What Is ESG and How Will It Fit into the Biden Administration’s Environmental Agenda?

As Published in BizWest ESG stands for “Environmental, Social, and Corporate Governance,” which represent three criteria for measuring corporate sustainability and social impact.  Though it first emerged over a decade ago, it has gained recent prominence and will likely play… Read More

Life Insurance and Estate Tax

As published in BizWest’s Thought Leader Column June 2022 How do the proceeds of a life insurance policy impact the value of a deceased individual’s estate? Surprising to many clients, the proceeds of a life insurance policy are included in… Read More

Non-Compete Agreements and Criminal Law: A New Intersection

Published in BizWest’s Thought Leader Column in May 2022 On March 1, 2022, Colorado became the first state to criminalize the use of illegal non-compete agreements.  Any person who knowingly uses an illegal non-compete agreement commits a Class 2 misdemeanor… Read More

Operating Agreements for Single Member LLC’s

Published in the BizWest Thought Leaders Column in April 2022 Limited liability companies (“LLC’”) are increasingly popular entities under which to operate small businesses and own real estate for rental or development.  There is good reason for this as an… Read More

Why Colorado Should Evaluate Clean Water Act Section 404 Program Assumption

By: John Kolanz – February 2022 Published in the Colorado Environmental Law Journal INTRODUCTION “The world hates change, yet it is the only thing that has brought progress.” – Charles Kettering* For over four decades, Colorado, like virtually every other… Read More

What is PFAS and Why Should I Care?

Published in the BizWest Thought Leaders Column in March 2022 PFAS is a shorthand reference for a large group of man-made substances (Per- and Polyfluoroalkyl Substances) often called “forever chemicals” because they do not break down readily in nature.  Buyers… Read More

ARE ATTORNEYS NECESSARY?

By: Tim Brynteson – Published in the BizWest Book of Lists in January 2022 We normally write short essays trying to educate our readers about some particular area of law or to provide a legal perspective on some current issue.  … Read More

If you are buying property, you may be wondering if you need a survey or what kind of survey to get.

By: Stacey Shea – Published in the BizWest Thought Leaders column in January 2022 These are much bigger questions than one might think and vary depending on the situation. A good way to start to answer this question is to… Read More

Is Your Board Protected by the Business Judgment Rule?

By: Danielle Palardy – Published in the BizWest Thought Leaders column in December 2021 Closely held corporations and small businesses in Northern Colorado are often built on close relationships, which unfortunately sometimes go south. When this happens, there may be… Read More

OIL AND GAS INTERESTS, PROBATE, AND DETERMINATION OF HEIRSHIP PROCEEDINGS

By: James Godbold – Published in the BizWest Thought Leaders column in November 2021 Ownership of oil, gas and other minerals is considered an interest in real property.  When someone dies, their assets in real property are typically transferred through… Read More

Impact of Potential Tax Legislation on Inheritance

By: Corey Moore – Published in the BizWest Thought Leaders in October 2021 On September 12, 2021, Representative Richard Neal, Chairman of the House Ways and Means Committee, released the long-awaited details on the Democrats’ funding proposal for the $3.5… Read More

Americans with Disabilities Act and Websites

By: Lee Morehead – Published in the BizWest Thought Leaders column in September 2021 In January 2019, the Ninth Circuit Court of Appeals held that websites and mobile apps may qualify as “places of public accommodation” under the Americans with… Read More

DOES MY NEW LIMITED LIABILITY COMPANY NEED AN OPERATING AGREEMENT?

By: Tim Brynteson – Published in the BizWest Thought Leaders column in August 2021 An operating agreement is one of a Limited Liability Company’s most important documents.  Although most states don’t legally require an operating agreement, all LLC’s should have… Read More

ARE YOUR OIL & GAS ROYALTIES IN SUSPENSE?

By: James Godbold – Published in the BizWest Thought Leaders column in June 2021 Once an oil & gas well has been drilled and begins producing, Colorado has a statute requiring that oil & gas companies pay proceeds/royalties due to… Read More

Reduce Business Risk – Use an MSA

By: Danielle Palardy – Published in the BizWest Thought Leaders column in May 2021 Business owners are aware that detailed contracts are the best way to reduce risk in each transaction. However, for companies with quick customer turnover, frequent orders,… Read More

Restrictions on Foreclosures and Evictions Loosen

By: Lia Szasz – Published in the BizWest Thought Leaders column in March 2021. Private landlords and lenders’ hands were tied in initiating and prosecuting some legal actions against defaulting tenants and borrowers in Colorado for some or all of… Read More

New EPA Memorandum Gives States Further Incentive to Consider Clean Water Act Section 404 Program Assumption

By: John Kolanz – September 30th 2020 New EPA Memorandum Gives States Further Incentive to Consider Clean Water Act Section 404 Program Assumption Clockwise from top left:  Gunnison Sage-Grouse (threatened); Preble’s Meadow Jumping Mouse (threatened); Colorado Pikeminnow (endangered). A memorandum… Read More

The Use of Buy-Sell Agreements in Succession Planning

By: Corey Moore – Published in the BizWest Thought Leaders column in September 2020. If you are a business owner, do you know what will happen to your business in the event you pass away or become permanently disabled? Every… Read More

Easements: What’s Snow Got to Do With It?

By: Stacey Shea – Published in the BizWest Thought Leaders column in September 2020 It is increasingly common for property owners to divide their properties into two or more lots. While the resulting lots are owned by a single owner… Read More

Construction Business with Unpaid Invoices? Perfect your Lien

By: Danielle Palardy – Published in the BizWest Thought Leaders column in July 2020. The economic recession during COVID-19 has left many people struggling to pay their bills. How can you make sure your construction company gets paid for the… Read More