December 2022 - Volume 10, Issue 43 |
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As the bells of 2023 are about to ring to bring in a New Year, reflection on the last 12 months is in order.
Initially, in thinking about the last year, my attention was diverted because of yet another shooting tragedy that took place in Colorado Springs. Unfortunately, this type of deadly wrongdoing tainted my original thoughts about the past year. No matter the obvious successes of FGMC and its clients, both my fellow lawyers and clients must reflect on the tragedy and ever-growing activity of various domestic terrorists in our country and elsewhere. Whether that is fostered by white supremacy, racism, antisemitism, anti-Muslim or Asian actions, or anti-LBGTQ, each of us has to take more than a moment to look in the mirror and see what we have done or can do to end this terrible loss of life and intimidation that ripples across this country when terrorism raises its head. So, I include in my thinking more than just what the last year has brought for this successful law firm.
We have had an excellent year marked by good teamwork, good results and a consistent mission to represent our clients in a diligent and professional manner. There are few miracles in the legal profession. Success comes with hard work. In retrospect, our lawyers and administrative staff have had to adjust to many changes in the practice of law: zoom meetings, virtual appearances in court, zoom contacts with clients, and being masked along with our citizen jurors in trying cases. These are but a few of the new challenges of the everyday practice.
A commitment to step up, be heard and not remain silent should be part of the future of this law firm. This firm is replete with Best lawyers, Super Lawyers, and preeminently rated ethical lawyers and many other recognitions and excellent adjectives that actually fit the work product of this law firm. The firm has an unwavering dedication to every client from the disadvantaged to the captains of industry. After my 50+ years in the practice of law, the cliché has proven true time and time again: I know a good lawyer when I work with one. There are a wealth of good lawyers, young and experienced, who are worthy and thankful for our clients' expectations and trust. Likewise, the lawyers at FGMC are deeply involved in community endeavors and charity groups.
Fundamentally, everyone who practices under the banner of FGMC has to recognize that civility should be one of the trademarks of our firm. It’s too easy to over-identify with a client’s cause and cross the boundaries that should be a signpost of our profession. To each of you who retain anyone at FGMC, know that our goal is to always facilitate what is in your best interest. The idea is not to draw blood but make the rule of law work on your behalf. I am convinced going forward that this will continue to be our goal for much appreciated clients of FGMC.
My best to all for a peaceful, healthy Happy New Year.
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(The only Truly Senior Lawyer at FGMC) |
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FGMC QUARTERLY SUCCESS STORIES |
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David Dansky and Danny Foster Win Important Medical Malpractice Jury Trial |
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David Dansky and Danny Foster represented a 77 year old man who had a host of co-morbidities and required a revascularization procedure with an interventional cardiologist. During the procedure their client suffered a known complication called a radial spasm where the catheter in his arm became entrapped. The physician followed several known protocols, one being the application of a warm compress on the arm. Unfortunately, the physician heated a saline bag in the microwave and did not accurately test the heat of the bag. David and Danny’s client suffered full thickness burns on his arm requiring a skin graft and extensive hospitalization and rehabilitation. The jury awarded their client all of his medical bills in the amount of $180,325 and $200,000 for pain and suffering. These damages are almost the full value that was requested of the jury. The client expressed great joy in learning the jury understood what he went through and finally there was accountability for the physician’s actions.
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Michael Rollin and Lindsey Idelberg, made national news in a case challenging the recall of Colorado state senator Kevin Priola. Priola, who represents Colorado Senate District 25 north of Denver, changed his party affiliation from Republican to Democrat over election denial and climate concerns. As a result of redistricting, Senator Priola will move from S.D. 25 to S.D. 13 when the General Assembly reconvenes in January. Several S.D. 13 voters started an effort to recall Senator Priola even though he is not yet their senator. That raised a question under the state constitution’s recall provision, article XXI, section 1, because he still represents S.D. 25.
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Gary Lozow, John Chanin, and Katie Roush relentlessly negotiated for a client in a cutting-edge case that forced the Department of Justice into a complete 180° turnaround.
The Firm represents a Hedge Fund that specializes in trading cryptocurrency assets. One of the Fund’s general partners was the subject of an unrelated federal criminal investigation based out of Philadelphia. The government executed a search warrant at his home in Boulder and ended up seizing a laptop that contained the “private keys” to five cryptocurrency “wallets” belonging to the Hedge Fund. Without the private keys, FGMC’s client had no ability to access or control these wallets which contained a total value that was close to $2 million. Understandably, the Fund’s investors were quite irate that their money had been seized. The assistant U.S. attorney in Philadelphia initially maintained that the seizure was proper, and the cryptocurrency was subject to forfeiture.
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FGMC lawyers, Lindsey Idelberg and Mallory Revel, went to trial in Jefferson County on November 30th and defended their client that was being tried in an officer-involved shooting.
After a two day trial, the jury found their client not guilty.
They are thrilled to obtain a fantastic result for a very deserving client.
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Sterling Communication Technologies |
FGMC counseled owners Susan Dorland, Darrell Dorland, and Dan Sauer in the sale of their niche technology business. Sterling focused on serving the Rocky Mountain and Gulf Coast regions, with offices in each location. The transaction gives the owners an opportunity to pass the torch to a trusted partner and transition into retirement. Evan Husney and Bryson Sebold assisted on the transaction. |
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We are pleased to announce that Michael Rollin, Partner at Foster Graham Milstein & Calisher, has been recognized by the 2023 edition of Benchmark Litigation. Benchmark Litigation prides itself as the guide to the world’s leading litigation law firms and lawyers. Benchmark Litigation is the only publication to focus exclusively on litigation in the US. They identify leading litigators and firms through an extensive interview process with litigators, dispute resolution specialists, and their clients.
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November 3, 2022 — U.S. News & World Report and Best Lawyers® announce the “Best Law Firms” rankings.
Foster Graham Milstein & Calisher, LLP has been ranked in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list and regionally in 3 practice areas.
Firms included in the 2023 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.
Foster Graham Milstein & Calisher, LLP received the following rankings in the 2023 U.S. News – Best Lawyers “Best Law Firms”:
- Metropolitan Tier 1
- Colorado
- Criminal Defense: General Practice
- Criminal Defense: White-Collar
- Metropolitan Tier 2
- Colorado
- Commercial Litigation
- Litigation – Banking & Finance
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FGMC is proud to announce the selection of the firm’s newest partner: Mikhail Laskin.
Mikhail received his law degree from the University of Denver, Sturm College of law in 2013. Formerly a deputy public defender, Mikhail has experience in all manners of criminal law. Including traffic, DUI, misdemeanor, felony, and juvenile. He is an experienced trial attorney and a native Russian speaker. His practice focuses on defending the rights of those accused in criminal courts of every kind across Colorado. Mikhail has defended hundreds of people in matters ranging from DUI to Homicide and everything in between.
FGMC is proud of Mikhail’s commitment to his clients and the practice of law, and we look forward to his continued success at the firm. Please join us in congratulating Mikhail!
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Foster Graham Milstein & Calisher, LLP would like to introduce you to the newest attorney joining our Litigation practice group, Lauren E. M. Thompson.
Lauren is a NYC native, born and raised in Manhattan. She attended Colgate University as an undergraduate and majored in philosophy. Lauren earned her law degree and LLM in tax from the University of Denver school of law. After graduation, Lauren began her career as an associate for a solo lawyer, where she helped to grow the firm from two attorneys to six, eventually becoming a named partner. Lauren has focused her career on business-related litigation emphasizing shareholder, member, and partnership disputes. In addition, Lauren has experience with business and real estate transactions.
When she isn’t practicing law, Lauren spends her time running a small real estate business in Steamboat Springs, CO. She also loves to fly-fish and ski with her husband and two small children.
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Happy Holidays and Happy New Year! So the cliché: the Holidays are a time for being with family and loved ones and each new year gives hope for a better year than the last. Speaking of awkward transitions, the New Year 2023 also comes with a new FAMLI. Nope, not a spelling error. The Family and Medical Leave Insurance requirements are upon us.
I know what you are thinking. First, horrible and uncalled for transition and what the heck is FAMLI? What are you on about? OK, remember 2020? That was fun times! Well, more specifically, do you remember the general election in 2020? You may then recall that Colorado voters approved a new Paid Family and Medical Leave program. I will give you a refresher:
Employers in Colorado have not historically been required to provide family and medical leave unless they were subject to the federal Family Medical Leave Act (generally 50 or more employees). Even then, FMLA does not require employers to provide paid leave, just to provide the leave. In 2019, SB19-188 was introduced in the General Assembly calling for a new paid family medical leave program. The bill ultimately failed. So, ascribing to the “make them tell you no” theory, it was introduced to the voters for the 2020 election as Proposition 118 and passed with 57.7% voter approval.
For two years, it has been out of sight, out of mind. Anecdotally, most of the people I have talked to recently forgot it even happened. Everyone is about to get a reminder come January 1, 2023.
Understanding that requiring employers to simply provide paid family medical leave was outside what most small to mid-size employers can afford, Prop 118 called for an employer and employee funded insurance program that would allow for paid family and medical leave. Essentially, every employer and employee will begin paying a combined 0.9% contribution to the fund beginning in January 2023. Employees, however, will not be eligible to use the leave benefits until January 1, 2024.
And, in case you are wondering, yes, it faced a constitutional challenge. In 2021, Chronos Builders, LLC filed a lawsuit in Denver District Court arguing that Prop 118 was unconstitutional and violates the TABOR Amendment. I will not bore you with the details of the lawsuit. On December 13, 2021, the Denver District Court dismissed the lawsuit. The dismissal was ultimately appealed to the Colorado Supreme Court. On June 21, 2022, the Colorado Supreme Court upheld Prop 118, finding that it does not constitute an “income tax” in violation of TABOR because the amounts paid by employers and employees are “premiums” for insurance, not taxes.
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A Few Of Our Favorite Organizations |
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Mallory Revel, FGMC partner, actively volunteers at SafeHouse Denver, an agency in the city and county of Denver that provides a full continuum of care to adults, children, and youth experiencing domestic violence. SafeHouse Denver strives to intervene in domestic violence with services such as providing shelter and counseling to survivors of abuse, working with public and community agencies to improve the way our systems respond to domestic violence, and offering educational programming to prevent future violence.
To learn more about SafeHouse Denver, follow the link.
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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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FGMC Partner David Foster and COO Nick Dale volunteered alongside fellow community members at the “Cigna & Broncos Annual Community Service Event” at Food Bank of the Rockies. The volunteers at this event contributed to the preparation of 4,000 Totes of Hope food bags for Boys & Girls Clubs of Metro Denver on the free & reduced lunch program, and for Vaughn Elementary in Aurora to help children make it through the weekend when they may have less access to food.
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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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