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Q1 2015 Newsletter
March 2015
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Practice Areas




Criminal Defense 

Election Law 

Employment 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 

Daniel S. Foster 

David Wm. Foster  

Daniel J. Garfield 

Michael J. Gates 

Robert G. Graham 

Evan J. Husney

 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 

Lindsay N. Richardson

Chip G. Schoneberger 

Steven M. Weiser 




What is in this newsletter?


FGMC Briefs


Personal Injury Case
a $7.5 Million Success 


Construction Defect



Real Estate Sales


Liquor License Update


(303) 333-9810

360 S. Garfield St., Ste 600
Denver, CO 80209 

"Bang, Bang, Oink, Oink"                                                            


What's happened to our society? Sometimes I just can't entirely understand what people are thinking anymore, and I am often unable to tell my kids that everything is going to be alright.  My daughter is constantly asking me if we will have to worry about ISIS coming to America to kill us. There are daily terrorist killings including a recent massacre in a museum in Tunisia. Russia is getting aggressive with its neighbors, and North Korea is up to its usual antics.  There's not much assurance I can give my kids about the fate of the world, and that's because there's little I can do to impact the fate of the world (believe it or not the world does not revolve around me).


But there are equally troubling issues that are going on in our own backyard and unless we as a society get our act together it will have a much more direct and immediate impact on our lives than Kim Jong-un's insane ramblings. I'm referring to the intense backlash against law enforcement that has reared its ugly head.  This isn't just happening in Ferguson and Staten Island, but in Denver and many, many other cities across this country.  The title of my article "Bang, Bang, Oink, Oink" was the chant from a recent "march" in Texas where a fringe element of the Black Panthers, holding semi-automatic rifles held a rally.  It's pretty disturbing video.

These protestors were openly calling for the assassination of police.  I have no doubt that the person who shot this video and promoted it on youtube has his own agenda, but the video is clearly evidence of a growing trend supporting violence against the police.  There was a 56% increase in police officers who were murdered on-duty in 2014 compared to 2013, and I fear 2015's numbers will eclipse those of 2014.

As a strong believer in civil rights and equality under law, I have no tolerance for bigotry or racism. Zero. Nada. None. My father marched with Dr. Martin Luther King, Jr. in Montgomery in 1965 and he instilled in my brother, sister and myself a strong sense of civil justice.  That's partly why I became an attorney. Without sounding too cliché, I became an attorney to help people. As an attorney, I have helped people charged with crimes, injured people, and for the last 15 years, I have had the honor to represent police officers and sheriff's deputies.  Our law firm is fortunate to be one of a handful of law firms in the state of Colorado that is designated to represent police through the Fraternal Order of Police, the largest police union in the country.  


In my years of doing this work, I have represented all types of law enforcement, including those who made some honest mistakes, some whose actions were improper, and many officers who didn't do anything wrong and were improperly charged with a crime or fired and we successfully fought to have them exonerated. What I have learned, above all else, from representing police, is that police officers are human beings, subject to the same fears, anxiety, and concerns as any other person.  And their job is brutally dangerous.   For police officers and their families to have to suffer the harassment and indiscriminate violence they have been facing is simply unacceptable. 


For those people who have disgraced our City by vandalizing the Denver Police Memorial and marched in the streets calling cops obscenities, I can only say that I sure hope they don't plan on calling a police officer when someone vandalizes their car, or assaults them, or breaks into their house.  But you know what? The same people who threw paint on the DPD Memorial will not hesitate to call 911 when they need help.  And you know what else? The same police who were taunted and threatened and insulted will do their jobs and risk their lives for the same citizens who chant "bang, bang, oink, oink".


To peacefully protest is our right as Americans.  It is essential to our society that we can publicly address issues that impact our lives.  But we cannot let violence be the messenger or the message.  We must deal with these issues professionally, humanely and without unnecessary violent rhetoric that keeps rearing its ugly face.  Law enforcement is essential to keeping our country and its citizens safe.  Making the police the enemy is a dangerous and ill-conceived concept that is destructive to our society and something that we can no longer tolerate. 


While I may not be able to stop ISIS, Russia or the dictator of North Korea, I hope that little by little, I can help stop the incessant police bashing, going on in my backyard. 




Danny S. Foster,




FGMC Briefs


*  Due to great interest and response to our Get Ready for College Boot Camp for College Bound Men! a second date has been added! Join us on either April 18th or April 19th from 9:00 AM to 1:00 pm.  Our law firm is often contacted by families of good young kids accused of wrongdoing.  Federal and state laws have increased the number of suspensions, expulsions, probation, and criminal allegations against young men on college campuses.  Attorneys Danny Foster, Lara Baker and Lindsay Richardson will discuss the pitfalls young male college students face and how to best protect yourself. RSVP to college@fostergraham.com. For more information on this seminar, click here.

 *  We are pleased to announce that our partner and friend, Gary Lozow, has been honored with the prestigious Alvin D. Lichtenstein Lifetime Achievement Award by the Colorado Criminal Defense Bar.  The Alvin D. Lichtenstein Lifetime Achievement Award is a recognition of remarkable accomplishments over a lifetime of distinguished service to a lawyer who leaves a memorable imprint in the daily practice of criminal defense lawyers in Colorado. This award is given to the lawyer who many lawyers conform their own conduct by, "what would she do, how would he address the court."  This award was created by the 1988-1999 CCDB Board of Directors to honor those rare, stand out, individuals who take on issues that help defendants in more ways than the boundaries of a criminal defense case.  They are relentless in positively and uniquely contributing to the criminal justice system throughout their long and distinguished careers.  Gary will be presented the award at the CCBD annual dinner on May 15th.  Congratulations on a well deserved honor!


*  FGMC is proud to announce that Dan Calisher (General Litigation) and Lara Baker (Criminal Defense) have been named 2015 Super Lawyers and Chris Carrington (General/Business Litigation) has been named a 2015 Rising Star.  Super Lawyers is a rating service of outstanding lawyers of more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.  Congratulations Dan, Lara & Chris!


*  Congratulations to Michelle Berger who was recently selected to fill a vacancy on the Associate Council of the Colorado Contractors Association ("CCA").  Established in 1933, as the local partner of The Associated General Contractors of America, the CCA represents the Heavy-Highway-Utility construction industry in Colorado.  The CCA consists of contractor members, who bring to life the infrastructure we all rely on every day, such as airports, light rail facilities, bridges, dams, highways, and utilities; and associate members such as legal, financial and insurance services providers, material suppliers and heavy equipment companies, who support the construction industry.  

The Associate Council acts as the leadership group for CCA Associate members.  As such, the Council sponsors educational and other activities designed to assist the CCA and its contractor members in reaching their goals of improving communications through innovation and technology; developing the workforce through the active pursuit of training and technologies; providing leadership in infrastructure development; and cultivating diversity in CCA's membership and the construction industry.  FGMC is proud to be a 10+ year CCA Associate member.


If you have any questions regarding the CCA or membership in the CCA, or if you have any legal needs associated with construction projects, please feel free to contact Michelle at mberger@fostergraham.com or (303) 333-9810.  


FGMC Secures $7.5 Million Judgment in Personal Injury Case!


On July 21, 2013, a single father of two suffered severe, life-changing personal injuries, damages and losses when the driver of a Lincoln Navigator failed to yield the right of way.  The driver made a left turn directly in front of the young man's approaching motorcycle, which was lawfully proceeding through the intersection on a green traffic light.  Following the collision, the motorcyclist retained David S. Canter, a partner in the law firm of Foster Graham Milstein & Calisher LLP (FGMC), to represent him in connection with his claims against both the at-fault driver of the Lincoln Navigator, and the owner of the Lincoln who permitted the at-fault driver to drive the Lincoln.  Following the collision, the at-fault driver was charged with, and pled guilty to, careless driving resulting in bodily injury, in violation of C.R.S. § 42-4-1402(1), (2)(b).   (At the client's request, Mr. Canter appeared at the at-fault driver's sentencing hearing and spoke on the client's behalf.)


FGMC filed a civil action against both the at-fault driver and the owner of the vehicle.  After conducting written discovery, FGMC filed a Motion for Summary Judgment on the client's behalf arguing . . .


Click here to read the full article.



What's all the Buzz about Construction Defects?  

By Michelle Berger


Even if you aren't a contractor, you've probably heard a lot about construction defects lately in the print media, radio, television, online or through social media.  You might have even stumbled upon a discussion around the office regarding construction defects and the pending changes to Colorado law being considered by the Colorado Legislature and wondered "What exactly is a 'Construction Defect', and why should I care?"


Under Colorado law, homeowners have the right to require contractors to fix certain problems with the construction of their homes, even if these problems appear several years after the home is purchased.  While these problems could be as significant as a shifting foundation or as minor as a crack in the sidewalk, all are referred to as "defects". 



Residential Real Estate Sales: What Does a Seller Have to Disclose?

By Laura A. Martinez



If you have ever sold a house, then you have most likely completed a Seller's Property Disclosure form.   Colorado courts have concluded that sellers are in a superior position to know the condition of a house and therefore have a duty to disclose defects in the house, which is typically accomplished through a seller's property disclosure form.  Carelessly completing a seller's property disclosure form can lead to expensive and stressful lawsuits. 


So what can you do to decrease your risk of being sued?  These rules can help . . .

Click here to read the full article.


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



Applebee's Neighborhood Grill & Bar

10501 E. Garden Dr., Aurora, CO 80112



The Blue Cow Eatery

316 Bear Creek Ave., Morrison, CO, 80456



Chowder Room

560 S. Broadway. Denver, CO, 80209



The Golf Club at Fox Acres

3350 Fox Acres Drive East, Red Feather Lakes, CO, 80545



Regal Cinemas River Point Stadium 14

3565 So. Platte River Dr., Sheridan, CO 80110



Saint Patrick's Brewing Company, LLC

2842 W. Bowles Avenue, Littleton, CO, 80120



Sexy Pizza

2460 Eliot Street, Denver, CO, 80211



Trader Joe's

3500 S. College Ave., Unit 5   Fort Collins, CO, 80525



Trader Joe's

5342 Nevada Ave., Colorado Springs, CO 80918