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Q2 2015 Newsletter
July 2015
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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 

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 

Kari L. Jones

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 
Adrienne R. Teodorovic 

Steven M. Weiser 




What is in this newsletter?


FGMC Briefs


Colorado's new DUI-Felony Law 


Marijuana and Out of State Investors


How to Motivate the Jury


Liquor License Update


(303) 333-9810
360 S. Garfield St., Ste 600
Denver, CO 80209 

(719) 602-6117
102 S. Tejon St., Ste 1100
Colorado Springs, CO 80903 

"Memories of Snow, Rain and Gay Rights"                                                            


As a lifelong resident of Denver I have seen it all from a weather perspective and these weather related incidents have created immutable memories for me.  I remember vividly the blizzard of 1982 where the snow drifts grew to over 12 feet high in some places.  It was a blast for all of us youngsters to be able to build REAL snow forts and watch the snowmobilers take over the streets.  This was before the City of Denver had snow plows and Mayor McNichols ordered all of the city's garbage trucks to drive down the streets compacting the snow to allow cars to access the roads.  Not the greatest snow related solution to come out of Denver. Most people didn't own 4-wheel drives in 1982 so you can imagine the sheer number of abandoned cars on the side of the road.  I remember my parents had one of the first SUV's on the market, a white Jeep Wagoneer with wood paneling down the sides.  I recall my father volunteering to drive nurses and doctors to the hospital because they couldn't keep the hospitals staffed.  It was a fun time, except it happened over winter break, and we didn't miss one day of school!


There have been many other blizzards, droughts, fires and weather related oddities here in Denver, but without a doubt 2015 will forever been remembered as the year of rain!  It's been unbelievable.  I cannot remember ever seeing the Cherry Creek running as high as it was on June 24th.  It was literally cresting it's banks at Corona street.  I was in trial in Denver and all of the lawyers, jurors, and staff in the city and county building had to take shelter in the basement during the tornado warnings.  That's not exactly how you want to conclude a hard day in court.  But it was memorable. 


It was also a memorable week because the United States Supreme Court issued one of its most significant civil rights rulings since Brown v. Board of Education when the Court ruled in Obergfell v. Hodges that the 14th Amendment requires a State to license marriage between two people of the same sex.  The entire 103 page ruling can be accessed through this site:


As a lifelong supporter of equal rights for all people I was very happy the Court came to this decision, and I would say most of my friends on Facebook felt the same way.  But there are others who feel this is a terrible decision and one only has to look towards social media to get a sense of the polarizing nature of this decision. I suspect in the next few weeks and months we will watch the litigation process kick into high gear as many states attempt to defy this ruling.  Already in Colorado there are two proposed ballot measures to try and get around the Supreme Court's decision.  The same thing happened when the 1964 Civil Rights Act passed.  Many states had to be forced into compliance.  I hope that won't happen but it is likely inevitable.  America doesn't always accept change easily, we've seen it happen over and over. 


Finally, it's been a memorable last few months for our law firm because we were fortunate to hire two exceptional attorneys to complement our criminal defense, personal injury and litigation practice areas. Adrienne Teodorovic and Kari Jones are two rising stars in the Denver legal community.  We welcome them to our firm and hope you have an opportunity to read their biographies and meet them.  They have both authored articles for this quarterly newsletter. 


We wish you a memorable summer and hope you stay dry!





Danny S. Foster,




FGMC Briefs


*  Evan Husney and our transactional team would like to congratulate our client Rocky Mountain Structures, Inc. and its subsidiaries including RMS Cranes and RMS Rigging for having been acquired by TNT Crane & Rigging, Inc., one of the largest crane service providers in North America.


As one of the largest crane and rigging service companies in the Rocky Mountain Region, RMS has built an extensive customer base with deep ties to the area and a strong reputation for outstanding services.  Founded in 1977, RMS serves the manufacturing, industrial, cell tower, power, commercial and construction markets, as well as other end markets throughout the Rocky Mountain Region.


We were privileged and honored to assist the owners of RMS in this transaction.




FGMC and Brian Proffitt are proud to announce that they are working with Starbucks, throughout the State of Colorado, to bring a new dimension to your favorite coffee retailer.  Starbucks' Evenings Program will bring beer and wine to select neighborhood Starbucks during the late afternoon and evening hours.  The program allows Starbucks' customers to continue to enjoy the comfortable and relaxed atmosphere that they've come to appreciate at Starbucks, but offers a variety of alcoholic beverages to enjoy as your day comes to a close.  Look for the Evenings Program to begin later this summer and expand throughout the fall and winter at your nearest location.  And if you don't see beer or wine on the menu soon, be sure to ask your barista for it!



Colorado's New DUI-Felony Law

By Adrienne R. Teodorovic



On June 1, 2015, Governor Hickenlooper signed into law House Bill 15-1043, which made Colorado the 46th state to adopt a felony DUI/DWAI law. Drivers can expect the law to take effect August 5, 2015, at 12:01 AM. While the new law has its proponents, much remains unknown about how state prosecutors and the Department of Revenue will implement many of the bill's provisions, thus impeding a full analysis of implications related to the Act. Therefore, this Article will be limited to the basics of the Act and the limited information known so far...



Click hear to read the full article.



Marijuana and Out of State Investors  

By Daniel J. Garfield



Colorado does not allow out-of-state ownership of licensed marijuana businesses (stores/dispensaries; cultivation facilities; makers of marijuana-infused products (aka edibles); and testing laboratories).  State regulations only allow individuals who have been residents of Colorado for at least two years to hold equity (in any amount) in a licensed marijuana business.  Since Colorado opened up the retail marijuana market in January 2014, out of state investors have been trying to find clever ways to lock in a future chance at equity.





How to Motivate the Jury

By Kari L. Jones


"The conscience of the community."  Why is this phrase important to the practice of law?  It is important, because it is our jury pool and therefore it is the measuring stick with which we must measure our cases.  Whether it is in the civil or criminal context, whether you are the plaintiff or the defendant, we are asking the jury to make the right decision.  "The conscience of the community" is more than a phrase, it is a tool that we can all use to empower the jury to make the decision we need them to make.




Click here to read the full article.


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


Flow Juice Bar

696 Sherman Street, Denver, CO 80203

Homewood Suites Colorado Springs
9130 Explorer Drive Colorado Springs, CO 80920

Hilton Garden Inn Colorado Springs
1810 Briargate Pkwy. Colorado Springs, CO 80920

Max's Wine Dive

696 Sherman Street, Denver, CO 80203


Blake St. Liquors
2409 Blake Street, Denver, CO 80205


East Evans Liquor
4970 E. Evans Ave., Denver, CO, 80222


The Morrison Inn
301 Bear Creek Ave., Morrison, CO 80465


Applebee's Neighborhood Grill & Bar
2491 Foothill Blvd., Rock Springs, WY 82901


Rusty Taco
1760 S. Havana Street, Aurora, CO 80012


Texas Roadhouse
8470 E. Northfield Blvd., Denver, CO, 80238


Jim 'N Nick's Bar-B-Q
100 E. 120th Ave., #E110, Northglenn, CO 80233


42S. Broadway. Denver, CO, 80209


Jim 'N Nick's Bar-B-Q
8264 E. Northfield Blvd., Denver, CO 80238