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FGMC Newsletter
 Fourth 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 



Lara M. Baker  

 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  

Chandler Kelley  

Gary Lozow 

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.

:: (303) 333-9810

Dear Friends,




As the Holiday Season is upon us once again, and another year comes to an end, we find ourselves reflecting on the past year and on all of those clients, friends and associates who have helped to make the progress of our Law Firm possible. We would be remiss however, in not acknowledging, with great sadness, the tragedies that befell not only our community this past year, but those that recently occurred in Connecticut. This will be a particularly difficult time for those directly affected by the tragedies and our hearts and thoughts are with them.     


In addition to moving to our new offices in Cherry Creek, we welcomed several experienced and talented attorneys and staffers in 2012 and look ahead to 2013 with great anticipation and renewed confidence. We value our relationships with all of you and look forward to working with you in the year to come. It is in this spirit that we wish you a very happy Holiday Season and a New Year filled with peace and prosperity.



Very Truly Yours,

Bob Graham



Bob signature  


--Bob Graham, Partner

FGMC News & Announcements
  • Welcome to our new associate Chandler Kelley who focuses his practice on complex civil litigation, and currently specializes in secondary market mortgage disputes.  Chandler's experience also includes trade secrets, class actions, securities fraud, and civil rights.  When not swamped with work, Chandler enjoys snowboarding, rafting, and other outdoor activities inconsistent with being a desk-bound lawyer.  Chandler can be reached at (303) 333-9810 or ckelley@fostergraham.com.
  • David S. Canter has been approved by GMAC Insurance to act as GMAC's panel counsel for the State of Colorado.  David will continue to represent GMAC Insurance and its insureds in various civil actions seeking to recover damages for personal injuries and losses arising from motor vehicle accidents.
  • Following GMAC's nomination, David S. Canter has become a Premier Member of the Claims Litigation & Management Alliance, the only national organization created to meet the needs of professionals in the claims and litigation management industries.  Among other things, it is CLM's mission to promote and further the highest standards of claims and litigation management, and CLM brings together the thought leaders in both industries.
  • Dan Garfield was named 2013 President-elect for the Rocky Mountain Chapter of the Turnaround Management Association, an international non-profit association dedicated to corporate renewal and turnaround management, and will serve as President in 2014.

  • Steven Weiser will be a member of the faculty for the Colorado Bar Association/CLE program on advising small businesses on February 27, 2013.  Steven will be part of a panel addressing tax and choice of entity considerations for small businesses.  If you would like to attend please let us know.  Steven was also named a Five Star Wealth Manager in Denver in the area of estate planning.  The designation of Five Star professionals is a joint effort of Five Star Professional, 5280 magazine and ColoradoBiz magazine.   
  • Brian Proffitt was recently invited to join the Alliance of Alcohol Industry Attorneys & Consultants, a select national organization of alcoholic beverage licensing and compliance professionals.  AAIAC coordinates beverage licensing for national acquisitions and other public and private transactions as well as providing referrals to trusted local professionals for licensing and compliance in all fifty states. 

David Canter2 "A Euphemistic Look at the Death of a Party Opponent" by David S. Canter

You discover that your business partner of 20 years has swindled you out of hundreds of thousands of dollars. Your initial reaction may be, "He should drop dead." You then pause for a moment to reflect, adding the caveat, "but not until after I sue the bastard."

What if your wish comes true? What if you file a lawsuit against your former partner, and before you have a chance to present your case to a jury, your former partner dies? While your fantasies of watching your former partner squirm under grilling cross-examination may have passed on with him, your lawsuit may still have life - if you act timely. Click here to read the full article.   



Brian Proffitt

"Show Cause Stipulations: What They Can Mean for Your Restaurant" by Brian C. Proffitt



Restaurants receiving a violation of the Colorado Liquor Code or the Colorado Food Protection Act are sometimes offered the opportunity to enter into a stipulation - a settlement agreement - to resolve alleged violations. Restaurant owners should be aware of the ramifications of signing stipulations in Colorado, however, as stipulations can create greater obligations than those set forth by state or local laws, may deprive restaurants of their legal rights regarding future violations, and may lead to unforeseen problems for the restaurant. Click here to read the full article.  




Lara Marks
"Avoid Trouble at Holiday Time" by Lara Marks Baker

The holiday season can be a wonderful, happy time for families.  But for some, it can also be a time of stress, anger or loneliness.  All too often, this practice sees clients who, in a moment of miscommunication or anger at their romantic partner, find themselves with a criminal matter whose effects last a lifetime.  The term "domestic violence" is not reserved for assaults or violent crimes, and it is a misconception to believe otherwise.  To the contrary, most of the domestic violence cases we see involve alleged harassment of some kind, whether it be via email, telephone or other electronic medium.  The pattern is often the same.  Romantic partners are in the process of a breakup, one moves in a direction that seemingly disrespects or disregards the other. Click here to read the full article.  


"Last Minute Tax Planning and a Glimpse of 2013" by Steven M. Weiser

By now, everyone should be well aware of the looming "fiscal cliff" that is receiving daily media attention. Attempts at a compromise between Republicans and Democrats seem a nightly highlight of evening news broadcasts. The specifics concerning the causes of the fiscal cliff are beyond the scope of this article, but it should suffice to say that a large reason for the concern centers on the so-called "Bush-era tax cuts" mostly enacted in 2001 and 2003. This is a particularly busy time of year for tax planners, and 2012 is one of our busiest year-ends in recent memory. With a few weeks to go it isn't too late for some last minute tax planning. In this article we offer some suggestions for last minute tax planning, broken down into strategies for individuals, businesses and then with respect to estate and gift tax planning, and also take a look towards 2013's tax laws (as best we can). Click here to read the full article.


Jen Feingold
"Over the River and Through the Woods... Whose House Are We Going To? Family Law top Do's and Don't's For the Holiday Season" by Jennifer G. Feingold

The holidays are a precarious mixture of jovial gatherings and chaotic celebration for even the strongest of family units. For those more fragile families who are newly separated, divorced and/or blended - the holidays can be a combination of discord that leaves one fear and loathing as those jingle bells start to play. For children, the holidays encompass all that is good - the joy, love and whimsical fantasy of The Polar Express, flying reindeer and spinning dreidles. How then, can a separated or divorced family navigate the holiday conundrum of dividing a holiday? Common issues such as "But mom, I want to be able to go with dad to Grandma's house for lunch and he says I have to come home to you at noon" to "can't I please sleep here with you tonight for Christmas Eve?" to what happens when Christmas and Chanukah fall on the same night, can hamper both parents and children's ability to truly enjoy the holiday season.


Click here to read the top 5 'Do's" and 'Don'ts' for the holiday season.






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


True Food Kitchen

2800 E. 2nd Ave., Ste. 101

Denver, CO 80206



Buffalo Wild Wings

1740 Prairie Ave.

Cheyenne, WY 82009



The Manor House

1 Manor House Road

Littleton, CO 80127



Ceramics in the City

1912 Pearl St.

Denver, CO 80203