Business, Finance and Corporate Law

Bankruptcy
Business Litigation
Capital Formation and Corporate  Finance
Commercial Lending and Leasing
Commercial Transactions
Corporate Counseling
Corporate Structure and Organization
Employment Law and Compensation
Finance/Bond Transactions
Intellectual Property Law
International Law
Mergers and Acquisitions
Public/Private Partnership (P3)
Special Assets Restructuring
Taxation
Transportation

Construction Law

Construction Litigation

Eminent Domain / Condemnation

Condemnation Litigation
Eminent Domain
Inverse Condemnation Litigation

Employment Law

Employment Litigation
Employer’s Rights

Environmental Law

Insurance Litigation

Land Use and Zoning

Assisted Living Housing
Civil Rights Litigation (42 U.S.C. §1983)
Liquor Licensing
Land Use Litigation 

Litigation and Appeals

Antitrust and Competition Law
Appeals and Appellate Law 
Bankruptcy
Business Litigation
Civil Rights Litigation (42 U.S.C. §1983)
Class Actions
Construction Litigation
Eminent Domain
Employment Litigation
Insurance Litigation
Land Use Litigation
Probate Litigation
Real Estate Litigation
Water Rights

Municipal and Governmental Law

Elections and Election Disputes
Finance/Bond Transactions
TABOR

Public/Private Partnership (P3)

Probate and Estate Planning

Probate Litigation

Real Estate Law

Acquisition Sales and Leasing
Community and Homeowner Associations
Construction Law
Development
Eminent Domain
Finance
Land Use and Zoning
Land Use Litigation
Real Estate Litigation

Special Districts and Business Improvement Districts

District Management
District Organization
Special District Notices

Transportation

Water Law

December 16, 2008
Paul J. Hanley assisted a pharmacy benefit management client with the acquisition of the assets of an Atlanta based pharmacy management business in a transaction valued at approximately $10 million. The transaction involved a bifurcated closing due to regulatory issues, as well as a post-closing purchase price adjustment and an extensive earnout involving over 87% of the purchase price, determined over two measurement periods, and payable in three installments.

November 25, 2008
Richard L. Harring and Grimshaw & Harring has been a long time supporter of the Colorado Judicial Institute, and for the sixth year in a row a group attended the Annual Judicial Excellence Awards Dinner held November 18, 2008.  Among the attendees were Jody Harper Alderman, Jamie N. Cotter, and Leslie E. Miller.     

The Colorado Judicial Institute was formed as a nonprofit in 1979 by a group of community leaders, most of whom were not attorneys. The goal is to promote excellence in the Colorado judicial system by building trust through education about the legal system.

Grimshaw & Harring congratulates the Judge Alfred C. Harrell, Judge Robert H. Russell, II and Judge M. Jon Kolomitz, and Magistrate Jane E. Westbrook, and also thanks Tony Eitzel from Denver Panoramic for the photograph below.

October 27, 2008
Paul Hanley was lead attorney in the representation of a developer of a natural gas project in western Colorado. The purchase price for a 30% interest in the project was over $12 million, and the complex purchase/workout transaction involved clearing title to over 125 oil and gas leases and utilizing sales proceeds to reach simultaneous settlements with ten lien claimants and over thirty other creditors. It also required the settlement and release of a bridge loan in an amount over $6.1 million.

October 13, 2008
Matthew R. Dalton authored an article regarding new requirements specific to some special districts providing utility services in the October/November issue of the SDA Newsletter.  The requirement is for certain entities to take action preventing and mitigating identity theft, and November 1, 2008 is the date by which a plan must be implemented. 

In 2003 Congress passed the Fair and Accurate Credit Transactions Act (“FACT Act”).  In late 2007, certain entities became required to establish and implement written Identity Theft Prevention Programs by the November 1, 2008 deadline.  The rule leaves much discretion, and the programs need only to be of “appropriate size and complexity” relative to the utility and the nature and scope of a District’s activities, but certain Special Districts who provide utility services are definitely affected. 

In this instance, the rule applies specifically to utility companies which are creditors – those which maintain “covered accounts,” or those that include the provision of water and sewer service for payment after the fact via an account established with the District.  Basically any account for which there is a “reasonably foreseeable risk to customers . . . from identity theft, including financial, operational, compliance, reputation, or litigation risks.” 

Adoption of a resolution can suffice, however there are certain important requirements regarding for example “Red Flags” that need to be included in a Dsitrict’s plan and the implementation thereof.  Review the entire article below, including a sample resolution, and contact Matt Dalton if you have any questions or would like Grimshaw & Harring to assist with drafting and advising as to implimentation of a fully compliant plan.

September 22, 2008
Wayne B. Schroeder was again included in the 2009 Edition of The Best Lawyers in America®, recognized in the specialty practice area of Eminent Domain and Condemnation.  Highly regarded among law firms, large corporations, media and the public, Best Lawyers’ unique nomination process renders it an unbiased resource.  Selection is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations by top attorneys in the country.  No fee or purchase is required, ensuring Best Lawyers remains the most respected referral list of attorneys in practice.      

September 9, 2008
Wayne Schroeder was retained by Moreland Properties to file a section 1983 civil rights action against the City of Thornton for depriving Mr. Moreland of his procedural due process rights when Thornton took away the automobile dealership zoning on Mr. Moreland’s nine acre property at 144th Avenue and Interstate 25.  Chief Judge Nottingham ruled in favor of Mr. Moreland and, in a lengthy published opinion, found that Thornton’s failure to adequately apprise Mr. Moreland that an ordinance might deprive him of his protected property interest in the zoning classification of his land constituted a due process violation and established Thornton’s liability on Mr. Moreland’s section 1983 claim.  See Moreland Properties, LLC v. City of Thornton, 559 F.Supp.2d 1133 (D. Colo. 2008).

After the liability ruling, Thornton agreed to purchase Mr. Moreland’s nine acre property at 144th Avenue and Interstate 25 and pay additional damages to Mr. Moreland for a sum total settlement of $5.725M.

 August 18, 2008
Jamie N. Cotter joined the Grimshaw & Harring family in August as a new associate.  Ms. Cotter will focus her practice in the areas of civil, commercial and real estate litigation.  Jamie was born in Vermont, and moved to Colorado in 2002 to attend Colorado College and The Sturm College of Law at The University of Denver.

August 15, 2008
After many months of planning and hard work, the Grimshaw & Harring redux is complete!  We have taken over the entire 38th floor of the Wells Fargo Center, designed a new logo, and completely redesigned our website.   We hope this site is easy to navigate, and that you can easily reach the information you need quickly. 

Thank you for visiting.  We would love to hear your comments on the new design and remain committed to helping you with your legal issues, so please feel free to contact us, either with your feedback or just to say Hello.

August 4, 2008
This Wisconsin case settled on the eve of trial.  Involving starkly different approaches to valuing damages in a contract dispute, the judge stressed the importance of independent verification and objective data.

Plaintiff’s expert used raw data to prepare five different models of damages projections based on sales quotas, and in motions in limine the court allowed testimony on all five calculations, saying they would assist the jury in assessing damages.

Alternatively, the defendant’s expert prepared two sets of projections: one weighted and one unweighted. Both sets were derived from the plaintiff’s “alleged sales,” and the numbers were obtained from one document provided to the expert by Defendant’s counsel. Taking into account Plaintiff’s decreased sales performance, the defense expert’s original regression resulted in a “negative sloping trendline.” Because Plaintiff’s sales varied widely from month-to-month, the expert weighted the data to obtain a positive trendline for years five through 10 of the agreement.

The court focused not only on the source of the defendant’s expert’s data, but what he failed to do with it. Contrasted with Plaintiff’s expert’s independent valuation of raw data, the court said “the bottom line is that [the defense expert] never talked to anyone to verify the accuracy of the information in any of the documents he reviewed.” Finding the basis for his projections unreliable, the court excluded the projection testimony. The case settled on the eve of trial.

 June 19, 2008
Paul Hanley assisted a majority owner of an interest in a hotel/casino in selling to a minority owner in a sale and redemption transaction valued at $59 million. Consideration in the leveraged buyout transaction included approximately $55 million in cash, approximately $4 million in auction rate bonds, a lifetime employment agreement, and a lifetime lease of a suite in the hotel/casino.

June 13, 2008
Tom Grimshaw is one of seven lawyers in Colorado ranked as #1 Real Estate Individuals in Zoning and Land Use. In September 2007, 40 full-time researchers employed by UK based Chambers & Partners collected information and compiled a 2008 guide to the top law firms and lawyers in the United States. The resulting publication was reprinted in a June Law Week Colorado.

May 15, 2008
Wendy Harring and Paul Hanley assisted the developer of a mixed-use resort development in buying out two minority interest owners. The transaction involved redemption and sale of ownership interests in a corporation and three limited liability companies as well as the acquisition of several parcels of real estate forming a part of the development.

May 9, 2008
Richard Harring, Paul Hanley, Ron Fano, and Todd Seelman represented the firm at the 18th Annual Meeting of Meritas in Chicago, Illlinois. Meritas is one of the world’s largest and most respected legal resources – an integrated, non-profit alliance of more than 170 independent commercial law firms located in over 60 countries.

March 19, 2008
Intersol 2008, Paris France – William J. Brady
Bill Brady delivered a white paper and presentation on aspects of the 2007 European Union Environmental Directive and “Assurances Environnementaux” at Intersol 2008, Paris, France.  Le Comité Scientifique d’Intersol selected him to address the conference attendees, all of whom were from EU Member States.  The white paper, also published in “Environmental Regulation of Colorado Real Property,” Bradford Publishing, 2007, was also distributed to the conferees.   Held annually in Paris, Intersol is a prestigious international congress which this year focused upon the remediation of contaminated soils and groundwater, the transfer of associated risk and the conveyance of “brownfields” sites within the EU.  Bill addressed the various insurance coverages available for both retroactive and prospective liabilities.  In addition to Grimshaw & Harring, Bill appeared on behalf of the University of Denver Sturm College of Law and Meritas, our international affiliation of law firms of which Grimshaw and Harring was a founder.   For additional information, visit Intersol 2008.

March 7, 2008
Award Ceremony for Northwest Parkway Project
Russ Dykstra attended the ProjectFinance magazine North American project awards ceremony in New York, NY as part of the project team for the Northwest Parkway public private partnership (P3) concession.  The project received the 2007 Project Finance “North American Transport Deal of the Year” award at the ceremony.  Mr. Dykstra and Grimshaw & Harring, P.C. served as local counsel for the transaction in conjunction with national counsel, Chadbourne & Parke, LLP, representing the Northwest Parkway LLC. See 2007 Firm News for more project information.

The Northwest Parkway Project was also among six projects nominated for the International Financial Law Review (IFLR) America Award.  IFLR is a worldwide industry magazine that aims to reward innovation in the key practice areas in debt and equity capital markets, M&A, project finance, securitization and restructuring, and we are honored for the recognition.

January 1, 2008
After 30 years, Larry Berkowitz has stepped down from his City Attorney post to return to private practice.  Mr. Berkowitz has had a part-time presence at Grimshaw & Harring since 1995, and we welcome his knowledge and expertise full-time.  Larry will continue to specialize in the following areas:

•  Municipal and Governmental Law 
• Land Use / Zoning 
• Business / Finance 
• Finance / Bond Transactions 
• Liquor Licensing 
• Assisted Living Housing 

January 1, 2008
Todd R. Seelman and Russell W. Dykstra – Director/Shareholders
Effective the first of the year, Grimshaw & Harring, P.C. welcomes Mr. Seelman and Mr. Dykstra as its newest Director/Shareholders.  Mr. Seelman will continue his practice in the areas of complex civil litigation, especially involving antitrust and unfair trade practices, class actions, non-compete/solicitation agreements, trade secrets, fraud, negligence, partnership and shareholder disputes, employment, commercial contract disputes, and appeals. Mr. Dykstra will continue to represent public/private partnership projects, project finance, land use, transportation, special districts and real estate development.

Land Use Litigation

• Jamie N. Cotter

Related Areas of Law

• Assisted Living Housing
• Eminent Domain/Condemnation
• Land Use and Zoning
• Liquor Licensing
• Real Estate Litigation

Our liquor licensing practice focuses on all of the needs of liquor permit holders in Colorado from application and renewal to sale or transfer. Our clients include restaurants, hotels, bars, nightclubs, golf courses, developers, and other retail establishments selling alcohol, beer, wine, or liquor.

Our attorneys take care to demonstrate that all of the requirements for the issuance of the license have been satisfied, and to whatever extent possible, address concerns. Specific areas of our liquor licensing practice include:

• Obtaining new liquor licenses
• Negotiating contracts on behalf of buyers and sellers of business establishments
• Preparing all documents related to a liquor license transfer
• Representing clients in liquor license hearings
• Appealing the denial of a liquor license transfer
• Appealing the denial of a liquor license renewal
• Appealing the denial of a liquor license issuance
• Alterations of licensed premises
• Zoning issues

Grimshaw & Harring lawyers also have the experience and expertise to advise liquor licensees concerning other legal issues directly related to their daily business.

Attorneys practicing in the areas of Liquor Licensing:

• Larry W. Berkowitz

Other Land Use – Zoning Related Areas:

• Assisted Living Housing
• Liquor Licensing

Attorneys practicing in the areas of Assisted Living Housing:

• Larry W. Berkowitz

Our land use attorneys specialize in rezonings for residential, commercial and industrial projects, as well as mixed use planned developments. We have experience with matters involving master plans, vested rights, downzoning, annexation, development agreements, transit-oriented development, telecommunications / broadcast facilities, group homes/assisted living facilities, outdoor advertising, subdivision plat and site plan review, dedications, exactions, impact fees, growth management (moratoria and interim controls), aesthetics, design control, historic preservation, and environmental land use controls (wetlands, flood plains, agricultural land preservation, conservation easements, ground water protection and transfer of development rights).

Our real estate attorneys have a wide range of experience in the Front Range corridor of Colorado, as well as rural areas and resort communities throughout the state. Our work in mountain resort communities includes extensive dealings with the U.S. Forest Service and the Bureau of Land Management.

Our attorneys practicing in this area are very experienced, having practiced for an average of over 35 years. They also have extensive teaching experience in certified continuing legal education programs and at local colleges and universities with degree programs that focus on the areas of planning and control of land development.

Attorneys practicing in Land Use / Zoning

• Gilbert F. McNeish
• Larry W. Berkowitz

Land Use / Zoning Related Areas of Law

• Assisted Living Housing
• Land Use Litigation
• Liquor Licensing
• Real Estate Litigation

Contact Information

 On January 1, 2008, Larry W. Berkowitz left his 29 year appointment as City Attorney for Littleton and returned to private practice.  Mr. Berkowitz has had a part-time presence at Grimshaw & Harring since 1995, and we welcome his knowledge and expertise full-time in the areas of municipal and governmental law, land use and zoning, business, finance and bond transactions, liquor licensing and assisted living housing.

With a University of Colorado magna cum laude degree in Journalism, Mr. Berkowitz earned his JD at CU in 1973. In 1984, after working with the City of Littleton’s District Attorney, he accepted the City Council’s appointment as City Attorney. In the 29 years since, he helped acquire much of Littleton’s parks and open space, brought the RTD Light Rail to the south corridor, and secured settlement of the Lowery Landfill insurance cases, saving Littleton large fines imposed by the Colorado Department of Health.

In addition to serving as City Attorney, Larry has served as the Colorado State Chair of the International Municipal Lawyers Association for 30 years; is a 20 year member of the Colorado Municipal League holding positions on its Policy Committee, Liquor and Beer Codes Study Committee, Amendment 1 Ad hoc Committee and its City Attorneys Section; was Treasurer, VP and President of the Metro Denver Water Authority; is a member of the National Association of Bond Lawyers, Metropolitan City Attorneys Association and National Association of Public Pension Attorneys; is a member of the Colorado, Denver, Arapahoe County, and American Bar Associations, and is licensed in the U.S. District Court (Colorado), Court of Appeals, Supreme Court, 10th Circuit and U.S. Tax Court.

Practice Areas

• Municipal and Governmental Law
• Business Law
• Finance and Bond Transactions
• Liquor Licensing
• Assisted Living Housing
• Land Use – Zoning

Education

• University of Colorado (B.S. in journalism, magna cum laude, 1970; J.D., 1973)

Memberships

• Colorado, Denver, Arapahoe County, and American Bar Associations
• National Association of Bond Lawyers
• International Municipal Lawyers Association, 1978-present
• National Association of Public Pension Attorneys, State Chairman
• Colorado Municipal League, City Attorneys Section, Chairman 1981, Liquor and Beer Codes Study Committee 1982-1984, Policy Committee, 1983-1986, 1992-present, Amendment 1 Ad hoc
  Committee
• Metropolitan City Attorneys Association
• Metropolitan Denver Water Authority, President, 1987-1991, Board of Directors, Executive Committee, Treasurer 1985-1986, Vice President 1986-1987
• Metropolitan Water Providers Advisory Board and Executive Committee, 1984-1988
• Steering Committee, South Platte and Colorado River Storage Projects Participation Agreement, Two Forks, 1984-1988
• Nationwide Public Projects Coalition, Board of Governors, 1989-1991

Bankruptcy
Business Litigation
Capital Formation and Corporate Finance
Commercial Lending and Leasing
Commercial Transactions
Corporate Counseling
Corporate Structure and Organization
Employment Law and Compensation
Intellectual Property Law
International Law
Mergers and Acquisitions
Public/Private Partnership (P3)
Special Assets Restructuring
Taxation
Transportation

Construction Law

Construction Litigation

Eminent Domain / Condemnation

Condemnation Litigation
Inverse Condemnation Litigation
RTD Eastern Corridor Practice Group

Employment Law

Employment Litigation

Environmental Law

Insurance Litigation

Land Use and Zoning

Assisted Living Housing
Civil Rights Litigation (42 U.S.C. §1983)
Liquor Licensing
Land Use Litigation

Litigation and Appeals

Appeals
Bankruptcy
Business Litigation
Civil Rights Litigation (42 U.S.C. §1983)
Class Actions
Construction Litigation
Eminent Domain
Employment Litigation
Insurance Litigation
Land Use Litigation
Probate Litigation
Real Estate Litigation
Water Rights

Municipal and Governmental Law

Elections and Election Disputes
Finance/Bond Transactions
TABOR

Probate and Estate Planning

Probate Litigation

Public/Private Partnership (P3)

Real Estate Law

Acquisition Sales and Leasing
Community and Homeowner Associations
Construction Law
Development
Eminent Domain
Finance
Land Use and Zoning
Land Use Litigation
Real Estate Litigation
RTD Eastern Corridor Practice Group

Special Districts and Business Improvement Districts

District Management
District Organization
Special District Restructuring
Special District Notices
RTD Eastern Corridor Practice Group

Transportation

Water Law