December 17, 2017

Archives for August 10, 2016

Two Law Legends and CBA-CLE Recognized by International CLE Organization for Legal Publication: Limited Liability Companies & Partnerships in Colorado

StarburstAwardsLogoThe Association for Continuing Legal Education (ACLEA), an international continuing legal education organization, awarded Colorado Bar Association CLE (CBA-CLE) with the Award of Outstanding Achievement in the publication category for its business law book Limited Liability Companies and Partnerships in Colorado.

Lidstone-SparkmanAttorneys Herrick Lidstone, Jr. and Allen Sparkman, two business law legends in Colorado, have taken a complex subject and written a clear, concise treatise on how to structure a business. The criteria for an ACLEA award include excellence in style, innovation, and content, in addition to the book’s appeal to a broad spectrum of the legal community. CBA-CLE Assistant Executive Director Dawn McKnight says, “We are extremely honored to win this award and grateful to have as authors two legends in the field, Herrick Lidstone and Allen Sparkman. Their vast experience, diligence, and thoroughness are evident throughout the book. They spent countless hours researching, writing, and revising this treatise to make it a comprehensive guide for practitioners.”

ABOUT THE BOOK:

Partnerships and other business entities have a fascinating history going back thousands of years.  Now in the twenty-first century, the variety of ways in which a new business may be formed and operated has made this a complex and especially important practice area.  Limited Liability Companies and Partnerships is a business law treatise for practitioners as they advise clients on issues from the time of a business’s formation to the time of dissolution. Topics include: choice of entity, formation and dissolution of the entity, creditor rights, securities and tax issues, as well as ethical considerations.

ABOUT THE AUTHORS:

Lidstone_HerrickHerrick Lidstone, Esq. is a shareholder and managing director of Burns Figa & Will, P.C. in Greenwood Village, Colorado. Mr. Lidstone practices in the areas of business transactions, including partnership, limited liability company, and corporate law, federal and state securities compliance, mergers and acquisitions, contract law, tax law, real estate law, and natural resources law. Mr. Lidstone’s work includes the preparation of securities disclosure documents for financing transactions, as well as agreements for business transactions,

limited liability companies, partnerships, lending transactions, real estate and mineral property acquisitions, mergers, and the exploration and development of mineral and oil and gas properties.

SparkmanAllenAllen Sparkman, Esq. practices law in Denver and Houston as a partner of Sparkman + Foote LLP. Mr. Sparkman’s practice includes the areas of business transactions, securities, tax, and professional responsibility. Mr. Sparkman’s work includes the preparation of securities disclosure documents for start-up companies in a variety of fields, including offshore oil and gas exploration, foreign mining operations, real estate, and comic book certification. He also regularly prepares LLC and partnership documents, and represents buyers and sellers of businesses, including preparing or reviewing all necessary legal documents.

ABOUT CBA-CLE:
Colorado Bar Association CLE (CBA-CLE) is the nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association. We produce high-quality continuing legal education programs and legal publications for attorneys and legal professionals.

Tenth Circuit: Arrest Can Be Justified Based on Any Crime an Officer Believes Suspect Committed

The Tenth Circuit Court of Appeals issued its opinion in Culver v. Armstrong on Tuesday, August 9, 2016.

Late one night in a small town in Wyoming, Sergeant Shannon Armstrong saw a white Chevrolet pickup truck driving erratically and followed it. When the vehicle finally stopped, only the driver, Reed, and not the passenger, was found. Sergeant Armstrong ordered Reed to sit on the hood of his car while he searched for the other guy. Plaintiff Thomas Culver suddenly appeared out of the dark, and Sergeant Armstrong asked him if he had been in the vehicle. Culver repeatedly answered “Why?” when Armstrong questioned him about whether he had been in the vehicle, and became obstreperous with Armstrong. Armstrong eventually told Culver to move on if it did not concern him, but Culver refused and instead continued to harass Armstrong, drawing him further away from Reed. After several minutes of “verbal jousting,” Armstrong arrested Culver for public intoxication. The charges were later dropped.

Culver sued Armstrong in district court, alleging that Armstrong violated his Fourth Amendment rights in violation of § 1983 by unlawfully arresting him. Armstrong moved for summary judgment based on qualified immunity, which the district court granted. The district court found that the facts recorded on Armstrong’s dash cam and body cam supported the possible arrest of Culver for both public intoxication and interference with a police officer. Culver appealed.

The Tenth Circuit determined that Armstrong had reasonable probable cause to arrest Culver, noting “[p]laintiff seriously misunderstands the nature of our qualified immunity inquiry.” Culver argued that a warrantless arrest without probable cause has been unlawful from time immemorial, but the Tenth Circuit found that Culver’s argument “casts way too high a level of generality over our inquiry.” The Tenth Circuit noted that the officer need only possess reasonable probable cause for an arrest based on any crime the officer could have reasonably believed the suspect committed. After reviewing Wyoming Supreme Court precedent on the issue, the Tenth Circuit found that Armstrong could have had an objectively reasonable belief that Culver was interfering with his detention of Reed in violation of Wyoming law. The Tenth Circuit held that it was inconsequential that Culver was only arrested for public intoxication, and Armstrong was entitled to qualified immunity.

The Tenth Circuit affirmed the district court’s grant of summary judgment.

Tenth Circuit: Unpublished Opinions, 8/9/2016

On Tuesday, August 9, 2016, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions.

United States v. Branch

United States v. Verner

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.