June 26, 2019

Archives for December 22, 2015

Top Ten Business Law Programs and Homestudies

The days keep marching forward, and the end of the compliance period looms large for many Colorado attorneys. If you still need some last-minute CLE credits, never fear—we are reviewing the Top Ten Programs and Homestudies in several areas of law. In case you missed it, we previously covered ethics, family law, trust & estate law, real estate law, and litigation. Today’s focus is on business law. Whether advising nonprofits, dealing with securities issues, or representing particular types of businesses, we have programs to fit your needs. Read on for the Top Ten Programs and Homestudies.

10. Banking for Marijuana Businesses. This short program discusses banking issues unique to marijuana businesses, including the Justice Department’s efforts to create guidance for banks that work with marijuana businesses. Learn about potential racketeering issues and potential solutions. One general credit; available as MP3 audio download and Video OnDemand.

9. Forming and Funding Early Stage Companies. Created for lawyers working with early stage companies, this program covers entity selection, vesting, key agreements, counseling clients on raising money, common securities law exemptions, and more. Two general credits; available as MP3 audio download and Video OnDemand.

8. Commercial Loan Documents — Important Covenants and Potential Modifications. Loan covenants are an important part of every loan document. This program discusses loan modifications generally sought by lenders and those requested by borrowers. Default is also discussed in this program. One general credit; available as MP3 audio download and Video OnDemand.

7. Boilerplate and Drafting Business Documents — 2014 Business Document Drafting Series. The first in a series of six programs, this program offers practical advice on the perils of using boilerplate in document drafting, including specific examples of drafting issues, the importance of keeping provisions current with the law, the value of silence, and much more. Two general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is Part 1 of a six-part series. Click here for Part 2, click here for Part 3, click here for Part 4, click here for Part 5, and click here for Part 6.

6. Limited Liability Companies in Colorado. Because of the combination of limited liability for all owners of the LLC, pass-through tax treatment, and ease and flexibility in customizing the relationships between the owners, the LLC has been a very popular choice of entity for many types of businesses since the IRS adopted the “check the box” regulations in 1996. This program details advantages and disadvantages of LLCs, litigation issues, estate and tax planning, real estate development, and more. Attendees receive a PDF copy of the CLE book, Limited Liability Companies and Partnerships in ColoradoEight general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Buying and Selling a Business. Need to know the ins and outs of buying and selling businesses? This program is for you! It provides practical advice on advising parties in M&A transactions, planning the exit, protecting your client in the sale, professional responsibility and ethics in business transactions, and more. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Closely Held Businesses: Strategies for Tackling Key Issues. Advising closely held businesses requires attorneys to have a wide range of knowledge. This program addresses some of the issues that may arise in advising the closely held business, including family dynamics, the Affordable Care Act and its impact on small businesses, probate of business interests, charitable planning, small business financials and accounting, and securities issues. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

3. A Primer on Advising Nonprofit Organizations and 24th Annual Institute on Advising Nonprofit Organizations in Colorado. This annual program provides everything you need to know about advising nonprofits. Topics covered at the primer include formation and governance of nonprofit entities, obtaining and retaining tax-exempt status, operational issues for tax-exempt organizations, and taxation of unrelated business income. The Institute discusses fiduciary duties of for-profit boards, tax-exempt entity types, best practices for employee discipline and termination, volunteers, and more. Primer—four general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. Institute—seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: These programs are repeated annually. Click here for the 2014 programs (Primer/Institute) and click here for the 2013 programs (Primer/Institute).

2. Annual Rocky Mountain Securities Conference. Co-sponsored by the U.S. Securities and Exchange Commission and the CBA Business Law Section, this program is the Rocky Mountain’s premier securities law update presented by the country’s top practitioners. Topics covered in the 2015 Conference included an enforcement update, a view from the defense, a conversation with the Division of Corporate Finance, ethical considerations with the SEC’s whistleblower program, hot topics regarding regulated entities, and much more. Nine general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

1. Annual Business Law Institute. This two-day Institute provides everything you need to know for your business law practice. Get updates on case law and legislation, social responsibility, real world ethical dilemmas, business lawyers’ worst nightmares, forming and funding early stage companies, employment law update, marijuana investments in commercial banking, commercial insurance, and much more. Twenty-seven general credits, including two ethics credits; available as CD homestudy and MP3 audio download. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

Colorado Court of Appeals: One-on-One “Show Up” Identification In Court Not Definitively Error

The Colorado Court of Appeals issued its opinion in People v. Garner on Thursday, December 17, 2015.

Due Process—In-Court Identification—Prosecutorial Misconduct—Evidence—Prejudicial.

C.A.D. and his brothers R.A.D. and A.A.D. were celebrating C.A.D.’s birthday at a bar. Before the group left, R.A.D. went to the bathroom. On his way back from the bathroom, someone from defendant’s group pushed R.A.D. into a table. During the ensuing chaos, defendant fired a shot at R.A.D., grazing his wrist. Defendant then turned, shot, and injured both C.A.D. and A.A.D. Defendant was convicted of two counts of attempted reckless manslaughter, one count of first-degree assault, and one count of reckless second-degree assault.

On appeal, defendant contended that his right to due process and the requirements of various rules of evidence were violated when the court allowed the brothers to make impermissibly suggestive in-court identifications after failing to make a pretrial identification. While the inability of a witness to identify the defendant in a photographic lineup is relevant and certainly grist for cross-examination, it does not, as a matter of law, preclude the victim from making an identification upon seeing the defendant in court. Instead, the previous inability to identify goes to the weight of his identification testimony rather than to its admissibility. Therefore, the trial court did not err in admitting the evidence.

Defendant contended that numerous instances of prosecutorial misconduct violated his right to a fair trial. There was only one instance of prosecutorial misconduct, which occurred when the prosecutor improperly used the word “lie” when hypothecating about the veracity of the three brothers as witnesses during rebuttal closing argument. However, viewing the comments in context and in light of all of the evidence, the prosecutor’s single use of the word “lie” was not so flagrantly, glaringly, or tremendously improper as to rise to the level of plain error.

Defendant also argued that the trial court committed reversible error in admitting as evidence a report containing the data extracted from a cell phone found at the crime scene. The cell phone belonged to defendant’s friend, Velasquez, who was also present the evening of the shooting. The evidence included photos of defendant and Velasquez making hand gestures that could be interpreted as gang signs and text messages that were violent in nature. The photos and text messages on the phone, however, were not prejudicial enough to conclude that the trial court abused its discretion in admitting this evidence. The judgment was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Defense Counsel Did Not Err by Refusing to Call Expert Witness who Agreed with Prosecution

The Colorado Court of Appeals issued its opinion in People v. Garner on Thursday, December 17, 2015.

First-Degree Murder—Ineffective Assistance of Counsel—Rebuttal Expert—Jury Instructions—Conflict of Interest.

Defendant was charged and found guilty of first-degree murder for stabbing a female friend to death when the two were most likely high on methamphetamine.

On appeal, defendant contended that the post-conviction court erred in denying his motion because the evidence at the post-conviction hearing established that his trial counsel was ineffective. Defense counsel was not ineffective for failing to call a rebuttal expert to testify regarding the cause of the victim’s death after defendant’s first expert changed her mind and agreed with the prosecution’s expert witnesses. Further, because the subject of hypothermia as a potential cause of death was not central to the case, defense counsel did not err in failing to call an expert on this issue. It was also reasonable for defense counsel to forgo calling a methamphetamine expert, who could cause more harm than good to defendant’s case, and to forego calling another inmate, Mr. K, when this witness had three felony convictions and two other inmates had already been used as impeachment witnesses to rebut the prosecution’s witness. It was also not a conflict of interest for defense counsel to represent defendant after previously having represented Mr. K, who was a potential witness for defendant.

Defendant also asserted that his attorney erred by not objecting to the jury instructions, which only contained a partial instruction regarding intoxication law. However, voluntary intoxication was not consistent with defendant’s theory of the case, which was that he did not kill the victim. Therefore, although defense counsel should have asked to include a complete instruction regarding intoxication law since the prosecution had introduced the instruction, it was not err in failing to do so given the theory of the case. In light of these considerations, the post-conviction court correctly determined that defendant had not shown an actual conflict of interest adversely affecting his counsel’s performance.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Two Previously Published Opinions Withdrawn and Consolidated

The Colorado Court of Appeals issued its modified opinion in Rogers v. Forest City Stapleton, Inc., which was published on November 19, 2015, and in Dickinson v. Lincoln Building Corp., which was also published on November 19, 2015. These opinions were modified to reflect that they were consolidated with their companion cases from November 19.

Tenth Circuit: Unpublished Opinions, 12/21/2015

On Monday, December 21, 2015, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Dutton v. Colvin

United States v. Rodriguez

Ray v. Moon

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