactions from politicians… Well, for me, I am doubling down on goodness and great people. I am going to think long and hard about how I approach changing things in America. Being kind starts with each of us, I will do my best to be better, more thoughtful, more patient and kind. I will not support people who don't share this core value of kindness. I will work against people who routinely prove that they are too afraid to be kind and to stand up to bullies. Stand up now! Be counted! I am watching!!"
So, today, again, I vow to support good and kind people who seek common ground and moderation, in politics and life. And stand up to bullies. This means that in doing so, I will make some people unhappy or question historic allegiances. But, if I believe it to be the right thing to do, the outcome is less concerning. I am still convinced we can leave our children a future of hope and promise, but our opportunities to ensure this future are surely dwindling.
It is my ongoing belief that the people of FGMC are also committed to this standard. It continues to be some of the secret sauce of this enduring law firm.
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MEET FGMC'S NEWEST ATTORNEY |
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Foster Graham Milstein & Calisher, LLP is excited to announce FGMC's newest attorney, Elliot Fladen.
Elliot Fladen specializes in both prosecuting and defending complex litigation matters. Elliot’s practice is focused on handling cases for corporations, business entities, and individuals across various disputes including real estate matters, construction disputes, questions pertaining to the Colorado Open Meetings Act, and other issues of complex litigation. Elliot has successfully litigated numerous cases.
Elliot has been heavily involved in the drafting of past proposed legislation on topics ranging from Colorado’s Ethics laws to eminent domain and mineral rights. He has also been involved with drafting resolutions concerning racism and antisemitism. Elliot’s work has been featured in various publications including the Denver Post, the Denver Gazette, the Colorado Springs Gazette, the Colorado Independent, the Colorado Observer, and the Colorado Statesman.
For more information about Elliot Fladen please follow the link.
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Chambers USA has released its 2024 law firm and attorney rankings list in the United States. This year, FGMC partner, John Chanin, was again ranked on this exclusive and prestigious list for his practice in White-Collar Crime & Government Investigations-related litigation. The firm was also honored with a ranking, reflecting its deep experience and resources in this practice area. FGMC was one of four local law firms ranked in the entire state. Chambers USA is the leading legal ranking agency. Chambers ranks America’s leading attorneys who have been identified as the best in their field by their peers and clients based on interviews with attorneys and clients.
FGMC’s White Collar and Government Investigations practice has decades of experience representing businesses and individuals in civil, regulatory, and criminal investigations and proceedings.
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Bisnow Denver recognized Kristin Sullivan as one of its Bisnow Denver Women Leading Real Estate. The selection process emphasized mentorship and the significant contributions of women as they advance in their careers.
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Foster Graham Milstein & Calisher, LLP offers a robust suite of services tailored to businesses, individuals, and tax-exempt organizations, both locally and globally.
Here’s a refined summary of the skillset our Estate Planning/Tax Planning practice group has to offer:
Business Transactions and Tax Efficiency:
- Our tax and estate attorneys structure transactions and businesses to maximize tax efficiency. This includes advising on initial formations, ongoing operations, expansions, sales, and business exits on a national and international scale.
Estate Planning Services:
- Our tax and estate attorneys provide comprehensive estate planning services, ranging from simple estate plans to very complex. Our attorneys employ sophisticated tax reduction strategies tailored to our clients' needs. Additionally, income tax planning is integrated into estate plans to optimize wealth transfer to younger generations.
Tax Exempt Organizations:
- Our tax and estate attorneys offers expert guidance to tax-exempt organizations, assisting with IRS applications for tax-exempt status and ensuring ongoing compliance with the Internal Revenue Code.
Integration and Expertise:
- Our tax and estate attorneys collaborate seamlessly with other practice areas, enhancing your ability to identify and address tax implications across various business transactions and legal matters.
Overall, our Estate Planning/Tax Planning practice group emphasizes clarity and efficiency in providing tax advice and estate planning solutions, demonstrating a strong capability to handle complex tax matters and estate planning needs for a diverse clientele.
For more information call our firm or follow the link to our website. |
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At FGMC, we have long represented police officers and other law enforcement officials in civil, administrative and criminal cases. Law enforcement is a very demanding job that has seen its ranks shrink over the past decade, due in part to increasing violent attacks on police officers, less public support, more cell phone wielding “justice warriors” who interfere with lawful police investigations, and more and more lawsuits and criminal indictments against law enforcement. While we believe all police misconduct should be viewed independently and objectively, there are times when the mob mentality forces politicians to pass hasty, poorly conceived laws that not only unfairly target good law enforcement but have the unintended consequence of reducing the desire of many good candidates to enlist in this important profession. As we speak, local law enforcement agencies across the greater Denver community and throughout the country are shrinking at an alarming rate, struggling to find more officers. Because law enforcement is a necessity, municipalities will be required to lower the stringent hiring guidelines to fill the ranks. However, the ranks will only be replaced by less qualified individuals who will be more likely to make bad decisions and thereby create even more distrust between communities and their police forces. You can see the vicious circle we have placed ourselves in.
We fully appreciate that not all law enforcement that are alleged to have been involved in excessive force incidents are innocent and we believe in ferreting out the bad apples, but we must be incredibly thoughtful in how we do this as a society. One such ill-conceived law is Colorado Revised Statute sec. 18-1-707, also known as ‘The Police Integrity Transparency and Accountability Act’. This was passed in the wake of the George Floyd and Elijah McClain deaths. Our senior law enforcement attorney, Mallory Revel, breaks down this statute so you can be more informed about the status of law enforcement in Colorado and hopefully contact your state representative to ask them to thoughtfully revise this troubling law. (Follow this link to read Mallory Revel's article).
We all wish for safer communities, better well-informed police officers and more respect between citizens and their law enforcement agencies. We must realize that if we don’t come together and start treating each other with more respect, then we will all suffer.
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In June of 2020, Colorado was in the shadow of the killings of George Floyd and Elijah McClain, along with the rest of the country. It was in this context that the Colorado legislature passed a sweeping law enforcement accountability act, one of the first in the country. Formally called “The Police Integrity Transparency and Accountability Act,” it is often referred to as “Senate Bill 217.”
Senate Bill 217 did a number of things that have been widely reported on in the media and discussed at length in legal and law enforcement circles. Notably, it requires law enforcement departments to furnish their officers with body-worn cameras, and limits qualified immunity in certain circumstances. The bill also constructively created a new crime – failure to intervene in excessive force.
Even the bill’s harshest critics likely agree that an officer’s duty to intervene in the use of unlawful force is a logical and reasonable concept. Imagine the following scenario, scenario 1: two officers are together for the entirety of an encounter with a suspect. The suspect is aggressive and poses a risk to the officers. The suspect’s actions result in a use of force by the officers. The suspect is ultimately restrained on the ground and under the control of the officers, and has no access to weapons. Officer 1 deems the threat to be subsided. Officer 2 proceeds to beat the suspect in the head with his fist, as Officer 1 stands by with a similar view of the suspect as Officer 2. Officer 1 does nothing and allows Officer 2 to injure the suspect.
Under C.R.S. § 18-1-707, the statute that criminalizes failing to intervene in excessive force, Officer 1 could be charged with a class 1 misdemeanor. This scenario seems reasonable enough.
Let’s now consider a second scenario, scenario 2: a call airs over the radio about a suspect who is known to be armed. Officer 1 arrives on scene and believes the suspect to be armed, based on the information provided. Officer 1 assures himself or herself upon arrival that the suspect is unarmed. A use of force results regardless. Officer 1 uses an amount of force appropriate if the suspect was armed, but inappropriate under the actual circumstances. Officer 2 arrives on scene, while the excessive force is being used. Officer 2 was also privy to the radio call and accordingly believes that the suspect is armed, and Officer 1 may literally be fighting for their life. Officer 2 does not intervene.
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In the last few years, and especially since the pandemic, the practice of law has undergone significant changes. Virtual practice has changed the practice of law dramatically and for the better. Like in many other fields, remote work is here to stay. While we like to meet with our clients face to face as much as possible, we understand that is not always practical or convenient for the clients.
First and foremost, lawyers are required to provide competent representation of their clients, which includes keeping up to date on changes in the practice of law and changes in technology. Lawyers now regularly are required to appear in court via Zoom for status conferences and hearings, as well as conducting depositions, mediations, and client meetings remotely. AI and Chat GPT cannot replace attorneys, but attorneys are starting to use AI tools to help them do their jobs more efficiently – and from anywhere. Some attorneys are now successfully using AI to help them more quickly review and search through voluminous documents in litigation or in due diligence, to help them with legal research, and in various aspects of case management. To provide diligent representation, law firms must have systems in place for their remote attorneys and staff to be able to access files, conduct research in a timely fashion, and facilitate collaboration with others.
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FGMC Summer Employee Party |
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This quarter, we decided to have a bit of fun outside the office. Our team gathered for a memorable outing at Puttshack, where we enjoyed a lively evening of mini-golf, great food, and even better company.
We've captured some of the highlights from our Puttshack adventure in the photos below.
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A Few Of Our Favorite Organizations |
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FGMC Paralegal, Aubrey Fowler is the Development Director and Gala Chair for a local non-profit called The Lion Project. The Lion Project is a video storytelling non-profit that partners with other non-profits and businesses to create awareness around their mission/business. The Lion Project has collaborated with various groups including single moms, veterans, foster families, and mental health organizations. In 2024, The Lion Project is focused on establishing food pantries in Title 1 schools across Denver, ensuring elementary students from low-income backgrounds have access to essential meals and supplies like jackets, clothes, and backpacks.
The Lion Project's largest fundraiser of the year is scheduled for October 12, 2024, at The Four Seasons in downtown Denver. An after party, sponsored by Foster Graham Milstein & Calisher, LLP, will take place at the new Kumoya Denver.
The Lion Project is always looking for sponsors, attendees, and volunteers. To learn more about The Lion Project, you can visit our website at www.thelionproject.org or email Aubrey Fowler at aubrey@lionproject.org. |
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FGMC Attorney Lori Kalata is riding with the Wheels of Justice cycling team to raise money for children fighting cancer and blood diseases. She rides in the Annual Courage Classic, a 2-day ride through the Rocky Mountains benefitting Children’s Hospital Colorado. Founded by attorneys in 2005, the Wheels of Justice cycling team aims to create a community of partners against pediatric cancer, dedicated to improving the quality of care at Children’s Hospital Colorado. The team comprises 250 riders of every age and skill level. The youngest rider is usually a baby, pulled along by their parents, alongside their siblings. The team has grown to include patients, families, nurses and doctors at Children’s Hospital Colorado.
Each year the team rides in memory of a child who was a patient at Children’s. This year Wheels of Justice is honoring the memory of Will Maniatis, a 14-year-old who lost his battle with Acute Myeloid Leukemia in 2020.
Lori and the Wheels of Justice cycling team aim to raise $750,000 in 2024 for the Center for Cancer & Blood Disorders at Children’s Hospital Colorado. The money stays in our community and directly funds primary pediatric oncologic research as well as mental health and wellness care for families and patients dealing with a diagnosis of cancer or blood disorders.
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FGMC was proud to be a Platinum sponsor of the Hillel of Colorado annual golf tournament at Inverness Golf Club on July 15th. Danny Foster, the new president of the board of Hillel of Colorado said “FGMC was proud to sponsor and participate in this golf tournament. Hillel of Colorado is one of the leading organizations ensuring advocacy, safety, and mentorship to Jewish students on college campuses. Now more than ever Hillel is a critical organization that needs the Denver community’s support.” |
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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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