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Q1 2014 Newsletter
April 2014
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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 

Land Use and Zoning 

Liquor Licensing 


Personal Injury 

Real Estate 

Tax and Estate Law 



Lara M. Baker  

 Michael C. Bullock  

Daniel K. Calisher 

Christopher P. Carrington 

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 

Lawrence G. Katz  

Chandler Kelley  

Gary Lozow 

Melanie MacWilliams-Brooks

Laura M. Martinez 

Michael G. Milstein 

Marcy M. Ongert 

Elizabeth J. Peros 

Brian C. Proffitt 

Chip G. Schoneberger 

Steven M. Weiser 



What is in this newsletter?


FGMC Briefs


Maintenance in CO


Investing in CO's Growing Marijuana Industry


Court of Appeals Decision re Pot Possession Records


New Liquor Licensed Establishments


:: (303) 333-9810

Dear Friends,



Like many of you I lost a dear friend several months ago and it has been really hard to say good-bye. The final season of Breaking Bad ended just a few months ago and I am still in a post-Walter White/Jesse Pinkman depression.   For those of you who are not mourning the end of this brilliant TV series it means that you either have no soul, or more likely you haven't started watching the series yet. In which case I am jealous of you and the fun you are going to have with your Netflix account.

The person I miss the most from Breaking Bad is of course Saul Goodman, the self-promoting, criminal minded lawyer who operates out of the store-front of a strip mall. His TV tag line, "Better call Saul" has become the stuff of internet legend. If you google that term you will see several incredible Saul Goodman TV ads promising big bucks on any and all personal injury cases you bring to him. In fact Saul doesn't even require that you have a case, he will help you create a case to sue somebody, anybody.

Sadly, the over the top antics of Saul Goodman are only a slight exaggeration of the opinion much of American society has of our legal system and personal injury attorneys in particular. For years I have held the opinion that we lawyers have only ourselves to blame. Whenever you turn on the TV or drive by a billboard or bus bench all you see are personal injury attorneys promoting their services. While we are legally entitled to mass-market advertise, the real question is should we? I am a believer in the free market system and "to each their own", but sometimes what I see on TV turns my stomach. There has to be a classier way for attorneys to let prospective clients know that they are out there. As a personal injury attorney I couldn't be any less like Saul Goodman or some of the other TV lawyers if I tried. To be lumped in with these lawyers is disheartening to say the least. But as a personal injury attorney I have the highest level of respect for our field of law which helps so many people who are going through such terrible ordeals.

We at Foster Graham Milstein & Calisher, LLP have prided ourselves on generating almost all of our business the old-fashioned way, through community involvement, networking, and most importantly getting referrals from friends, colleagues and satisfied former clients. While we do have a small advertising budget for a little print media, we have always expected that our top legal talent and fantastic results are the best ways to get new clients to retain our firm. We invite you to come and visit us to determine whether our firm is right for your corporate needs, personal needs, or even if you have been injured in an automobile accident. FGMC welcomes the opportunity to serve you for many years to come. And if you haven't started Breaking Bad yet, I suggest you get started, Heisenberg is waiting!  



 DSF sig





--Daniel S. Foster, Partner 




FGMC Briefs

*  Effective January 1, 2014, the firm has named Chris P. Carrington, David S. Canter, and Chip G. Schoenberger as Partners to the firm. 


*  Three lawyers of the firm have been selected for inclusion in the 2014 Colorado Super Lawyers.  Congratulations to Dan K. Calisher who was designated as a 2014 Super Lawyer and to Lara M. Baker and Chris P. Carrington who were designated as Rising Stars.


*  On March 10, Shareholder Gary Lozow was featured in a Law Week Colorado article regarding the challenges of navigating through ethical and legal issues surrounding client confidentiality.  Read their article, "A Lesson in Confidentiality", to learn more.


*  On March 20, Senior Counsel Dan J. Garfield participated on a panel for the Rocky Mountain Chapter of the Turnaround Management Association on "The Business of Pot."  Dan represents individuals and business in a variety of matters, from formation through exit, including mergers ad acquisitions, debt and equity financing, contract negotiation and drafting, corporate governance, and financial distress. 




Maintenance in Colorado

By Lorna H. Horton 



As of January 1, 2014, the maintenance statute has been amended to include some new provisions. The basis and intent of the statute remains focused on providing economic support when a spouse is in need and the other spouse has the ability to pay. The legislature recognizes that the economic lives of spouses are frequently and closely intertwined in marriage and in certain situations spousal maintenance may be necessary.

The changes to the maintenance statute reflect the legislature's belief that courts, and litigants alike would benefit from a more detailed statutory framework for determining fair and equitable maintenance awards. Thus, the maintenance statute now includes provisions with a suggested "guideline amount and term of maintenance." This addition to the statute gives the courts and litigants a starting point for determining fair and equitable maintenance based on number of months the parties were married. The guidelines specifically outline a mathematical formula for the courts to consider when determining the amount and length of appropriate maintenance. It is important for party's to understand that the guidelines are a mere suggestion and not an entitlement. Moreover, the Courts are still required to consider each case on a case-by-case basis taking into account the length of marriage, the health of the party's and the lifestyle of the party's during their marriage.


The statute has also been expanded to include changes to . . .


Legal Issues Associated with Colorado's Growing Marijuana Industry



Do you have an interest in investing, owning, lending, or making any other financial commitment in Colorado's growing marijuana industry? Here are some legal issues to keep in mind:

*    Marijuana possession and sale remain illegal under federal law. While the Department of Justice has indicated that it will not typically shut down marijuana businesses that strictly comply with state law, it is doing so to conserve limited law enforcement resources, not because it is legal under state law. No matter what legal or financial arrangement you make, you are always at risk of federal officials investigating you, taking your property and assets, and seeking your conviction. A few state court judges have been known to refuse to enforce contracts involving marijuana businesses because it is illegal under federal law.

*    To be an owner, no matter how small the percentage, of a retail or grow facility, you must . . .

Click here to read the full article.



Recent Court of Appeals Decision May Prove Significant for Those with Record of Pot Possession

by Lindsay N. Hutchinson 



According to the state's second-highest court, some people who were previously convicted of criminal offenses related to possessing marijuana may be entitled to have those convictions overturned thanks to recent changes in the laws concerning recreational pot use. In a decision announced on March 13, 2014, the Colorado Court of Appeals ruled that Amendment 64, which decriminalized possession of an ounce or less of marijuana for personal use, applies retroactively to those cases that were on appeal or subject to other post-conviction relief when the amendment took effect. While interpretations of the court's ruling vary, it is clear that not every person who has previously been convicted of possessing marijuana will be eligible for relief under this rule. The court's decision appears to be limited to specific convictions that were sustained within a certain amount of time before December 10, 2012 - the effective date of the Amendment. Whether a conviction is eligible to be overturned is a question that should be evaluated on a case-by-case basis by a qualified attorney.  


 Click here to read the full article.




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


Havana Park Liquor

10722 E. Iliff Ave., Aurora, CO, 80014


The Curtis Club

2100 Curtis Street, Denver, CO, 80205



4 Noses Brewing Company

8855 W. 116th Circle, Suite 4, Broomfield, CO, 80021



Saint Patrick's Brewing Company

4750 S. Santa Fe Circle, Unit 2, Englewood, CO, 80110



The Pinery Country Club

6900 E. Pinery Parkway, Parker, CO, 80134



The Club At Pradera

5225 Raintree Drive, Parker, CO, 80134



The Monkey Barrel

1611 Platte Street, Denver, CO, 80202



Yard House

14500 W. Colfax Ave., SP R-1, Lakewood, CO, 80401



Yard House

1555 Court Place, Denver, CO, 80202



Hotel Elegante Conference & Event Center

2886 S. Circle Drive, Colorado Springs, CO, 80906



Patxi's Pizza

1598 E. 17th Ave., Denver, CO, 80204



El C's Mexican Bistro

4326 Tennyson Street, Denver, CO, 80212




437 W. Colfax Ave., Denver, CO, 80204



REFA Distributing Co., Inc.

1850 Business Center Dr., Duarte, CA, 91010


Olive Garden Italian Restaurant

14175 W. Colfax Ave., Lakewood, CO, 80401



Ambli Gourmet Eatery & Wine

600 S. Holly Street, Unit 114, Denver, CO, 80246



Trader Joe's

750 & 790 Colorado Blvd., Denver, CO, 80206



Trader Joe's

5910 S. University Blvd., Suite E-1, Greenwood Village, CO, 80121



Trader Joe's

1906 28th Street, Boulder, CO, 80301



To the Wind Bistro

3333 and 3335 E. Colfax Ave., Denver, CO, 80206



The Toad Tavern

5302 S. Federal Cir., Unit 2, Littleton, CO, 80123



Longhorn Steakhouse

100 E. 120th Ave., Bldg. A, Northglenn, CO, 80233



Grimaldi's Pizzeria

500 16th Street, Suite 128, Denver, CO, 80202