To wrap up the summer season, BHGR will host its fourth Hot Topics Business Workshop at our office on Wednesday, September 15, 2010 from 8:30 - 10:00 a.m.  George Berg, Melissa Heidman, and Judy Snyder will share valuable information regarding Insurance Policy Audits which is vital to many industries and businesses.  They will address the potential hazards of deficient policy coverage and the benefits of evaluating existing insurance policies to ensure comprehensive coverage.    For more information or to reserve your seat click here or contact Holly Beggs at 303.402.1600 or hkb@bhgrlaw.com. 

BHGR is a proud partner of the 22nd Annual Boulder Chamber CU Kick-Off Luncheon on Thursday, September 2, 2010 from 11:45 to 1:00 pm in the Balch Fieldhouse.  This event launches the 2010 Football Season opening with the CU band, cheerleaders, vintage fire truck, and Ralphie, followed by speakers Dan Hawkins (Head Coach), Eric Kiesau (Offensive Coordinator), Ron Collins (Defensive Coordinator), Alfred Williams (Former Buffalo, Bengal, 49er, and Bronco),  Mike Bohn (Athletic Director), Jalil Brown (Senior, Left Cornerback), and our representative David Hill.  BHGR has continuously and with pleasure sponsored this event since 2004.

BHGR sponsors the inaugural Boulder Nites Classic, a 8.5 mile family bike ride around the streets of Boulder.  This fun event is planned and organized by the PLAY Boulder Foundation which supports and advocates for parks and recreation programs and services in the Boulder, Colorado area. The event will raise funds for the Boulder Parks and Recreation Department's EXPAND program, and the YSI program.  The Exciting Programs Adventures and New Dimensions (EXPAND) program helps people who have disabilities improve and gain new recreation and leisure skills that will enhance participants' overall well being and their quality of life. The Youth Services Initiative (YSI) program is a community based after school and summer program for youth living in public housing, which provides opportunities and resources necessary to make positive recreational, educational and lifestyle choices.

Mark Licata, a results-oriented Mergers & Acquisitions and Transactional attorney at BHGR, actively serves on the Board of the Boulder Parks and Recreation Foundation, and has assisted with the sponsorship of this beneficial event.

 This event will be held Saturday, August 28, 2010 at 7:30 p.m. More information is on their website.

On August 16, 2010, the Colorado Supreme Court granted a Petition for Writ of Certiorari filed by BHGR in one of its business law cases.  As a result, Colorado's highest Court will consider and decide the following issues which will create new state law precedent:

Issue 1:   Whether the creditors of a limited liability company have standing to sue individual members of the LLC who have allegedly received an unlawful distribution under section 7-80-606, C.R.S. (2009), the Colorado Limited Liability Company Act.

Issue 2:   Whether the court of appeals erred in extending the limited common law fiduciary duty which directors of insolvent corporations owe to an insolvent corporation's creditors to managers of LLCs.

A Petition for Writ of Certiorari is the legal mechanism for requesting the Colorado Supreme Court to review a case.  With a few exceptions, the Supreme Court hears only those cases it chooses to hear and it is estimated that only 1 in 14 Petitions for Certiorari filed with the Court is accepted for review.  Partners Giovanni Ruscitti of BHGR's Business Law group and Heidi Potter of BHGR's Appellate Law group are handling the appeal with the assistance of Associate Jack Storti.

Jennifer Zimmerman and Melanie Lewis will continue BHGR's Hot Topics Business Complimentary Workshop series by focusing on critical employment issues facing today's restaurateurs.  This workshop will address wage deductions, tip-credit and overtime, and tip pooling, as well as the advantages of proactive communication (written and verbal), and disadvantages of mismanagement.  This timely information is expected to promote the understanding of current issues while providing guidance toward constructing a mutually beneficial work environment.

When:  Tuesday, August 3, 2010 from 10:00 - 11:30 am

Where: Berg Hill Greenleaf & Ruscitti LLP

Coffee and pastries served.

Our next workshop will be:

• Liability Insurance Policy Audit

             September 15, 2010 - presented by Melissa Heidman and George Berg

BHGR's complimentary business workshop series, addresses the legal concerns of local business owners.  If interested in more information about this workshop, or any in the series, contact Holly Beggs.

This summer, BHGR successfully protested a federal procurement bid for one of its construction clients.  The matter was heard by the Government Accountability Office (GAO) in Washington, D.C., which determined that the government's bid process was flawed and, therefore, fundamentally unfair to bidders.   As a result, BHGR's client was awarded its costs for bid and proposal preparation as well as its costs for filing and pursing the protest, including reasonable attorney fees.  Partners Giovanni Ruscitti, Dan Gross, and Heidi Potter worked on the case along with associate, Justin Berg.  "We were pleased with the ruling and feel that justice was done given the flawed nature of the bid process" said Giovanni Ruscitti.

In the second of BHGR's Hot Topics Business Workshop series, Josh Marks and Mark Changaris will address pressing issues faced by employers, including how to avoid mistakes and common pitfalls in managing and terminating employees; understanding the work place implications of medical marijuana patients; and how to comply with the recently passed Patient Protection and Affordable Care Act.  This workshop promises to provide valuable information that will enable employers to better comprehend these evolving and dynamic areas of the law.

When:     Wednesday, July 14, 2010 from 8:30 am to 9:30 am

Where:    Berg Hill Greenleaf & Ruscitti LLP

              Coffee and pastries served

             Following are the next two workshops:

          •  Avoiding Wage and Hour Claims from Restaurant Employees 

             August 3, 2010 - presented by Jennifer Zimmerman and Melanie Lewis

          •  Liability Insurance Policy Audit

             September 15, 2010 - presented by Melissa Heidman and George Berg

BHGR's complimentary business workshop series, addresses the legal concerns of local business owners.  If interested in more information about this workshop, or any in the series, contact Holly Beggs by email hkb@bhgrlaw.com or phone 303.402.1600.

The Boulder Economic Council is a branch of the Boulder Chamber which focuses on "establishing Boulder as a nexus of creativity and innovation in business - both emerging and established enterprises." The forty plus member council is comprised of local business leaders with an expressed interest in helping shape their community.  Members have the opportunity to be exposed to the latest local economic information, discuss issues at monthly meetings, and participate in community events, and networking.

As a Colorado native, and University of Colorado and Denver University graduate whose practice concentrates on business, Giovanni Ruscitti has a strong commitment to the state and the local economy.  He is thrilled to have the opportunity to contribute the Council.

BHGR sponsors the North Boulder Park Classic, a criterium road cycling race.  This criterium has a .7 mile circuit around North Boulder Park.  There are eleven categories of riders; each category will race for a set amount of time - 20, 45, 60, or 70 minutes. 

This neighborhood course originated in 1975 as a part of the Red Zinger Bicycle Classic stage race which later became the Coors International Bicycle Classic (1979 -1988).  The race finished with a stage at this same venue and featured superstars such as Bernard Hinualt, Greg LeMond, and Davis Phinney.  Since the end of the Coors Classic, this race has been held on its own, and part of other stage races like the Boulder Stage Race. 

This event is truly one of the defining parts of USA Cycling history.  We are proud to be part of this event, and look forward to seeing you out there.  To find out more about this race visit their website.

Photos from the BHGR sponored race, Senior Men Category 4, and some of our attorneys.  Left Corner:  Jennifer Zimmerman and Family;  Right Corner:  Preston Johnson and Family

Winner of the Senior Men Category 4 race, Zachary Rudolph for VeloNews.

This photo complements of Jonathan Bartlett Photography.

At the Colorado Criminal Defense Bar's monthly meeting, Jennifer Zimmerman and Jon Banashek will present "Appealing Administrative Findings of Child Abuse / Neglect and the Colorado TRAILS Database" to fellow attorneys.  The TRAILS database, is a statewide registry of people who were determined to have abused and / or neglected a child.  The information is based upon an administrative determination by a county department of human services.  The TRAILS database is a civil rather than a criminal tracking tool, and individuals do not have to be charged or convicted of a crime in order to be listed on the TRAILS database. 

The CLE will focus on the registry as well as the investigatory process that places people on the registry, and how to appeal both the registry listing and the actual finding of abuse and/or neglect.

Since 2000, Maki Iatridis has contributed significantly to the Colorado Bar Association Environmental Law Section (CBA-ELS) in a variety of capacities, including Treasurer and Secretary (2001 - 2002), Vice-Chair (2002 - 2003), Chair (2003-2004), and Advisory Council member (2000 - 2010).   Maki Iatridis served on the Colorado Bar Association's Environmental Law Section (CBA-ELS) Advisory Council from July 1, 2000 to June 30, 2010.  His colleague, Ann Rhodes will serve on the advisory counsel from July 1, 2010 through June 30, 2013.  During his ten-year tenure on the Advisory Council, Maki coordinated and presented numerous Continuing Legal Education (CLE) programs, including, but not limited to, the following:

3/23/2010 - "Developments at the Department of Interior (Co-Sponsored with CBA-Natural Resources and Energy Law Section) - Maki coordinated the CLE with Lori Potter.  The presenter was Alan Gilbert, Senior Advisor to the Secretary, Southwest and Rocky Mountain, Department of Interior;

11/06/2009 - "Key Enforcement and Regulatory Developments in U.S. EPA Region 8" CLE (co-sponsored by the American Bar Association Section of Environment, Energy and Resources State and Regional Environmental Coordination Committee, Environmental Enforcement and Crimes Committee, and Native American Resources Committee) - Maki served on the Program Planning Committee;

5/26/2009 - "Decisions of the U.S. Supreme Court in the Environmental Cases During the 2008 Term" CLE - Maki presented with Lori Potter, Kaplan Kirsch Rockwell LLP, Denver; and Lisa Reynolds, Kaplan Kirsch Rockwell LLP, Denver;

02/26/08 - "Environment Wildlife Development COGCC Environmental Regulation 2008" CLE - Maki and Susan Greer coordinated the CLE.  The presenters were Mike Chiropolos, Lands Program Director, Western Resources Advocates; Howard Boigon, Hogan & Hartson LLP; David Neslin, Acting Director, Colorado Oil & Gas Conservation Commission;

11/27/2007 - "CERCLA Update" CLE - Maki coordinated the CLE.  The presenters were Scott Reisch, Hogan & Hartson LLP; and Jennifer McClister;

01/23/2007 - "Nanotechnology and the Environment:  What's the Big Deal" CLE (co-sponsored by the Business Law Section, the Technology Law and Policy Section, and the Environmental Law Section) - Maki presented with Griffith Kundahl, Vice President in the Convergence Group of Feinstein Kean Healthcare/Ogilvy PR Worldwide, Denver, Colorado; and Matt Lepore, Partner, Holme Roberts and Owen, Denver, Colorado;

01/2005 - "The Impact and Implications of Cooper Industries Inc. v. Aviall Services, Inc." CLE- Maki presented with Adam Cohen, Davis Graham & Stubbs;

Ann Rhodes acknowledges the inspiring contributions her colleague has brought to the CBA-ELS, and intends to continue his commitment to quality and passion for the environment in cooperation with the other members of the advisory committee.

This Medical Marijuana Information Session was presented at the Arapahoe County Sheriff's Office in Centennial, Colorado on Wednesday, June 30th to local officials and administration.  It was a full day workshop devoted to the major issues surrounding Medical Marijuana, including intentions of the legislation, revenue, prosecutionary perspectives, local planning and code enforcement, public safety enforcement. 

The Town of Firestone and the City of Longmont recently settled what the newspapers referred to as a "border war".  BHGR represented Firestone in this litigation and was instrumental in obtaining favorable rulings from the court. As a result of these rulings, the case was settled, Firestone was permitted to proceed with its annexation and development process, and Longmont paid Firestone $100,000.

In 2008, Firestone sought to annex two parcels of unincorporated Weld County into its borders at the request of land owners LifeBridge Church and Fairview Estates who intended to build mixed use developments on their land.  Longmont objected to the annexations because they were near Longmont's border. Longmont attempted to block Firestone's actions by filing annexations which were "conflicting".  

Longmont then filed four lawsuits against Firestone under several provisions of the Colorado Municipal Annexation Act of 1965, claiming that the conflicting annexations required Firestone to stop its annexations pending a vote, and asking the trial court to declare the Firestone annexations void.  

In response, Firestone filed several counterclaims as well as two lawsuits of its own against Longmont.   The Weld County District court entered several rulings in Firestone's favor, including two rulings in which Longmont was ordered to pay Firestone's attorney fees and costs.

Those cases resulted in four appeals to the Colorado Court of Appeals.  Oral argument was heard in three of the appeals in June of 2010. 

A few days after the argument, the parties agreed to settle all of the lawsuits.   "This is a good result for Firestone and the annexing landowners," said partner Tom Merrigan, "because it puts an end to the uncertainty and costs of litigation and finally allows Firestone to move forward as it originally intended."

The case was handled by partners Tom Merrigan and Heidi Potter, both of whom have significant experience in municipal annexation cases.  If you wish to read more about this case, you can review the story published on Thursday, June 17, 2010 in The Denver Post, written by Monte Whaley, titled Colorado Towns Longmont and Firestone Settle Border Dispute.

BHGR launches a complimentary business workshop series, addressing the legal concerns of local business owners.  Following are the fisrt three workshops:

• Business Succession Planning presented by David Hill, Jonathan Lehmann, and Jim McManus on June 23. 

• Employer Liability presented by Josh Marks on July 14.

• Liability Insurance Policy Audit presented by Melissa Heidman on September 15.   

This first workshop addresses a crucial transition from owning and developing a business to effectively transitioning the business to the next owner, or group of owners, with a successful Business Succession Plan.  If interested in more information about this workshop, or any in the series, contact Holly Beggs by email hkb@bhgrlaw.com or phone 303.402.1600.

When:     Wednesday, June 23, 2010 at 9:00 a.m. to 10:30 a.m.

Where:    Berg Hill Greenleaf & Ruscitti LLP

BHGR is proud to support the 9th Annual University of Colorado Boulder Buff Club Golf Tournament by recruiting a foursome and sponsoring a hole on June 14, 2010 at the Colorado National Golf Club in Erie, Colorado.

The Buff Club has been the fundraising arm of CU Athletics since 1956, supporting student athletes and intercollegiate sports programs.  To find out more or to participate in the tournament, contact the CU Athletics office at (303) 492-5497.   

BHGR sponsors the 8th Annual Whittier-Mapleton Hill Garden Tour  occurring on Saturday, June 5, 2010 from 11:00 a.m. to 3:00 p.m.   Join this self-guided walking tour of spectacular private gardens in one of Boulder's most prized neighborhoods, the Mapleton Hill Historic District. 100% of the proceeds from the tour directly benefit the students of Whittier International School, an International Baccalaureate Primary Years Program in Boulder, Colorado.

Josh Marks will present to Colorado County Attorneys at their annual summer conference regarding the medical marijuana zoning challenges. 

Greg Brown, Boulder Probation Department Chief, will present a lecture on Medical Marijuana and Probation to members and non-members of the Colorado Criminal Defense Bar.

The luncheon will be held from 12:00 p.m. to 1:00 p.m. on Tuesday, June 1, 2010 at our office on 1712 Pearl Street, Boulder, Colorado.  This lecture provides one complimentary CLE credit.

For more information, contact the CCDB Boulder Chapter Co-Chairs, Jon Banashek jnb@bhgrlaw.com or Alex Garlin agarlin@gdhlaw.com

David Hill and Jonathan Lehmann of the BHGR Estate Planning department present to Frasier Meadows Retirement Community in Boulder, Colorado to initiate their Community Advisory Series.  They will address the following estate planning hot topics and current issues:

• Update of rules for Traditional IRA's and traps to avoid
• Is a conversion to a Roth IRA the right move?
• How to set up a 529 college savings plan for those you love
• The simplicity of probate in Colorado
• Legislative update on estate tax
• What charitable gifting strategy makes sense for you?

Frasier Meadows Retirement Community offers a continuum of adult living care and services, including Independent Living, Assisted Living, Health Care Center, and Alzheimer's Care.

Rick Greenleaf presents "What's In and Not In a Contract"  to launch a series of monthly one-hour breakfast workshops facilitated with the American Subcontractors Association of Colorado.  This complimentary series addresses the legal concerns of the subcontractor. 

The next workshop will be Thursday, June 17, 2010 from 8:00 a.m. to 9:00 a.m. at Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado.  Fresh coffee and pastries provided

Contact Holly Beggs for more information hkb@bhgrlaw.com