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Q2 2014 Newsletter
August 2014
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(303) 333-9810

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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


Bicycle Accidents 101


Pet Trusts


Sealing Your
Criminal Record


New Liquor Licensed Establishments


:: (303) 333-9810

A Major Loss

Please allow me to take a slight departure in this newsletter to share a very personal loss that I and many of my FGMC colleagues experienced in the last few months. 

Life is about perspective.  When my dear friend Mike Schatz passed away a few months ago, it started to put things in perspective for me.  Mike was a childhood friend of mine, as well as my law partner Michael Milstein, and a friend to many others at FGMC.  Mike was the quintessential "great guy."  He was first and foremost a great dad to Lexi, Zach and Kaitlin.  He was also a great husband to Lisa.  In addition, he was a wonderful friend to many.  Finally, he was a fantastic businessman.   Those who knew Mike have been left wondering "why did this happen to such a great guy?" 

There will never be a good answer to this oft asked question when someone passes away much too early.  It is our job as friends and family to make certain that we give meaning, or bring perspective, to these difficult times.  Mike's untimely death has given me a new perspective on my life.  To that end, I am going to endeavor to do the following:

First, never let a day go by without letting those in my life know that I love them.

Second, appreciate each day.  Every day is a miracle and one that I will cherish. 

Third, be as patient with my family and friends as I am with my clients. Maybe even more patient!

Fourth, appreciate all of the miracles of our everyday life without waiting for an epic miracle.

Finally, recheck these goals frequently and continue to keep my perspective on life and love.

Below is a snippet of the eulogy Michael Milstein and I delivered at Mike's funeral.  Mike will surely be missed but not forgotten.

The Miracle of Love
.  Mike and Lisa are a fairytale love story.  It was a relationship that has spanned 30 years.  The seeds were planted in 1985 on their IST trip to Israel and it was an 18 year courtship that culminated in their wedding in 2003. Their love produced three undeniable miracles.  Lexi, Zach and Kaitlin will be our daily reminders of this miracle of love.  And for some reason, on the very day Mike ended up in the critical care unit, Lisa was wearing the necklace she wore for their wedding, a necklace she had not worn since their wedding 10 1/2 years earlier.  And if Mike could have said one sentence during this eulogy, I suspect he would reach back to find these most fitting words and share them with Lisa.  "But of all God's miracles large and small, the most miraculous one of all, is the one I thought could never be:  God has given you to me."

If you would like to make a donation in Mike's memory, please consider the following at the family's request:  Contributions to Michael Schatz IST Fund, c/o CAJE, 300 S. Dahlia St., #101, Denver, CO 80246.



David W. Foster,




FGMC Briefs


FGMC is proud to announce that Daniel Foster, Chip Schoneberger and Lindsay Hutchinson received a major victory in the Colorado Supreme Court on June 2, 2014 when the Court affirmed an Arapahoe district court order suppressing an improperly obtained blood sample from one of their DUI clients.   It is a precedent setting Order that helps protect the strength and integrity of the Fourth Amendment.  The district attorney's office has indicated it may seek relief in the United States Supreme Court.


Click here to read the Opinion Letter.

Congratulations to FGMC attorneys Danny Foster, Chip Schoenberger and Marcy Ongert for winning an important case against the City of Denver. On July 24, 2014, the Colorado Court of Appeals decided the City of Denver was incorrect in firing Denver Sheriff's Deputy Matthew Carothers following a 2009 incident that the City believed exemplified excessive force and affirmed his reinstatement ordered by Denver Career Service Hearing Officer Bruce Plotkin.

 FGMC's win marks the fourth time the City has failed to reverse Carothers' reinstatement. Additionally, the Colorado Court of Appeals' ruling in favor of Carothers follows favorable rulings by the Career Service Board and the Denver District Court. The City of Denver will be responsible for back wages and other possible costs.

Click here to read CBS Denver's story:


*  Congratulations to Partner Jennifer Feingold who has been elected as Treasurer of the Family Law Section for the Colorado Bar Association
! Jennifer began her term on July 1, 2014 and will serve as an officer for four years, ultimately serving as Chair of the Section.


*  On July 8, 2014, Mayor Michael Hancock reappointed David Foster (Partner) to the Housing Advisory Committee. David heads up the firm's land use and real estate practice.

*  Congratulations to Partner Christopher Carrington who has been invited by the Board of Directors for Colorado Public Radio to join their Community Advisory Board.


Bicycle Accidents 101

By Daniel S. Foster  


As the summer is kicking into high gear I want to tell you about my summer romance that is really awesome. I have recently fallen in love with a new hobby, road biking. Several of my friends road bike and promised me that I would love the hobby and it would fit in perfectly with my running regimen. It was intimidating at first. l needed to learn how to clip into the pedals, how all the components of the bike worked, and most importantly I needed to appreciate that contrary to popular opinion cycling shorts are cool and make me look like a badass. Before I started riding, I thought riders looked ridiculous in their spandex shorts carrying bananas in the backs of their shirts. But I was wrong, these people actually look really cool and I can't believe I ever thought any other way. I recently rode in my first event and it was a sea of spandex, click-clacking bike shoes, and smiles as fa r as the eye could see.

Another thing I have also learned is that riding a road bike can be hazardous to your health. As I was told by my friend, "there are two kinds of riders, those who have crashed their bikes, and those that will crash their bikes." There are many reasons for wrecking: speed, weather, terrain and most concerning, cars! Cars have a tendency to hit riders by getting too close to them on the road or turning in front of bikes sending riders flying through the air. There are also drivers who stop at an intersection and don't look for bikes, they only look for cars. And we cannot forget about the drunk drivers or aggressive drivers who make cyclists feel like second-class citizens. It only takes a second to turn a cyclist's world upside down.

As a personal injury attorney I have had the privilege to represent many cyclists who have been injured by careless drivers. The primary injuries we see are . . .

t a

Pet Trusts: A Few Considerations


Many Coloradans consider their pets as members of their families, and they want to provide for their pets as they would their other family members. Accordingly, many people are concerned about how to include their pets in their estate planning. Fortunately, Colorado allows pet owners to set up trusts for their pets, giving owners flexibility and security in their plans. Here are a few things you should consider when planning for the future care of your pet:

Appointing a Trustee/Caretaker
Pet trusts are considered "honorary trusts" - a term that describes trusts with no human beneficiaries. Unlike human beneficiaries, your pet will be unable to sue the trustee to enforce the terms of the trust. Accordingly, when appointing your trustee, it is imperative that you choose someone you believe will distribute the assets of your trust in accordance with your wishes. You should also consider whether you would like to have a separate trustee and caretaker; or if the trustee will also serve as the caretaker for the pet. Additionally, you may want to . . .


Click here to read the full article.




Sealing Your Criminal Record: Eliminating Public Access to Information about Criminal Cases Resulting in Arrest, Dismissal or Acquittal

by Lindsay N. Hutchinson 



Adam is 22 years old and just graduated from a local university. His undergraduate degree landed him a good job in sales, and he is already making plans to go back to school for his MBA. He has a wide circle of friends with whom he often hits up the local bar scene. One day, after a particularly raucous night on the town, Adam gets a call from a detective. A woman accused him of grabbing her breast outside of a bar. Adam is arrested and his world is turned upside down as he is forced to defend himself in court. Thankfully for Adam, he hires an effective attorney and the case is ultimately dismissed. He thinks the worst is behind him...until he applies for graduate school and is required to disclose information about the case on his application, or he applies for a job and the manager asks about the case during the job interview. Is there anything Adam can do to protect himself from encountering this type of embarrassing - and potentially opportunity barring - experience going forward?       


Click here to read the full article.



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



Coda Brewing Company, LLC

6900 E. Pinery Parkway, Parker 80134


38 State Brewing Company, LLC
2100 Curtis Street, Denver, CO 80205


Chapel Hills 13
1770 Briargate Blvd., Colorado Springs, CO 80920


Longhorn Steakhouse
9625 East County Line Rd., Centennial, CO 80122