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Q1 Newsletter
 April 2013
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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  

David J. Dansky  

Jennifer G. Feingold 

Daniel S. Foster 

David Wm. Foster  

Daniel J. Garfield 

Michael J. Gates 

Robert G. Graham 

Lorna H. Horton

Elliott R. Husney

Evan J. Husney

Lindsay N. Hutchinson  

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 



:: (303) 333-9810

Dear Friends,


Well even though the snow has been falling (finally) and most of us are still skiing and enjoying other winter activities, it is definitely time to start thinking about springtime and the ubiquitous spring cleaning. Of course spring cleaning doesn't just mean hosing down the garage and scrubbing the patio furniture, it
means getting your life organized! Taking care of some of those things that we constantly put off doing despite the fact that we know they are important. You know those TO-DO list items that always seem to be on the backburner.



The list includes:


  • Get a Will
  • Get an Operating Agreement for your Business
  • Get that auto insurance upgraded


I recently wrote an article for the Glendale/Cherry Creek Chronicle explaining in greater detail how easy it is to take care of those important things that can have such a huge impact on our lives.  I encourage you to look at your own "To-Do" list and make sure that you don't procrastinate any longer.  At FGMC we are now 26 lawyers strong and we are always available to help you, your family and your business check off those "To-Do" list items.    


All the attorneys and staff at Foster, Graham, Milstein & Calisher, LLP wish you a happy springtime and look forward to seeing you all burning some calories at the Cherry Creek Sneak!




Very Truly Yours,



DSF sig



Foster, Partner

New Attorneys group shot
FGMC Briefs

*  Please join me in welcoming our new attorneys! Left to right, Elliott R. Husney, Evan J. Husney, Lindsay N. Hutchinson, David J. Dansky, and Lorna H. Horton. Click here to read more. 

*  Check out Gary Lozow's interview on MSNBC  regarding the James Holmes trial and prosecutors seeking the death penalty. http://video.msnbc.msn.com/msnbc/51393318#51393318

*  If you have been to our office lately, you'll notice that we have a pair of geese camped out in our planter - Please be careful when driving in the garage! We have not decided on names for them yet, so if you have any suggestions, please let us know.


Lorna H. Horton


By Lorna H. Horton

In Colorado, maintenance, also known as alimony, has long been subject to the discretion of the Court based on a party's financial needs as compared to the other party's ability to pay. Colorado is currently considering adopting guidelines for the initial determination of spousal maintenance that would change how maintenance awards are determined. Specifically, pending House Bill 13-1058 creates a process, including guidelines as to amount and term, for determining an award for spousal maintenance at temporary or permanent orders in proceedings for dissolution of marriage, legal separation, dissolution of civil unions or declaration of invalidity filed on or after January 1, 2014. 



Automobile Accidents and Compensation,
by Danny S. Foster 


For over 13 years I have been fortunate to help clients who have suffered injuries in automobile accidents. Some of these injuries were minor and the client made a full recovery, and in some circumstances the injuries were catastrophic. I have represented the families of victims who died in automobile accidents or have had to help their loved ones recover from life changing injuries. It is among the most rewarding parts of my practice when I can hand my clients a settlement check that will significantly change their lives.


As I tell every personal injury client that comes into our office, I am not a doctor. I cannot heal your injuries. I am here for one reason, to work my hardest to obtain as much money as possible to compensate you or your loved one. I am never shy about asking for money to compensate clients, and you shouldn't be either. If someone has caused you an injury, however slight, you are likely entitled to compensation and you should not be feel greedy, embarrassed or ashamed about asking for this money.





Tax Consequences of Contributing "Sweat Equity" for LLC and Partnership Interests

by Steven M. Weiser, Esq.




When counseling clients with regard to forming new business entities, I'm always interested in understanding what "capital" the owner or owners of a business are planning on contributing to get the new business started. It isn't uncommon to find one owner contributing cash or property and another owner contributing "sweat equity." I also frequently meet with business owners who are interested in rewarding their key employees with an ownership interest in their partnership or limited liability company for the employees' past and future services to that business. The concept of contributing services to a business or rewarding employees for past or future services with the grant of ownership interests isn't uncommon. What is uncommon is the business owner that understands the tax consequences that come with the grant of partnership interests in exchange for services and how to plan around potential tax pitfalls.






Brian Proffitt
FGMC & Brian Proffitt would like to congratulate our new liquor licensed establishments:

Carte Blanche Restaurant & Lounge 

13740 E. Quincy Ave., #9, Aurora, CO, 80015


Conoco Store/Circle K #6546

7680 Pena Boulevard, Denver, CO 80249


Alamo Drafthouse Cinema

7301 S. Santa Fe Dr., Littleton, CO, 80102



Gather/Galvanize 1.0

1062 Delaware St., Denver, CO 80204

Native New Yorker

35 W. Springer Drive, Highlands Ranch, CO, 80129