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FGMC Newsletter
 Second Quarter 2012
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For more information about the firm, please call

(303) 333-9810

or visit our website at


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

Katharine A. Jensen

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




FGMC recently relocated from Downtown Denver and is now centrally located in Cherry Creek. FGMC is proud to be the largest and most diverse law firm in the Cherry Creek/Glendale market. 



 Click here to see how

FGMC was featured in the Cherry Creek Glendale Chronicle.

Dear Friends,


Look at life around you with a 360 degree view. For what are you grateful?  Your family.  Your friends.  Your health.


At FGMC we are grateful for the health of our friend, colleague, mentor and law partner, Gary Lozow.  We are also extraordinarily thankful for the selfless acts of onlookers and innocent bystanders who sacrificed their safety and well-being to save Gary's life.  As many of you may know, early Sunday morning, April 15th, on his way to his weekly breakfast with friends and colleagues, Gary's car was struck by a driver who ran through a red light.  The impact caused Gary's car to rollover and cascade down into Cherry Creek's rushing Spring waters.  Gary was pulled from his car to safety by security guards at Denver Health Medical Center, members of Denver Fire Department Rescue 1 and good samaritans.


For those in the legal community, Gary is larger than life.  Gary has more than 40 years of legal experience and has handled some of the highest profile cases in Colorado.  Gary's passion and love of both the law and justice is ever-present in all that he endeavors.  Gary is well-known in the community for saving the lives of others, particularly when they are falsely or unfairly accused of a crime.  It is only fitting that when his need was greatest, members of our community found a way to save his life.


We want to thank and mention those who risked their lives to save the life of our friend and colleague.  Those people include:



  • Denver Health security guards Omar Salgado & Brandon Skalak
  • Firefighter Chad Cranmer
  • Good samaritan Samuel Kipton
  • Good samaritan Julie Schumacher
  • Good samaritan Sarah Johnson
  • Good samaritans Tim Gillen and Danielle Przychodzin
  • The ER department at Denver Health


While FGMC is proud to bring you this message from our 360 degree view looking out of our new home at 360 So. Garfield Street, we are more pleased to say that Gary is expecting to make a full recovery.  He continues, even when injured, to remind us all of the importance in having a global, 360 degree perspective and to be able to focus on the positive while perhaps engaged momentarily in the negative.  What is remarkable about Gary is not only his unwavering commitment to the practice of law, but is undying dedication to his family.  While running a successful law practice, Gary also has boundless energy to be a husband, father, and grandfather of 5.  Gary was even spotted celebrating his granddaughter's birthday this past weekend.  Gary is also already reviewing files and talking with his clients, which is  not a surprise to any of his friends and colleagues.  If you are so inclined to honor Gary's speedy recovery, donations can be made to "Friends of Denver Fire".


A 360 degree view.  A change of location.  A new building.  A change in perspective.  A new lease on life. We are thankful for Gary's recovery and are reminded every day, through our endeavors to serve our community and clients, that we all have much for which to be grateful.


I hope you will join me in visiting with both Gary and our new 360 degree space at FGMC's Open House on May 24, 2012, from 5pm to 8pm.




David Foster


--David Wm. Foster, Partner

Foster Graham Milstein & Calisher, LLP

Warmly Invites you to our Spring Open House

Join us as we settle into our new space in Cherry Creek


Valet Parking

Cocktails & hors d'oeuvre



Date: Thursday, May 24, 2012 
Time: 5:00 p.m. to 8:00 p.m.
Place: 360 South Garfield Street, Suite 600
Denver, Colorado 80209 

RSVP to info@fostergraham.com or (303) 333-9810
Lara Marks & Chris Carrington - Nationally Recognized in 40 Under 40! 

Congratulations to FGMC's Lara Marks and Chris Carrington, as they both have been named to The National Trial Lawyers Association's Top 40 under 40. The Top 40 under 40 is an invitation-only professional organization, limited to the top 40 lawyers from each state under the age of 40. The selection phase includes peer nominations combined with third-party research.  Additionally, the lawyers must specialize in the areas of civil plaintiff or criminal defense law and be in good standing, while never having been subject to disciplinary action.

Lara and Chris have years of combined experience first-chairing dozens of jury trials, including felonies, misdemeanors, and complex civil matters. 

Please see full recognition here. 

FGMC is proud of its 2012 SuperLawyers and Rising Stars

FGMC is proud to announce that Daniel Calisher and Michael Milstein have been selected for inclusion as 2012 SuperLawyers in the areas of civil litigation for the second year in a row.  FGMC is also delighted to announce that Jennifer Feingold and Lara Marks have been recognized as 2012 Rising Stars in the areas of family law for the third year and criminal law, respectively.  FGMC takes pride in their attorneys' unwavering work ethic, client dedication and legal expertise in all aspects of our respective practice. 
FGMC News & Announcements
  • Gary Lozow  "Alleged Murder Confession Deemed  Not Admissible"; quoted in Denver Post article
  • Brian Proffitt - FGMC congratulates Red Robin's Burger Works on the opening of its second Colorado location, at 1600 California Street in downtown Denver, on May 21.  FGMC is pleased to announce that customers can enjoy an alcoholic beverage with their meals at this new 16th Street Mall eatery.  http://www.rrburgerworks.com/
  • FGMC is proud to announce the addition of associate, Katharine Jensen.  Katharine clerked for the Honorable William D. Robbins of the Denver District Court for the past year.  Previously, Katharine received her B.A. from UCLA in 2007 and her J.D. from the University of Denver in 2011.  She will focus her practice on criminal defense and family law.
  • Daniel Foster was appointed to the Board of Directors for Temple Emanuel.
Jen Feingold



"What Everyone Needs to Know About Colorado Divorce Law" by Jennifer G. Feingold


While the specifics of Colorado divorce law may be complex and confusing to many people, there is some basic information that all lawyers should know to help navigate clients through the domestic legal process. Divorce and custody disputes place people in the most difficult, emotional gut-wrenching time of their life. This is why it is important to understand the process and consult with an attorney who is both skilled and an aggressive advocate in representing clients going through divorce and custody cases. Read the full article here.

Brian Proffitt

"Landlord Rights in a Tenant's Liquor License" by Brian C. Proffitt


            Liquor-licensed establishments are a critical component to the success of many commercial properties. Whether a retail liquor store anchoring a strip center, a build-to-suit chain restaurant drawing traffic from a nearby interstate, or a white tablecloth restaurant in an upscale hotel, liquor-licensed establishments bring attention - and foot traffic - to retail centers. As a result, landlords and property managers have a strong incentive to attract and maintain liquor-licensed businesses among their commercial properties. What many landlords are unaware of, however, is that they may have a legal right to retain those liquor licenses even after a licensee departs. Read the full article here.

Stephen Fermeila
"Property Manager Duties And The Premises Liability Statute" by Stephen A. Fermelia


Property managers are no strangers to dealing with a variety of laws --from federal laws like the Americans with Disabilities Act and Fair Housing Act and their state-law counterparts, to local building codes and ordinances. Property managers should also be acquainted with premises liability law, which addresses the responsibilities occupiers of property owe to persons coming onto their land. Read the full article here.

"Planning for College: 529 Plan Accounts As A Private Scholarship Fund" by Steven M. Weiser


Consider this: for 2010 the College Board estimated that the average annual tuitions to attend a private and public university were $40,476 and $20,339, respectively. Using this as a starting point and assuming 6% inflation, the cost of four years of tuition at a private and public university beginning in 2022 (ten years from now) will be $317,100 and $159,341, respectively. In order to pay for tuition a family would have to set aside $1,550 or $779, respectively (for a private or public university education) each month assuming 5% growth on savings. Now consider that many families have more than one child they hope will attend college. What to do about this predicament?  Read the full article here.