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Updates from FGMCFirst Quarter 2012
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(303) 333-9810

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Practice areas




Criminal Defense

Election Law

Employment Law

Family Law


Government Affairs

International Transactions

Land Use and Zoning

Liquor Licensing


Personal Injury

Real Estate

Special District Law

Tax and Estate Law



 Michael C. Bullock

Daniel K. Calisher

Christopher P. Carrington

Jennifer G. Feingold

Stephen A. Fermelia

Daniel S. Foster

David Wm. Foster

Joan M. Fritsche

Michael J. Gates

Robert G. Graham

Jerri L. Jenkins

Lawrence G. Katz

Gary Lozow

Lara E. Marks

Laura M. Martinez

Michael G. Milstein

Marcy M. Ongert

Julia R. Prendergast

Brian C. Proffitt

Chip G. Schoneberger

Steven M. Weiser


Dear Friends,


It is with tremendous excitement that we enter 2012, our twelfth year as a law firm. As other firms in Denver have been absorbed by national firms, down-sized, or have simply closed their doors, we are proud to begin 2012 strong, healthy, and growing. We are launching this quarterly newsletter to keep all of you apprised of what is happening at Foster Graham Milstein & Calisher, LLP, as well as provide important legal resources and articles that will be of interest to you. Within the next quarter our office will be moving to Cherry Creek where we look forward to many, many years of providing the best legal services to our community.


As we continue to integrate into the 21st century, FGMC is pleased to share that it has its own Facebook page. Please visit FGMC ON FACEBOOK and 'like' FGMC's page.


Like us on Facebook 


We have been adding some video to our website and hope you like it: Click here to see our flagship video. 


We are very proud that our friend and Partner, Gary Lozow, was named as Colorado Law Week's Lawyer of the Year for Best Criminal Defense.  His addition to our firm has been invaluable and we are all better lawyers for being able to work with Gary on a daily basis. To read the law week article click here. 


We are equally as excited to announce the new partnerships in the firm for 2012:

  • Michael Bullock:

    Mr. Bullock's practice will continue to emphasize real estate, leasing, corporate and transactional work as well as commercial and private lending.

  • Michael Gates:

    Mr. Gates' will continue his practice in civil and commercial litigation, with a focus on construction and employment matters.

  • Jerri Jenkins:

    Ms. Jenkins will continue to practice in the areas of real estate, land use and oil and gas law.

  • Brian Proffitt:

    Mr. Proffitt's practice focuses on alcoholic beverage licensing and regulatory compliance advice to restaurants, bars, night clubs, and retail outlets throughout Colorado as well as commercial litigation, and related commercial transactions.


In addition to these wonderful attorneys we are proud to announce that over the past year FGMC has welcomed some exceptional attorneys to broaden the services we can provide to our clients:


  • Steven Weiser who specializes in tax and estate planning. Steven recently revised two tax related chapters in "Wade/Parks Colorado Law of Wills, Trusts, and Fiduciary Administration" and recently completed his term of Chair of the CBA's Tax Section.
  • Lara Marks who specializes in criminal defense
  • Laura Martinez who specializes in civil litigation
  • Larry Katz, who specializes in civil litigation


We are so thankful for all of your support over the last 12 years and understand that we have only grown stronger due to the excellent referrals that we receive on a daily basis. We are a home-grown law firm and know we owe much of our success to our friends, colleagues and clients for continually recommending us to their friends and family.


The attorneys at FGMC are ready to do business in 2012 and we look forward to assisting you, your friends, family and business contacts. As always we like to remind you that FGMC is a full service law firm that can provide exceptional legal services at reasonable prices.


Whether it is criminal defense, personal injury, or divorce we can handle that!


If it is corporate, real estate, litigation or licensing, we can handle that!


If you need simple wills or complex estate advice, we can handle that!


We look forward to working with you in 2012!



For your family,

For your business,

For your peace of mind.

 DSF sig

--Danny Foster, Partner

Gary Lozow - Lawyer of the Year! 
Congratulations to Gary Lozow, who was named by Law Week Colorado as one of the Lawyers of the Year in the category of Best Defense. Please read the complete article here.
Larry Katz
Welcome to Larry Katz
FGMC is delighted to announce the addition of Larry Katz to the firm's active and growing litigation practice. Larry has a wealth of top-notch experience in a variety of areas, most prominently including telecom, oil & gas, fraud and breach of fiduciary duty cases. FGMC takes great pride in helping its clients navigate complex litigation environments, and Larry's terrific experience will undoubtedly be a great asset in that pursuit. If you wish to contact Larry, please feel free to do so at lkatz@fostergraham.com 
Lara Marks


News article by Lara E. Marks
Are you a parent? Have you or your friends ever wondered what happens if a juvenile gets into trouble with the law? Please read Lara's article, "Times Have Changed: What Every Parent and Child Should Know about the Juvenile and Criminal Justice Systems"

Updates from the Tax Law section; Steven M. Weiser


A lot of attention was paid recently to new (and some old) tax proposals President Obama included in his State of the Union address to the country. Among his proposals implementation of the "Buffet Rule," named for billionaire investor Warren Buffet, garnered the most attention. The Buffet Rule proposes a minimum effective income tax rate (in this case 30%) for those Americans earning in excess of $1 million per year. Other proposals include new tax credits for U.S. businesses bringing jobs back to the United States, applying tougher treatment for those U.S. businesses shifting jobs overseas, and a lower corporate income tax rate (U.S. multinationals have long clamored that the U.S. corporate income tax rate, among the highest in the world, leaves them at a competitive disadvantage compared to their foreign counterparts). While many of these proposals may resonate with voters they stand little chance of enactment before the November elections. Nevertheless, FGMC will continue to track these developments and be ready to provide our clients with accurate information and advice should any of these proposals or any other tax-related legislation pass into law. Please click here to read the complete article.  


Chip Schoneberger
Can investing in your own construction company lead to criminal charges against you? One Colorado court recently said "Yes"
By Chip G. Schoneberger 


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. What is more, incorporating the business does not guaranty protection against personal liability for violating the statute. Owners and co-owners who control the company's finances and decisions may be personally liable and subject to the same civil and criminal consequences. Please click here to read the complete article.