HBC is pleased to welcome Tom Scott as an associate attorney with the firm. Tom is a graduate of the University of Denver, Sturm College of Law, graduating in the top 4% of his class, and was an editor of the Denver Journal of International Law and Policy. Tom obtained a B.A. in Political Science from Amherst College where he was also an all-conference baseball player. Before law school, Tom worked in business consulting in New York and New Jersey. Tom's practice will focus on business transactions and general civil litigation.
Justin Konrad Speaking at CU's Silicon Flatirons Conference on the Future of Video Programming
HBC entertainment, intellectual property and business attorney Justin C. Konrad will speak today at the SIlicon Flatirons Center's conference titled The Challenge of Monetizing Content in a Changing Era. Justin's panel will focus on the lessons that the video programming industry might learn from the upheavals in distribution models in the music industry over the last fifteen years.
The video programming industries remain an exception to the dynamic of the Internet's disruption of established distribution channels for content. For the music, newspaper, and, increasingly, the publishing industry, the Internet has presented a major challenge to their business model and the ability to monetize content. For the video programming industries, however, movies and TV offerings continue to enjoy popularity—and traditional providers continue to enjoy healthy revenues—even as the Internet expands its reach and impact.
The question for established video programming providers—and would-be disruptive upstarts like YouTube, iTunes, and Hulu—is whether they can successfully add value (e.g., personalized advertisements), raise quality, and/or cut costs to attract consumer interest. For the owners of high quality content, moreover, there is a high stakes question as to whether such upstarts are friend or foe. After all, once consumers start receiving high quality content for free, it is difficult to later monetize those offerings.
In this conference, we will frame the challenges and opportunities facing the established and upstart video programing distribution providers. After so doing, we will focus on the strategic issues facing the content owners, who are seeking to maintain the best of the legacy distribution arrangements and leverage opportunities based on the networked digital environment. Finally, we will take a look at the video programming industry from the perspective of the music industry to evaluate what lessons can be learned.
For more information on this conference or the Silicon Flatirons Center, visit the SFC website.
Seven HBC Attorneys Named as Best Lawyers In America for 2014
HBC would like to congratulate its seven attorneys who have been named as 2014 Best Lawyers in America by the Best Lawyers® peer-review publication. The HBC attorneys receiving this honor for 2014 are Jim Carpenter (Corporate Law, Mergers & Acquisitions Law); Connie Eyster (Trusts and Estates); Chris Ford (Personal Injury Litigation); Kim Hult (Medical Malpractice Law); Baine Kerr (Medical Malpractice Law); Bill Meyer (Commercial Litigation); and Brad Peterson (Construction Law).
Best Lawyers® is a venerable and well-respected peer-review publication in the legal profession. A listing in Best Lawyers® is widely regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers® lists have earned the respect of the profession, the media, and the public, as a reliable, unbiased source of legal referrals.
Best Lawyers'® lists of outstanding attorneys are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay any fee to participate in or be included on Best Lawyers® lists.
For more information, visit Best Lawyers'® website at www.bestlawyers.com.
Green Cards Available for Spouses in Same-Sex Marriages
In the past, a foreign national in a same-sex relationship with a United States citizen or lawful permanent resident was not eligible for a green card or any other immigration benefits as a result of such relationship. The recent Supreme Court ruling striking down the Defense of Marriage Act in United States v. Windsor has changed this dramatically. The U.S. Citizenship and Immigration Services office has begun to accept applications for green cards for foreign nationals in a same-sex marriage from those who are lawfully married under applicable state or national law. Currently California, Connecticut, the District of Columbia, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Vermont, and Washington have or will soon recognize same-sex marriages . Additionally, same-sex marriage is legal in Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Netherlands, Norway, Portugal, Spain, South Africa and Sweden. The U.S. citizen or lawful permanent resident spouse in a same-sex marriage occurring under the laws of one of these states or countries is now eligible to apply for a green card for his or her spouse. Currently, applications are not being accepted from those couples in a civil union only.
If you are interested in discussing a green card application, please contact HBC immigration attorney Maureen Eldredge at 303-442-6514 or eldredge@hbcboulder.com for more information.
F2-A Visas Available in August for Spouses and Children of Lawful Permanent Residents
The U.S. Department of State has announced that visas will be made available in the F2-A category beginning in August 2013. This category includes the spouses and children of lawful permanent residents (green card holders). In the past, the F2-A category has often required a wait of several years for a visa. The current availability of visa numbers for August means that certain spouses and children of permanent residents can apply now for a green card and may be able to remain in the United States while the application is pending.
If you think you or a family member could be eligible for an F2-A visa and would like to discuss the application process, please contact HBC immigration attorney Maureen Eldredge at 303-442-6514 or eldredge@hbcboulder.com.
HBC Welcomes John Clune as New Attorney
HBC is pleased to welcome John Clune, a nationally-recognized civil rights litigator focused on representing victims of violent crimes, as the newest attorney at the firm. John is a graduate of the Gonzaga University School of Law and the University of Iowa. John began his law career first as a Deputy District Attorney and then as Chief Deputy District Attorney in Eagle County, Colorado. He then turned to private practice where he focused on civil rights, personal injury and criminal defense. In 2009, John co-founded the Rocky Mountain Victim Law Center, the only Colorado public interest law firm for crime victims. At HBC, John's practice will continue to emphasize civil rights, personal injury, criminal defense and family law.
Chris Ford Elected Vice-Chair of Colorado Legal Aid Foundation
Chris Ford was elected Vice-Chairperson of the Legal Aid Foundation of Colorado at the Foundation’s May 2013 meeting. The Legal Aid Foundation of Colorado promotes equal access to justice by raising funds to provide civil legal services for low-income people in the state of Colorado. The Foundation, which was founded in 1981 as a nonprofit organization, is governed by a volunteer Board of Trustees comprised primarily of lawyers from around the state. Chris has served as a Trustee for the Foundation and has co-chaired the Boulder Campaign for the Legal Aid Foundation for the past six years.
Brad Peterson Selected 2013 Lawyer of the Year for Construction Law
HBC congratulates Brad Peterson on his selection as the 2013 "Lawyer of the Year" for Construction Law in Denver/Boulder by Best Lawyers in America. Selections are made after exhaustive peer-review assessments and honor those demonstrating the highest levels of ability, professionalism, and integrity. Brad was also named a 2013 Colorado "Super Lawyer" and "Best Lawyer" for his expertise in Construction Law.
Justin Konrad to Speak on Copyright and the Creative Commons at the University of Denver's Sturm College of Law
On April 25, 2013, HBC attorney Justin C. Konrad will be the featured guest speaker at the University of Denver Sturm College of Law's Spring Entertainment Forum. The topic of Justin's presentation will be Copyright and the Creative Commons, a discussion about open copyright licensing of creative works and the benefits and disadvantages of using open licenses or public domain dedications instead of the default "all rights reserved" rule under United States copyright law. The talk is free and open to the public.
Bill Meyer and Brad Peterson Selected as 2013 Top Rated Lawyers
HBC congratulates Bill Meyer and Brad Peterson for their recognition by American Lawyer Media and Martindale-Hubbell as 2013 Top Rated Lawyers in Commercial Litigation. Bill was also recognized as a 2013 Top Rated Lawyer in Intellectual Property. This honor puts Bill and Brad in an elite group of attorneys that deliver exceptional work for the Fortune 500. Top Rated Lawyers will be featured in the May issue of The American Lawyer and Corporate Counsel magazines.
Connie Eyster Voted Colorado Rising Star for 2013
For the fifth year in a row, Connie Tromble Eyster has again been honored by her selection to the 2013 Colorado Rising Stars list for her estate planning and probate practice. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
The Super Lawyers lists, including the Rising Stars list, are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.
Bill Meyer, Baine Kerr, Brad Peterson and Chris Ford Voted Colorado Super Lawyers® for 2013
Four Hutchinson Black and Cook lawyers, Bill Meyer (Business Litigation), Baine Kerr (Plaintiff Medical Malpractice), Brad Peterson (Construction Litigation) and Chris Ford (Plaintiff Personal Injury), have been selected to the 2013 Colorado Super Lawyers® list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.
HBC Sponsors Silicon Flatirons Center at the University of Colorado
Hutchinson Black and Cook is proud to announce that it is an Executive Member and sponsor of the Silicon Flatirons Center for Law, Technology and Entrepreneurship at the University of Colorado School of Law for the academic year 2012-2013. The Silicon Flatirons Center is a one-of-a-kind interdisciplinary research center at the University of Colorado School of Law. Silicon Flatirons' core mission is to elevate the debate surrounding technology policy issues; support and enable entrepreneurship in the technology community; and to inspire, prepare and place students in these important areas. In fulfilling this mission, Silicon Flatirons serves as a source for new ideas, a forum for in-depth discussions and research, as well as a valuable campus platform for the technology community.
HBC attorney Justin C. Konrad advises Silicon Flatirons as a member of the Silicon Flatirons Advisory Board, whose members are drawn from local and national leaders in business, goverment and the nonprofit sector.
For more information about Silicon Flatirons and upcoming events, visit the Silicon Flatirons website at www.siliconflatirons.com.
HBC Welcomes Emily Nation as a New Associate Attorney
HBC is very pleased to welcome Emily Nation as an associate attorney with the firm. Emily is a graduate of the University of Colorado School of Law, graduating in the top 10% of her class, and was a member of the University of Colorado Law Review. Emily obtained a B.A. in Philosophy from Dartmouth College. After law school, Emily clerked for the Honorable Monica M. Márquez at the Colorado Supreme Court. Emily's practice will focus on general civil litigation.
Colorado Secretary of State Issues Notification of Deceptive Solicitation
The Colorado Secretary of State's office has issued the following warning regarding possibly deceptive solicitations issued by "Compliance Services":
The Colorado Secretary of State’s office is notifying Colorado businesses of a possibly deceptive solicitation issued by “Compliance Services.” The entity has mailed solicitations titled “Annual Minutes Requirement Statement Directors and Shareholders” to businesses in Colorado. These solicitations offer to prepare documents to satisfy the annual minutes requirement for a $125.00 fee. Though most corporations are required to keep records of annual minutes, they are not required to file these records with any third party.
Although the solicitations contain disclaimers stating that “The preparation of minutes of annual meetings does not satisfy the requirement to file the Periodic Report required by COLORADO REVISED STATUTES Section 7-90-501,” the solicitation is creating confusion. Please be aware, the minutes of annual meetings are not required to be filed with the Colorado Secretary of State’s Office or any other government agency or third party. In addition, records of annual meetings are separate from the annual report filing with the Secretary of State’s Office, which for most businesses is just a $10 fee, online at www.sos.state.co.us.
Please feel free to contact an HBC business attorney if you have any questions regarding your company's corporate minutes or any other matters related to the organization or operation of your business.
Fraud Alert: Beware of Email EIN Verification Requests
Several business attorneys at HBC have recently fielded questions from our corporate clients about emails allegedly from the IRS relating to clients' federal tax identification (EIN) numbers. These emails appear to originate from the IRS and request that recipients “validate” their EIN through an attached hyperlinked website. If you receive one of these emails, delete it and do not click on any links. The IRS will never initiate contact with taxpayers by email regarding tax matters and any email that appears to be from the IRS requesting that a taxpayer click on a link or open an attached file is very likely to be fraudulent.
One version of the suspect email reads as follows:
Dear business owners,
Due to the changes in the taxation policies that have been recently ratified, IRS informs that LLC, C-Corporations and S-Corporations have to validate their EIN in order to confirm their actual status. You have 14-day period in order to examine all the changes and make necessary amendments. We are sorry to cause inconvenience.
For the details please refer to: <>
Sincerely yours,
Margaret Myers
Internal Revenue Service Representative
Please feel free to contact our business attorneys if you have any questions about your federal tax identification number or any other matters related to the organization or operation of your business.
Bill Meyer, Baine Kerr, Brad Peterson, Kimberly Hult, Chris Ford, and Connie Eyster Named “Best Lawyers in America” for 2013
Six HBC lawyers, Bill Meyer, Baine Kerr, Brad Peterson, Kimberly Hult, Chris Ford, and Connie Eyster, have been named in the 2013 edition of The Best Lawyers in America. Woodward White, Inc., publisher of the annual Best Lawyers list, surveys attorneys across the country to determine those to be included. Bill was selected for his commercial litigation practice, Baine and Kimberly for plaintiff’s medical malpractice, Brad for his work in construction law, Chris for plaintiff’s personal injury and Connie for her trust and estates practice.
Baine Kerr To Be Honored at Equal Rights Advocates' 38th Annual Luncheon
Equal Rights Advocates is a nonprofit legal organization dedicated to protecting and expanding economic and educational access and opportunities for women and girls. ERA will host its 38th annual luncheon on June 8, 2012, at the Union Square Hilton Hotel in San Francisco, CA, where it will honor HBC attorney Baine Kerr as one of two groundbreaking national Title IX litigators and present a video about the Title IX cases that Baine has undertaken at HBC. More information is available in the press release put together by ERA announcing the luncheon.
Melissa Sullivan to Present at CBA Annual Legislative Update
Melissa Sullivan will present the Trust and Estate Section update at the Annual Legislative Update Luncheon organizaed by the Colorado Bar Association. The Annual Legislative Update is intended for practitioners in the business, real estate, taxation and trust & estate areas of law in Colorado, and will take place at Fogo De Chao, 1513 Wynkoop Street in Denver, on Wednesday, June 13, 2012 at 11:30am. More information and registration is available online at the Colorado Bar Association's website.
Tax Exempt Nonprofits: Remember the Form 990 Deadline of May 15, 2012!
Although nonprofit organizations that have received exemption from federal taxation, including exemption under Internal Revenue Code 501(c)(3), are exempt from payment of federal income tax, most such organizations are still required to file an annual an exempt organization information return with the IRS each year. Organizations with $50,000 or more in annual gross receipts normally file Form 990 or Form 990-EZ, and those with less than $50,000 in annual gross receipts normally file Form 990-N (also called the "e-Postcard"). The deadline for these filings is the 15th day of the 5th month after the close of the organization's tax year, which means that calendar-year organizations must file by Tuesday, May 15, 2012 (or seek an extension of time to file). Failure to file information returns for three consecutive years can lead to revocation of the organization's tax exempt status.
If you need advice or assistance with legal issues relating to your nonprofit organization, feel free to contact HBC's business attorneys to discuss potential representation. Please note that all information provided on our website is subject to our standard disclaimer.