July 22, 2019

Archives for September 7, 2011

Legal Affairs: Attorney Accolades, September 2011

Christopher J. Neumann, a shareholder in the Denver office of Greenberg Traurig, LLP, has received Colorado State Senate confirmation for his appointment to the Colorado Solid and Hazardous Waste Commission by Gov. John Hickenlooper.

Kara C. Martin, former district and county court magistrate in the 18th Judicial District, joins the Rocky Mountain Children’s Law Center as Domestic Violence Program Director. Martin has an extensive background in domestic violence matters and child advocacy, handling protection order cases for approximately four years as a magistrate in the 18th Judicial District.

John W. Grund, a partner in the Denver-based defense firm, Grund Dagner, P.C., has been recognized by The Roller Skating Association International for his exemplary and innovative assistance to the association. Grund’s practice focuses on recreational liability along with the defense of complex and multidistrict litigation, product liability, common-carrier and general aviation law, hospitality law, malpractice, and insurance law.

David Asarch, corporate counsel for affordable property management firm, Monroe Group, and its real estate development partner, Steele Properties, has joined the Board of Directors of Jewish Family Service of Colorado. Asarch has served on the organization’s Development Committee for the past year, and will continue to support its services in four key areas: mental health counseling, senior services, disability and employment services, and family safety net services regardless of faith or economic status.

The First Judicial District Bar Association and First District Judicial District Access to Justice Committee recently awarded Denver trademark/copyright attorney David A. Weinstein a certificate of appreciation for his outstanding contributions and services regarding pro bono mediation.


Deana Dagner, a partner in the Denver-based defense firm, Grund Dagner, P.C., has been designated a state chair for the Council on Litigation Management.

Wheeler Trigg O’Donnell congratulates partner Mark Clouatre on his completion of the Ironman 70.3 Hawai’i. He finished the race in 6:04 and placed among the top third of participants. Cloutre’s national litigation practice focuses on commercial, franchise, product liability, and general tort cases.


Perkins Coie has earned a Gold Standard Certification from The Women in Law Empowerment Forum (WILEF). The Gold Standard Certification seeks to certify, publicly recognize, and broadly publicize law firms that have integrated women into the highest leadership positions in the firm.

Derek Blass released his debut novel, “Enemy in Blue,” in June. The novel follows a young lawyer who is drawn into a case involving the murder of an illegal immigrant caught on video and an allegedly racist cop.

Faegre & Benson partner David Stark has been appointed by Colorado Chief Justice Michael Bender to the newly formed Commission on the Legal Profession.


The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

U.S. Bankruptcy Court Online Case Management and PACER Outage Scheduled for Next Weekend

Both CM/ECF and PACER will be unavailable on the United States Bankruptcy Court for the District of Colorado’s e-filing system next weekend. The outage will begin on Friday, September 16, 2011 at 6:00 pm, with service resuming on Saturday, September 17 at 10:00 am.

The PACER Reporting Tools system enables users to obtain, view, and print case records from federal Appellate, District, and Bankruptcy courts via the Internet. The CM/ECF Online Case Management and Filing system is a comprehensive case management system that enables users to file electronically in cases pending before the Bankruptcy Court.

James Gilbert: Industrial Art’s Impact on Scenic Colorado Prompts Citizens’ Lawsuit

Artist Christo Vladimirov Javacheff, “Christo”, famous for suspending huge curtains of orange fabric over bridges, buildings and other public spaces throughout the world, has embarked on yet another art project. Christo and his wife Jeanne-Claude have targeted Colorado for a second time (the first time being in 1972) with plans to hang silvery, translucent fabric over the Arkansas River for two weeks in August 2014 for their “Over the River” project. Their original plan entailed a 42-mile stretch of river, however the Bureau of Land Management (BLM) agreed to an approximately 6 mile area.

Unfortunately for Christo, his vision has been met with opposition as the citizens group “Rags Over the Arkansas River” (ROAR) and two fly-fishing businesses, The Arkansas River Fly Shop and ArkAnglers, filed a lawsuit July 22, 2011 in Denver District Court. They are opposing the artist’s project pointing out the possible adverse impact on park values and requirement of a state permit.

The feared environmental harms would potentially impact wildlife including the bighorn sheep population, birds and elk, not to mention an unfavorable impact to fishing, rafting and other popular activities along this scenic river.

ROAR claims that in order to support the cables and fabric, Over the River would have to use heavy industrial equipment to drive thousands of industrial rock bolts into the canyon walls all the while damaging public lands and resources, not to mention creating noise, dust and causing hundreds of highway closures.

In June, an agreement with park officials was approved pending the Bureau of Land Management granting a federal permit. In exchange, Christo’s team would pay $550,000 in fees and expenses. The Colorado Wildlife Commission initially opposed the project before legislation married the two agencies.

While the BLM was analyzing the project over the last several years, it received thousands of public comments prompting an $11million dollar study paid for by Christo out of his approximately $50 million dollar budget. The BLM’s final Environmental Impact Statement addresses the various wildlife and traffic concerns over the narrow 2-lane canyon highway during the five year project’s construction and demolition.

Opponents state that they will continue to fight the project because of the devastation they foresee occurring to this area.

To read the BLM’s Environmental Impact Statement go to: http://www.blm.gov/co/st/en/fo/rgfo/planning/otr/otr_final_eis/otr_final_eis_documents.html

Jim Gilbert is founding and senior partner at The Gilbert Law Group. He has over thirty years of experience litigating complex cases against major auto manufacturers and other large corporations. He writes for his firm’s Colorado Business Litigation Lawyer Blog, where this post originally appeared on August 31, 2011.

Division of Insurance Proposes New Rule Regarding Contraception Coverage

The DORA Division of Insurance has proposed a new rule to require contraception benefits in insurance policies. The purpose of this regulation is to implement Colorado insurance law and ensure that carriers are providing coverage for contraception in policies in the same manner as any other sickness, injury, disease, or condition is otherwise covered under the policy or contract.

The requirements and provisions of this new regulation apply to all group sickness and accident insurance policies and health service contracts issued to an employer and all individual sickness and accident, health care, or indemnity contracts; it does not apply to supplemental policies covering a specified disease or other limited benefits.

A hearing on the new rule will be held on Monday, October 3, 2011 at 1560 Broadway, Suite 850, Denver, Colorado 80202, beginning at 11:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

Division of Real Estate Proposes New Rule Regarding Broker Competency

The DORA Division of Real Estate has proposed a new rule to regulate and enforce real estate broker competency. Real estate brokers are required to perform the terms of their real estate transaction agreements with clients, but they also must exercise reasonable skill and care and have a duty to promote the interests of their clients “with the utmost good faith, loyalty, and fidelity.” It is a violation of the real estate license law if a licensee demonstrates unworthiness or incompetency to act as a real estate broker by conducting business in such a manner as to endanger the interest of the public.

The purpose of this rule is to ensure that licensed real estate brokers do not agree to perform brokerage activities in a transaction where they lack the necessary training, experience, or education to fulfill the terms of the brokerage practice agreement, unless the licensed broker is assisted by another licensed real estate broker possessing the necessary competency.

The new rule, E-47 Competency, is also accompanied by an enforcement provision.

A hearing on the new rule will be held on Tuesday, October 4, 2011 at 1560 Broadway, Suite 1250-C, Denver, Colorado 80202, beginning at 9:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

Ross Guberman: Electronic Bliss – Write Better Emails

How many emails are sent in the U.S. each year? 2.3 trillion.

How many emails does a typical large law firm see in a day? 500,000.

How often does one of those 500,000 emails make you pull out your hair? Only you can tell.

I’ve been working with clients to help both lawyers and non-lawyers write more effective emails, save time and money, and avoid email etiquette blunders.

Below are two tips from my Electronic Bliss workshop.

1. Transform bland subject lines into newsworthy headlines

Compare your morning newspaper to your morning inbox. Most newspaper headlines entice you to read more or at least convey the bottomline. Most email subject lines do neither. Instead, they’re often generic, stale, or nonexistent.

Make your subject lines more like newspaper headlines: enticing, informative, and timely. You’ll get more people to read your emails and help your firm run more efficiently.

2. Apply “The Three-Sentence Solution” to long emails

One of the biggest gripes at law firms is that people send long, rambling emails laden with detail and off-topic chatter. Sound familiar? Avoid piquing your colleagues’ ire and start your next email by answering the three things that every reader wants to know:

  1. Why are you writing me?
  2. What’s the gist of your message?
  3. What do you want me to do after I read this email?

Only then go into the detail. Chances are, no one will get that far. But if you’d written your email in the classic style—aimless and rambling—no one would have read your email at all!

Ross Guberman is the founder and president of Legal Writing Pro, an advanced legal-writing training and consulting firm. He has conducted more than a thousand programs on three continents for many of the largest and most prestigious law firms and for dozens of state and federal agencies and bar associations. Ross is also a Professorial Lecturer in Law at The George Washington University Law School, where he teaches an advanced seminar on drafting and writing strategy. When you see the logo, you’re reading an article from Legal Writing Pro, where the article originally appeared.

Tenth Circuit: Claims Dismissed for Failure to Pay Filing Fees after Extension Granted

The Tenth Circuit Court of Appeals issued its opinion in Hafed v. Federal Bureau of Prisons on Tuesday, September 6, 2011.

On February 4, 2011, the Tenth Circuit granted Petitioner’s motion for an extension of time to pay the filing fee for his claims and directed that the entire filing fee must be paid no later than September 1, 2011. The Court further notified Petitioner that failure to pay the filing fee would result in the dismissal of one claim for failure to prosecute, and the dismissal of the other as moot. Petitioner has not paid the filing fee, and the claims are now dismissed accordingly.

Tenth Circuit: Unpublished Opinions, 9/6/11

On Tuesday, September 6, 2011, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.


Sajidi v. Holder, Jr.

ACLYS Int’l v. Equifax

Valdez v. Smelser

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.