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FGMC Newsletter
 Third 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 

Tax and Estate Law 



 Michael C. Bullock 

Daniel K. Calisher 

David S. Canter 

Jennifer G. Feingold 

Daniel S. Foster 

David Wm. Foster  

Daniel J. Garfield 

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 

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,




When I was told that our law firm was moving to Cherry Creek, I didn't envision a stop in the creek along the way. Time has passed, and I have learned many lessons from my accident. The teachers have been diverse and significant. My family could not have been more supportive. My wife, all of my children and their spouses, my brother and sister, and their spouses have been there to help me.


The good Samaritans will always be part of my life. They have taught me that one should never look the other way. When and where I get the opportunity to help a fellow human being, I only hope that I can do for others what was done for me.


Medical professionals, relatives, friends, colleagues, clients, and acquaintances reached out to help me mend the injures and touched my soul. I have to confess that good scotch sped the recovery. As a legal family, FGMC has held my clients' hands and explained my absence to multiple judges along the way. The firm, its lawyers and staff literally had my back.


All is well. Life is good. I have mended and am back to practicing law full-time with passion. I want everyone to know I will never forget the vast number of people who made this all possible. I could not have done that without each and every one of them.


I hope I am able to give every person in my life, including my clients, a gift in some fashion, not unlike the gift I have been given.

Thank you.


Very Truly Yours,




  Lozow signature


--Gary Lozow, Partner

FGMC News & Announcements
  • During the November General Election, David Canter will be working with the Voter Protection Effort and Jack Arrowsmith, the Douglas County Clerk and Recorder, to help ensure that all votes cast in Douglas County, Colorado will be counted.
  • Daniel J. Garfield made a presentation on "Mechanics' Liens in Bankruptcy" at the Colorado Bar Association on September 6.
  • Bob Graham was recently named to the Board of Trustees for mylifeline.org and also recently named to the Board of Friends of Slavens School.  
  • Daniel Foster was recently named to the Temple Emanuel Board of Trustees.  
  • FGMC recently represented former Colorado governors Bill Ritter, Bill Owens, and Richard Lamm, in a highly-publicized case currently in the Colorado Supreme Court.  The case is Lobato v. State of Colorado, and will decide the issue of whether Colorado's public school finance system is unconstitutional.  The Lobato plaintiffs argue the system provides insufficient funding for public schools.  FGMC filed a joint brief on behalf of the former governors as Amicus Curiae, or "Friends of the Court," arguing that the adequacy of public education and its funding are political issues for the legislature and executive branches to resolve, rather than the courts.  The governors also argue that increasing school funding necessarily decreases funding for other state programs that are supported by the same limited state resources.  To view the brief, click here     
  • Jennifer Feingold just completed her term as President of the Colorado Chapter of the Association of Family and Conciliation Courts - an interdisciplinary organization of professionals dedicated to improving the lives of children and families through the resolution of family conflict.

  • FGMC would like to congratulate our clients on their recent liquor-licensed restaurant openings: 


BJ's Restaurant & Brewhouse

1690 28th Street

Boulder, CO, 80301



Buffalo Wild Wings

980 Sgt. Jon Stiles Drive

Highlands Ranch, CO, 80129



Buffalo Wild Wings

2412 Highway 6 & 50

Grand Junction, CO, 81505



Organic Pizza Company

891 14th Street, #120

Denver, CO, 80202



Asaderos Mexican Restaurant

5400 W. Alameda Ave.

Lakewood, CO, 80226. 



Red Robin's Burger Works

2700 Arapahoe Ave., Unit 370

Boulder, CO, 80302










Weiser Tax Planning In Light of Scheduled Tax Increases, by Steven M. Weiser, Esq.
You may recall that back in 2001 Congress passed the Economic Growth and Tax Relief Reconciliation Act of 2001. This massive piece of legislation formed the centerpiece of President George W. Bush's tax policy and in conjunction with some additional 2003 legislation became know as the "Bush-era tax cuts." Because the 2001 legislation purported to create a large federal deficit beyond ten-years of enactment, and because of legislative rules concerning legislation creating such deficits (a discussion of which is beyond the scope of this article) the 2001 legislation contained a "sunset" provision. This sunset provision called for the elimination of all Bush-era tax cuts following 2010, and a reversion to tax laws as they existed before the 2001 legislation.


Katharine A. Jensen: The Modern-Day Annulment: Obtaining a Declaration of Invalidity of Marriage 

            One of the most commonly misunderstood processes in Colorado family law involves the procedure for filing for a declaration of invalidity of marriage, frequently referred to as an "annulment."  Colloquially, we refer to "filing for an annulment" as the procedure one might take to invalidate a short-term Katharine Jensen marriage.  To the contrary, obtaining a declaration of invalidity of marriage has very little to do with the length of the marriage.

            A court's declaration of invalidity of marriage applies retroactively back to the date of the marriage, so that it is as if the marriage never took place.  The law regarding declarations of invalidity of marriage can be found in Colorado Revised Statutes, Section 14-10-111.  Unlike the standard to obtain a divorce, which only requires that the marriage be irretrievably broken, one seeking a declaration of invalidity of marriage must prove that the marriage meets a specific legal qualification. Please click here to read the rest of the article. 
Daniel J. Garfield: Preserving A Contractor's Mechanic's Lien, Trust Fund, and Contract Rights Before and In Bankruptcy 

Contractors, developers, and lenders know the risks that come from uDan Garfieldnfinished or delayed projects and unpaid work. For that reason best practices have always included tracking first visible work, last day of work, and other issues important to perfecting and enforcing mechanic's lien and trust fund rights. The potential or actual bankruptcy of a project participant introduces new challenges and risks which can be managed efficiently and cost-effectively with prudent planning and risk management. Parties in a bankruptcy case are subject to the expense and uncertainty inherent in all litigation. Please click here to continue reading this article.  


Brian Proffitt

"Denver Eliminates 500-Foot Distance Restriction for Certain Licensees" by Brian C. Proffitt


          The Colorado Liquor Code generally prohibits liquor-licensed establishments from being located within five hundred feet of any "public or parochial school or the principal campus of any college, university, or seminary." By subsequent regulation and case law, this prohibition has been clarified and expanded to include all "land used for school purposes." As a result, the five hundred foot buffer does not merely surround school buildings themselves, but also surrounds school playgrounds, parking lots, and even off-campus sports facilities owned and used by schools. Please click here to read the full article. 


Danny Foster authors article in the Glendale Cherry Creek Chronicle: "How Can You Sleep at Night Mr. Criminal Defense Attorney?" 


"How do you do it Danny? How can you sleep at night? How can you possibly defend the people you defend, especially the ones you know who did it?? If I had a dollar for every time I was asked that question I wouldn't need to practice law. I would be retired. Please click here to read the full article.  

Bob Graham  
"Bankruptcy Myths and Reality" by Robert G. Graham 


Since the passage of bankruptcy reform in October of 2005, several myths have proliferated regarding the bankruptcy process. Most are perpetuated by creditors and collection agencies who have a financial interest in making people think they cannot file bankruptcy. In today's difficult economic climate, bankruptcy can be an effective way of saving your home from foreclosure, saving a car from repossession, getting out from under your bills you cannot afford to pay and obtaining a fresh start.  Please click this link to read the 7 bankruptcy myths and realities.