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Q4 2015 Newsletter
December 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 

Melanie MacWilliams-Brooks

What is in this newsletter?
FGMC Briefs
You Better Watch Out, You Better Not Drive...

Employment Law 2015 Colorado - Two Key Developments
Major Decisions from the Supreme Court of the United States

The Blame Game!
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 

"So, you want to be a Lawyer?"

I always try to make time to speak with students who are interested in going to law school and becoming a lawyer. And, I always begin with the question, "So, you want to be a lawyer?" I was lucky enough to have several people willing to meet with me as I debated my professional future.  As I begin my 20th year as a lawyer, I reflect on some important lessons that help to guide me personally and my law practice.

First lesson:Take it personally.
Make a personal investment in your clients and their needs.  Yes, we are hired as lawyers to give objective counsel to our clients.  Remaining objective is important, particularly in highly emotional matters.  However, clients like to know that their lawyer actually cares about the outcome of their case and is personally invested.

Second lesson:It's not a popularity contest.
A client hires you because they have a problem that they are trying to navigate.  On occasion a client's desire may run counter to what may be politically correct, but it doesn't mean that they don't have a right to have a strong advocate for their position.  Your willingness to stand up, and fora client, even in the difficult times, proves your value as an attorney and as a person. 

Third lessonContinue to make an investment in your own education.
Continue to hone your skills throughout your practice and don't rest on your laurels.  Rely on your colleagues to help you evaluate your skills and your limitations.  This should both serve as a personal reward and of great benefit to your clients.

Fourth lesson: Make time to give time.
Be willing to help charitable causes in your capacity as a lawyer.  It is incredibly rewarding to bring your professional expertise for the benefit of a charitable cause. 

Fifth lesson: Find a balance in life and work.
There are certainly times when a client's matter is totally consuming.  It is important to not allow one client crisis to lead to another and another without finding time for yourself.  This may include time with family or a hobby.  Whatever "time for yourself" includes, just do it.  You can't be a great lawyer if you don't find balance in your life.

Final lesson: Be grateful.
I am grateful for the opportunity to have been given a great education.  I am grateful for having wonderful clients who, in many cases, are wonderful friends.  I am grateful for great colleagues who make me a better lawyer.  I am grateful for a loving wife and kids who support me in my professional endeavors, even when that means I get home from a city council meeting after everyone is sleeping.

So, you want to be a lawyer?  Great!  It is an incredibly rewarding profession.  I am looking forward to the next 20 years!

On a personal note, a hearty Mazal Tov to my parents who are celebrating their 50th wedding anniversary on December 26th!  As a gift to each other they co-authored "The Rabbi and Senator Sleep Together" and is available online at www.therabbiandsenatorsleeptogether.com.  Many more wonderful years together mom and dad, we love you! (this is why I am the #1 child!)

May you all have a safe and wonderful new year and a great 2016!

David Wm. Foster,

FGMC Briefs

*    FGMC would like to congratulate our new partners

               Laura Martinez              Mark Bell                    Larry Katz

FGMC is proud to announce the selection of three new partners. Congratulations to Laura Martinez, Mark Bell, and Larry Katz! These three talented lawyers strengthen the firms financial services and litigation practice groups. The firm is lucky to have such fantastic people join the partnership!

akatich color
*  FGMC Would like to Welcome
    Alexandra Katich to the Firm
Alexandra's practice focuses on real estate transactions and land use. We are so excited to have Alexandra join the FGMC family.

*  FGMC Would like to Welcome
    Mark Bell to the Firm

Mark's practice focuses on banking and finance law with an emphasis on complex transactions and civil litigation. We are so excited to have Mark join the FGMC family

* Congratulations to David Foster 
FGMC would like to congratulate David Foster on receiving the
"Top Tier In Land Use Litigation" designation from Corporate Livewire for 2015.

* Congratulations to Danny Foster and Kari Jones
Attorneys Danny Foster and Kari Jones obtained a $275,000 jury verdict this past week in Denver District Court for a client who slipped and fell on ice at an apartment complex.  The client suffered a fractured hip in the fall and this verdict ensures she will be compensated not only for medical expenses but also for pain/suffering and future impairment.  

* Congratulations FGMC Client BSLNI and Michael Gates
On October 2, 2015, long-time FGMC client BSLNI, Inc. and FGMC Partner, Michael Gates, obtained a jury verdict in Douglas County District Court awarding damages against Cherry Creek Recycling, LLC related to the alleged breach of a joint-venture agreement to demolish the Titan I Missile Silo in Elbert County.  The jury found in favor of BSLNI on all claims and awarded $185,579.56 in damages, exclusive of prejudgment interest and costs.

* Congratulations to Lindsay Richardson
Lindsay Richardson was elected Vice-President of the Board of Directors for the Rocky Mountain Down Syndrome Association.

You Better Watch Out, You Better Not Drive, You Better Call Uber (for Everyone), I'm Telling You Why...
Santa Clause is Bringing Complicitor Liability to DUI

That's right folks. Before you spike the eggnog, make sure you have a transportation plan for you, your guests, your loved ones-everyone-that ensures they have a sober ride home. Making the decision to drive drunk, or allowing a friend to drive when you know they are drunk could expose you to serious criminal charges and penalties.

As is custom every year, nearly every law enforcement agency will be participating in the Holiday Party and New Year's Heat Is On campaigns by assigning increased patrol units to DUI enforcement and checkpoints. As expected, these efforts result is soaring numbers of DUI arrests as many will make the unfortunate decision to get behind the wheel after consuming various merry concoctions.

Employment Law 2015 Colorado - Two key Developments

As many employers here know, Colorado has some unique laws.  For example, Colorado is one of the last remaining states to maintain a general policy against non-compete agreements. In the last decade, though, Colorado's stance on marijuana has been particularly challenging and confusing for Colorado employers.

It all began 25 years ago when the General Assembly passed the Lawful Activities Act, or what many refer to affectionately or flippantly as the "Smoker's Rights Act." The Act made it an unfair employment practice in Colorado to terminate an employee for engaging in legal activities outside work. There are some exceptions to this rule, most notably where the prohibition on legal activities...

Major Decisions from the Supreme Court of the United States: What to Watch (or Watch Out) for during the 2015-2016 Term. 
By Lindsay N. Richardson

On October 5, 2015, the United States Supreme Court began its 2015-2016 term. Those that regularly follow Supreme Court news know that the 2014-2015 term was significant: the Court made high-profile decisions concerning the Affordable Care Act (King v. Burwell), death penalty (Glossip v. Gross), Fourth Amendment privacy protections (City of Los Angeles v. Patel), free speech (Walker v. Texas Division, Sons of Confederate Veterans), religious freedom (EEOC v. Abercrombie & Fitch Stores Inc.), and gay marriage (Obergefell v. Hodges et. al.). Based on its case selections to date, the current term is poised to be equally as intriguing and impactful. 


The Blame Game!
By Danny S. Foster
(as previously published in the Glendale Cherry Creek Chronicle Dec. 2015)

Recently I found myself enjoying yet another impossible commute between Exposition Avenue and Cherry Creek Drive North. This quarter mile stretch going north on Colorado Boulevard can quite possibly be the most mind-numbing piece of pavement in Denver, or possibly, the world. Unless of course you are driving southbound on Colorado Boulevard between Alameda and Cherry Creek Drive South. THAT might even be worse. If you're reading this article then I suspect you've been there and know exactly what I'm talking about.

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

5160 W. 120th Ave., Unit K, Westminster, CO 80020
Monument Hill Country Club
18945 Pebble Beach Way, Monument, CO 80132
World of Beer
7260 W. Alaska Dr.
Lakewood, CO 80226
Texas Roadhouse
231 West 104th Avenue
Northglenn, CO 80243
Something Brewery
117 N, Main St. Unit A, Brighton, CO
Cinemark Movie Bistro Foothills Mall
335 E. Foothills Parkway, Ft. Collins,  CO 80525
Jerry D's
604 8th Street, Dacono, CO 80514
Carmike 10
3636 Manhattan Ave., Ft. Collins, CO 80526
The Capital Grille of Denver
1450 Larimer Street, Denver, CO, 80202
Seasons 52
8325 Park Meadows Center Drive, Lone Tree, CO, 80124
Several Starbuck's locations!!