August 20, 2019

Happy Thanksgiving from CBA-CLE!

We at CBA-CLE would like to wish you a very happy Thanksgiving!

In honor of the holiday, our offices will close at 3 p.m. today. We will reopen at 8 a.m. Monday morning. You can still order books, register for seminars, and order homestudies on our website,

Happy Thanksgiving!

Oh, the Places You’ll Go — CLE Says Farewell to Assistant Executive Director Dawn McKnight


It is a sad day at CBA-CLE as we say goodbye to our leader, coworker, and friend — Dawn McKnight. Dawn has devoted over fourteen years to CBA-CLE. She began her tenure in the publications department. However, she left CBA-CLE after a short time to utilize her varied skills on the partnership track in private practice. Her drive and enthusiasm so impressed CBA-CLE Executive Director Gary Abrams that when the position of Publications Director opened up, he wooed her for three months to take over the department. To our relief, she finally relented and accepted the position. We are so glad she did.


As with everything she does, Dawn has tirelessly led the publications department with dedication and integrity. Under her guidance, the publications department went from a two-person department with a handful of books to a full-scale legal publisher with a staff of seven offering about 60 original titles.


In addition to growing the publications department, Dawn became CBA-CLE’s Assistant Executive Director in 2006. She capably assumed the added responsibilities of assisting with the management of a large nonprofit corporation during the economic downturn while handling the challenges of a publications department in an increasingly digital age.


Alas, though, all good things must come to an end. Dawn has accepted a position with the Colorado Supreme Court Office of Attorney Regulation Counsel. She has promised to return to us, though, to present at CLE programs. We are going to hold her to it!


Congratulations, Dawn, on your new endeavor. Oh, the places you’ll go — you will continue to do amazing things, although you will be sorely missed at CBA-CLE.


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.”


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.


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.

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.

Colorado Water 2012 Initiative a Roaring Success

The year 2012 was remarkable for the history of water regulation in Colorado. It marked the 75th anniversary of the legislation that created many of Colorado’s water management organizations, the 100th anniversary of the Rio Grande Reservoir, the 50th anniversary of the Fryingpan-Arkansas project in the Southeastern Water Conservancy District, and the 10th anniversary of the start of the Colorado Foundation for Water Education.

In order to celebrate these anniversaries and acknowledge the importance of water in Colorado’s culture, the Colorado Foundation for Water Education developed the Colorado Water 2012 Initiative. Through fundraising, the initiative raised $130,000 and used it to spread its message of water awareness to over 500,000 Coloradoans.

CLE participated in the Colorado Water 2012 Initiative by hosting quarterly water book club programs, which were webcast throughout the state. Justice Hobbs presented on and signed his books, Living the Four Corners and Into the Grand, at one of these book club events. He also introduced Patty Limerick at the October event about her book, A Ditch in Time.

The Colorado Foundation for Water Education plans to continue many of the projects it began in partnership in 2012. For more information about water-related events in 2013, click here. For continuing updates on water in Colorado, click here.

Crowdfunding and the Jumpstart Our Business Startups Act

On April 5, 2012, President Barack Obama signed the Jumpstart Our Business Startups Act (JOBS Act) into law. The JOBS Act was intended to increase the ability of small businesses to raise capital.

The legislation makes several changes to existing laws for small businesses. It enlarges the time from two to five years for certain small companies to begin compliance with some regulations, including provisions of the Sarbanes-Oxley Act. It allows certain small businesses to have more shareholders before registering with the SEC and becoming a public company. It also creates a new exemption from public filings with the SEC, and gives wider latitude to “emerging growth companies.”

The JOBS Act makes direct mention of “crowdfunding.” Crowdfunding refers to the funding of a company by selling small amounts of equity to many investors. Title III of the JOBS Act amends Section 4 of the Securities Act to allow “crowdfunding” by exempting issuers from the requirements of Section 5 of the Securities Act when they offer and sell up to $1 million in securities, provided that individual investments do not exceed certain thresholds and the issuer satisfies other conditions in the JOBS Act. The SEC has been tasked with developing regulations for crowdfunding; these are being developed and implemented. Until the regulations are implemented, however, the SEC cautions that “any offers or sales of securities purporting to rely on the crowdfunding exemption would be unlawful under the federal securities laws.”

Chapter 26 of The Practitioner’s Guide to Colorado Business Organizations discusses the JOBS Act and other securities issues for small businesses.

CLE Book: The Practitioner’s Guide to Colorado Business Organizations

The 2012 Supplement to The Practitioner’s Guide to Colorado Business Organizations is now available. Click here to purchase the supplement online, or call (303) 860-0608.

Book Review — “Losing Twice: Harms of Indifference in the Supreme Court”

Losing Twice: Harms of Indifference in the Supreme Court
by Emily M. Calhoun

In Losing Twice, University of Colorado Law School Professor Emily Calhoun argues that the way judicial opinions are written can cause losing stakeholders to suffer additional, unnecessary harms. Given the topic, the book will be of interest to judges and others who write judicial opinions; however Professor Calhoun’s intended audience is “ordinary citizens.”

Calhoun’s thesis is non-ideological. Debates about originalism, minimalism, and activism are refreshingly absent from her book. Instead, Losing Twice focuses on people—most narrowly the non-prevailing parties in Supreme Court constitutional-rights disputes, and broadly, an array of stakeholders affected negatively by court decisions. These stakeholders come to the court in good faith, with much at stake, making the judicial choice to rule against them “essentially [a] tragic choice.”

Judicial opinions can be written in a way that honors losing stakeholders’ status as citizens or that demeans them; that acknowledges their continuing role in constitutional democracy or that shuts them out; or that respectfully articulates their views on an issue or that trivializes those views. For Calhoun, properly honoring losing parties and positions in judicial opinions is more than just a nice thing for judges to do. Opinions that demean losing litigants, that ignore them (willfully or inadvertently), or that hide behind hyper-technical rationality or “the doctrine made me do it” rhetoric create real harms, not only to the immediate parties but also to judicial legitimacy and democracy.

Calhoun offers the judicial opinions for two abortion cases, Roe v. Wade and Gonzales v. Carhart, as examples of opinions causing harm. Although the outcome in the first case is viewed as a pro-choice victory and the outcome in the second a pro-life one, Calhoun argues that both opinions show an indifference to the constitutional stature and autonomy of women.

Held up as an example of a well-written opinion is retired Denver Judge Jeffrey Bayless’s opinion in Romer v. Evans. According to Calhoun, Judge Bayless carefully laid out the arguments of each side and made a “special effort to address all citizen stakeholders,” not just those identified in the parties’ briefs. Judge Bayless also acknowledged the difficulty and impermanence of his decision and “put himself and his judgments about the legitimacy of the decision at the mercy of his audience.”

Calhoun’s claims are not beyond critique. Given how seldom lawyers—let alone “ordinary citizens”—actually read judicial opinions (something Calhoun seems to acknowledge in her discussion of Roe), the composition of opinions may have little effect on our public knowledge of their meaning, or on how their language is paraphrased and summarized by the media or by other instant and historical intermediaries. Nevertheless, judges, lawyers, and armchair Supreme Court enthusiasts will find Losing Twice to be a thought-provoking read that sheds new light on famous constitutional law decisions and that may inform their own written expression.

Derek Kiernan-Johnson is a legal writing professor at the University of Colorado in Boulder. He teaches legal writing, appellate advocacy, and judicial-opinion writing — (303) 492-5863, by permission. ©2011 Colorado Bar Association, 40 The Colorado Lawyer 114 (August 2011). All rights reserved.

CLE Program: Losing Twice – Harms of Indifference in the Supreme Court with Emily Calhoun

This CLE presentation took place on Monday, October 1. The program will be available as a homestudy in two formats: video on-demand and mp3 download.

Colorado Revised Statutes Now an eBook for Mobile Devices

We are excited to announce that Circuit Media, in partnership with CBA-CLE, has developed a 3-volume, digital version of the Colorado Revised Statutes (C.R.S.). An essential part of any attorney’s work day, the C.R.S. eBook will be available for purchase and download on any eReader (this includes your iPad, iPhone, Droid, and Kindle) for research on the go.

Benefits of using the C.R.S. eBook:

  1. Officially sanctioned version using the official text of the C.R.S. – ensuring accuracy and integrity
  2. Access anywhere, any time – no Internet connection needed
  3. Provides you with productivity tools to make your work easier including highlighting, copy and paste, bookmark and note creation
  4. Keyword and text search capabilities
  5. All 43 Titles accessible at your fingertips without the headache (and backache!)

The C.R.S. eBook will be utilized by thousands of attorneys daily. Looking for attorney referrals to increase your brand awareness or your business? Advertising within the C.R.S. eBook is an easy and cost-effective way to expand your net.

For all the details, email

The complete eBook information guide and advertising order form can be read below, or click here to download or print it.

Colorado Revised Statutes Now an eBook

Professors Calhoun and Wilkinson Named Winners of Jules Milstein Scholarship Award

Editor’s Note: Celebrate the opening of the Supreme Court’s next term. Details below.

The University of Colorado School of Law has announced professors Emily Calhoun and Charles Wilkinson as the 2012 winners of the Jules Milstein Scholarship Award. Prof. Calhoun is the author of Losing Twice, while Prof. Wilkinson was recognized for The People are Dancing Again. As noted on the CU Law website, the award is given to “Colorado Law faculty . . . for a substantial published work that best demonstrates excellence in legal scholarship. It is normally given once a year at the end of the spring semester for a work published at any point in the preceding two calendar years.”

Prof. Calhoun began her legal career in the early 1970s as a civil rights attorney with the Southern Regional Office of the ACLU. She has consulted with organizations and attorneys on civil rights issues, and has worked to protect faculty rights and privileges through administrative and other service at the University of Colorado. She teaches and writes in the areas of civil rights, intractable disputes, and federal jurisdiction. In addition to her faculty responsibilities, Professor Calhoun currently serves as both a mediator and an ombudsperson for faculty disputes at the University. In Losing Twice, Prof. Calhoun argues that Supreme Court decisions often inflict a second loss on the losing parties and that the outrage generated by well-known decisions such as Gonzales v. Carhart and Bowers v. Hardwick is a consequence of this second loss.

Prof. Wilkinson worked with the Native American Rights Fund and taught at the University of Oregon, the University of Michigan, and the University of Minnesota before coming to CU Law in 1987. Prof. Wilkinson’s scholarship and teaching focus on federal public land law and Indian law. He is the author of thirteen books, ranging from text books on public land law and Indian law to books aimed at a general audience. Prof. Wilkinson received the 2005 Colorado Book Award in the History category for Blood Struggle: The Rise of Modern Indian Nations and the 2000 Colorado Book Award in the Colorado/West category for Messages From Frank’s Landing. His latest book, The People Are Dancing Again: The Siletz Tribe Of Western Oregon, explores the history of Oregon’s Siletz tribe from initial contact with Europeans through termination of the tribe and eventual restoration of the tribe’s official status.

Please join Prof. Calhoun at the CBA-CLE offices on October 1, 2012, as we celebrate the opening of the Supreme Court’s next term. Prof. Calhoun will discuss Losing Twice, and encourages participants to bring examples of U.S. Supreme Court constitutional rights decisions that they consider to be outrageous. These decisions will be used to explore Professor Calhoun’s argument about losing twice in rights disputes.

CLE Program: Losing Twice – Harms of Indifference in the Supreme Court with Emily Calhoun

This CLE presentation will take place on Monday, October 1. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

Department of Homeland Security Announces Deferred Action for Eligible DREAMers

Editor’s Note: The new CBA-CLE book, Immigration Law for the Colorado Practitioner, is available for purchase. In addition to federal laws and regulations, lawyers must understand specific Colorado immigration laws and policies being implemented, and how they can affect their clients. This comprehensive reference covers an incredible range of practice issues, providing the necessary orientation, analysis, and authorities. It’s a new “must have” for the Colorado general practitioner, lawyers who focus their practice in areas that overlap with immigration law, as well as for lawyers who focus exclusively on immigration law. Click here for more information and to order.

By Kim Tremblay & Amber L. Blasingame

On June 15, 2012, Janet Napolitano, Secretary of the Department of Homeland Security (DHS), announced that the government will offer indefinite relief from deportation for young immigrants brought to the United States as minors.  Young immigrants, between the ages of 15 and 30 years old as of June 15, 2012, not in deportation proceedings will also be eligible to apply for deferred action.

Although this is not the DREAM legislation (Development, Relief, and Education for Alien Minors Act) that many have been pushing Congress to enact for years, it is a step in the right direction.  It will allow many young immigrants to come out of the shadows, support themselves, and use the skills they acquired in American schools in the workplace.  The DHS initiative will also provide more opportunities for young immigrants to apply and attend college or university, since many US post-secondary institutes require evidence of legal status for admission.  The department estimates that the new policy may benefit as many as 800,000 potential DREAMers.  However, many questions remain unanswered as both USCIS and ICE have 60 days to implement policies and procedures for filing deferred action requests.

Based on the results of DHS’s prior prosecutorial discretion initiative, it also remains to be seen whether this new policy will be any more successful for young immigrants in deportation proceedings.  The August 2011 DHS memo initiated a policy based on priorities to reduce the immigration court’s overbooked docket.  Under the prosecutorial discretion policy, DHS reviewed all 350,000 pending deportation cases nationwide and offered to administratively close about two percent of cases that were not priorities for DHS to pursue.  This was a much lower number than anticipated.  Thus, for young immigrants already in removal proceedings, it remains unclear whether this new policy will bring about much change.

More positive outcomes are expected for young immigrants who are not in deportation proceedings.  Applications for individuals who are not in deportation proceedings cannot be filed until USCIS implements a filing procedure.  In the meantime, however, potential DREAMers should consult attorneys to determine their eligibility for the program and start gathering documents to show that they meet the requirements. They should beware of individuals or agencies who claim they can help but who are not licensed to represent and assist individuals in this legal process.

Potential DREAMers physically present in the United States should also get documentation to show they are here from today and until deferred action is granted.  They should also hold on to anything to show they were present on June 15, 2012.

Individuals must meet the following requirements to be considered for deferred action:

  • Entered the United States before age 16 and not be above 30 years of age;
  • Have continuously resided in the U.S. for 5 years as of June 15, 2012;
  • Were physically present in the U.S. on June 15, 2012;
  • Are currently in school, have graduated from high school or earned a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a serious crime or multiple minor crimes that pose a threat to the national security or public safety.

Those who meet the criteria will be qualified to obtain deferred action for two years, subject to renewal for an indefinite period of time, and will be eligible to apply for work authorization if they can show financial need.

Amber Blasingame is an associate attorney at the Joseph Law Firm and has focused her practice on immigration law since 1995. Kim Tremblay is also an associate attorney at the Joseph Law Firm who specializes in immigration law. They contribute to the Immigration Issues blog, where this post originally appeared on June 19, 2012.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

Registration Now Open for Denver Senior Law Day and 2012 Senior Law Handbook Available Online

The 2012 Senior Law Handbook is now online! Designed to provide aging adults and their caregivers and families with useful information on subjects relevant to their legal concerns, it is only possible with the generous donation of time and intellect by our volunteer authors. CBA-CLE would like to thank all of the authors for their contributions and willingness to share their expertise with Colorado’s older adults. The 2012 Handbook includes 33 chapters on a variety  of topics ranging from Social Security Benefits to What Seniors Need to Know About Facebook.

You can review and download individual chapters by clicking here.

And, you’ll receive a free copy of the handbook when you attend Senior Law Day in Denver on July 28, 2012. Registration is now open for this annual educational seminar, which presents programs specifically designed for seniors in the Colorado community. This seminar will provide attendees with important and useful information on many issues facing our growing senior citizen population.

If you are a senior, an adult child with an aging parent, or a caregiver, this is one day you cannot afford to miss. Mark your calendar today for this excellent and informative event and click here to register now!

Are You Up to Date? Torts: 2011 Annual Survey of Colorado Law

A lot happened in 2011 in the area of Tort Law, especially in the appellate courts. Are you familiar with all the case law and developments?

CBA-CLE is offering a number of one-hour CLE classes covering major updates from the past year in a number of practice areas, as well as publishing a full 2011 Annual Survey book for practitioners. Our upcoming Torts program will cover updates in numerous areas of tort law that should interest almost any civil litigator, including:

  • The Dram Shop Statute
  • The Colorado Governmental Immunity Act
  • The Civil Theft Statute
  • The Punitive Damages Statute
  • Res ipsa loquitur doctrine and sudden-emergency instruction
  • Medical malpractice
  • Legal malpractice and negligent misrepresentation
  • Constitutionality of significant punitive-damages award
  • Burden of proof
  • Certification of class actions
  • Proof necessary for but-for causation
  • Recreational-liability claims
  • Negligent infliction of emotional distress
  • Trade-secret status of proprietary computer databases

Also, take a look below at this segment of the Torts: 2011 Annual Survey of Colorado Law chapter by the presenter of the program, John Grund, Esq.

Torts: 2011 Annual Survey of Colorado Law

CLE Program: Torts – 2011 Annual Survey of Colorado Law

This CLE presentation will take place on Tuesday, March 6. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

Family-Based Immigration: An Introduction to Concepts and Procedures

Family-based immigrant and nonimmigrant visas are one of the major ways foreign nationals enter, remain, and obtain permanent residence in the United States. The policy behind family-based visas is family reunification. All family-based immigrant visas require a petition to be filed in the United States, proving eligibility for the benefit.

  • There are sponsor-based family immigrant visas whereby the petition is only filed by a qualifying family sponsor or petitioner. Such sponsor-based applications involve spouses, parents, children, and siblings of U.S. citizens, and spouses and children of lawful permanent residents (LPRs).
  • There are some petitions that do not necessarily require a family sponsor but require a qualifying family relationship to be eligible for this “self-petition.” Such petitions would involve those exposed to domestic violence who qualify under the Immigration and Nationality Act (INA).
  • Widowers and other qualified family members of deceased petitioners may be eligible as self-petitioners as well.

Whether sponsor-based or self-based, the petition must first be filed and approved. A visa must be available before the foreign national can obtain a visa or adjust status to permanent residence. At this stage, the foreign national applicant must meet certain admissibility requirements to enter on a visa or to obtain permanent residence in the United States, unless waived under certain circumstances. One of these admissibility requirements, public charge, is applicable to all family-based immigrant applications and requires the submission of an affidavit of support. After obtaining permanent residence, some family members are subject to a two-year condition and must take proactive measures in the future to maintain their residence in the United States.

If you are a family law or immigration law practitioner, consider attending this short, 90-minute presentation to get the fundamentals of family-based immigration on February 6, 2012. The program, Family-Based Immigration: An Introduction to Concepts and Procedures, will cover:

  • Qualifying relationships to sponsor a family member
  • The process for those family members sponsored
  • The Affidavit of Support requirement
  • Other options to family sponsorship
  • Conditional Residence Status
  • K-1 Fiancé Visas
  • The concept of admissibility

This program is based on a chapter from the new CBA-CLE book, Immigration Law for the Colorado Practitioner. This indispensable reference, written with the Colorado lawyer in mind, covers a wide range of practice issues, providing the orientation, analysis, and authorities for immigration lawyers and lawyers whose practice overlaps with immigration law. Click here for more information about the book.

A free portion of the Family-Sponsored Immigration chapter, written by the program’s faculty, Catherine O. Brown, is available below for your reference, along with details about the program.

Family-Sponsored Immigration Chapter Segment

CLE Program: Family-Based Immigration – An Introduction to Concepts and Procedures

This CLE presentation will take place on Monday, February 6. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.