FGMC logo
Q3 & Q4 2014 Newsletter
November 2014
Join Our Mailing ListView our profile on LinkedIn
Like us on Facebook

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

Michelle L. Berger  

 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 

Brian C. Proffitt 

Chip G. Schoneberger 

Steven M. Weiser 



What is in this newsletter?


FGMC Briefs

Michelle Berger


Social Media


Lemon Law


New Liquor Licensed Establishments


:: (303) 333-9810


On behalf of everyone at FGMC, I wanted to extend our firm's appreciation to all of our friends, clients and colleagues who have served in the military. We are grateful for your service and sacrifices. Thank you to our veterans, and to everyone currently serving.


I am also excited to announce that FGMC was invited into and has accepted membership with Mackrell International. Mackrell is made up of nearly 100 law firms throughout the Unites States and is in more than 60 countries around the world. Mackrell members are all mid-sized local or regional firms, and are carefully screened before they are accepted into membership. FGMC is the exclusive Colorado-based law firm in Mackrell.


By affiliating with Mackrell, FGMC is now part of a network of law firms throughout the United States and the world, enabling us to provide our clients with immediate access to top notch legal services whenever a need arises outside of Colorado. The member firms all have strong commercial law backgrounds and expertise dealing with business problems in their own state or nation.


FGMC has always asked our clients to make FGMC their first call, whenever they have legal needs, whether the matter arises in Colorado or anywhere else. Now, when our clients need legal services outside the state-whether it's in Alabama, Sweden, or Hong Kong-we can efficiently connect you with experienced local counsel.


David Foster and I attended our first Mackrell meeting in Los Angeles last week to personally meet many of the other member lawyers to ensure that when a client needs a contact, we are making referrals to people we know and trust. We are excited about this new resource, and expect that it will allow FGMC to better assist our clients, wherever their need for legal services may be.


Have a great winter, safe and fun holidays, and a fantastic 2015.



Milstein signature  

Michael G. Milstein,




FGMC Briefs

 *  Congratulations to David S. Canter who was elected Vice-Chair of the newly-formed, General Liability Committee for the Colorado Defense Lawyers Association.

Senior Counsel Dan Garfield, 2014 President of the Rocky Mountain chapter of the Turnaround Management Association (TMA), was named a member of the 2015 Chapter Presidents' Council of TMA Global and an at-large representative for TMA Global' s executive board for 2015.  TMA  is a global non-profit organization comprised of turnaround and corporate renewal professionals with more than 9,300 members in 49 chapters in North America and around the world.



FGMC Welcomes Michelle L. Berger
as our new Senior Counsel 


Michelle has been involved in the construction industry for over 20 years as both an engineer and an attorney, and comes to us from Concrete Express, Inc. (CEI), where she served as General Counsel for the past 8 years. Prior to working at CEI, Michelle was a solo practitioner in both Colorado and Minnesota; worked with West Publishing as a Lead Attorney Editor and Special Projects Manager; and served as a Construction Project Manager and Contract Administrator with the U.S. Army Corps of Engineers.


Michelle earned her BS in Civil Engineering from the South Dakota School of Mines and Technology; and both her Juris Doctor and Master of Laws in Taxation from the University of Denver.   Michelle's practice will focus on Construction Law, Real Estate, Zoning and Land Use, Regulatory Compliance, Government Contracting and Employment Law.   In addition to serving new clients at FGMC, Michelle will continue to serve as General Counsel for CEI.

Michelle can be reached at mberger@fostergraham.com or (303) 962-7081.


Social Media - Be careful what you
post, because I am going to use it!


No one loves Facebook videos of cats chasing large balls of twine more than I do.  And if I am fortunate enough to find a video of miniature goats frolicking through a pasture you can bet my daughter and I will spend hours analyzing each hair on the little goats' chins. 


But my favorite video is when I see someone who I have sued for injuring my client doing shots of vodka, or posting comments about their recreational marijuana use, or otherwise implicating themselves in the wrongful acts that injured my client.  You can bet that if those are publicly accessible videos and comments, I will be downloading them and using them as exhibits in a trial or deposition to attack the defendant. And the best part is that in many circumstances, the judges will allow this type of evidence to be admitted. 


Even though Facebook and social media has only been around for the past 10 years or so, lawyers across the country have developed a keen understanding of how to make this medium work to their clients' advantage in litigation.  And whether you have a fondness for posting pictures of your high school reunion, a recent booze cruise, or you just want to . . .


Click here to read the full article.




Colorado's Lemon Law:
Tips to Ensure Maximum Recovery 

By Melanie MacWilliams-Brooks 


Under Colorado's Lemon Law (codified at C.R.S. § 42-10-103), purchasers of new cars with irreparable defects are entitled to a replacement of the car, or a refund of the full purchase price (including sales tax, license and registration fees, and any other governmental charges), less a "reasonable allowance" for the purchaser's use of the vehicle. However, many people who should receive an exchange or refund under the Lemon Law's terms end up foregoing these remedies because they are not familiar with the law.

Here are some quick tips to help ensure that you receive the protections you deserve under the Lemon Law:

Click here to read the full article.




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


Taziki's Mediterranean Café
100 E. 120th Ave., #C110, Northglenn, CO 80233

4733 Lipan St., Denver, CO, 80211

Jim 'N Nick's Bar-B-Q
6325 E. Hampden Ave., Denver, CO 80222

Seasons 52
8325 Park Meadows Center Drive, Lone Tree, CO, 80124


Hopdoddy Burger Bar
1747 Wynkoop Street, Denver, CO 80202



Trader Joe's #302
661 Logan Street, Denver, CO, 80203


Applebee's Neighborhood Grill & Bar
2030 Ken Pratt Blvd., Longmont, CO, 80501


Perry's Steakhouse & Grille
8433 Park Meadows Drive, Suite D154, Lone Tree, CO 80124



Texas Roadhouse
210 Miracle Street, Evansville, WY 82636



Saint Patrick's Brewing Company, LLC
2842 W. Bowles Avenue, Littleton, CO, 80120