Business Owners Should Consider Leaving Estate Unequally By Shelley Thompson, Shareholder In the area of trusts, estates, and probate litigation, one of the most common reasons for disputes between siblings after the death of a parent who owns a business or family land is the parent’s unwillingness to leave the estate unequally, or an attorney’s […]

Accepting Cryptocurrency as Payment for Legal Fees Ethical and Practical Considerations BY HERRICK K. LIDSTONE, JR. AND ERIK K. SCHUESSLER In the early 1970s, the legal community grappled with whether to allow payment of legal fees by then-innovative means: the credit card.1 Now, attorneys are faced with another cutting-edge method of paying legal fees: virtual […]

Mr. and Ms. Litigator, Your Help Is Needed By Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. April 10, 2019 Too many times our judicial officers issue opinions in cases that do not accurately reflect the law of business entities. For example, in Stockdale v. Ellsworth, the Colorado Supreme Court decided a case involving […]

UNSOLICITED AND UNEXPECTED COMMUNICATIONS AND THE TROUBLE THEY CAN CREATE 2018 ETHICS UPDATE1 PRESENTATION TO THE TAX, BUSINESS LAW, REAL ESTATE AND TRUST AND ESTATE SECTIONS DECEMBER 12, 2018 BY HERRICK K. LIDSTONE, JR. BURNS, FIGA &WILL, P.C. GREENWOOD VILLAGE,CO How many times have we received emails from unknown parties starting off: “Can your firm […]

Protecting Personal Identifying Information In Colorado – The Rules Have Changed By Lauren M. Collins, Esq., Burns, Figa & Will, P.C. & Jeremy Schupbach, Director, Legislative Relations, Colorado Bar Association On September 1, 2018, Colorado House Bill 18-1128 (“HB 1128”) went into effect. HB 1128 essentially heightens Colorado covered entities’ obligations to implement plans to […]

Amendments to Mandatory Continuing Education Rules The ‘65’ Exemption Becomes the ‘72’ Exemption1 By Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. Greenwood Village, Colorado Under existing (soon to be repealed) Rule 260.5 of the Colorado Rules of Civil Procedure, “[a]ny attorney shall be exempt from the minimum educational requirements set forth in [Rules […]

Rome v. HEI Resources, Inc., The Continuing Saga of Joint Venture Interests Subject to Colorado Securities Act Regulation By Herrick K. Lidstone, Jr. Amy Fliam Colorado federal and state courts have considered whether joint venture interests offered to participants for oil and gas development are securities subject to regulation under federal and state securities laws […]

Tax Cuts and Jobs Act Estate/Gift Tax Changes By Shelley Thompson and Lauren Collins On January 1, 2018, the Tax Cuts and Jobs Act (the “Jobs Act”) became effective, which made significant changes to the federal tax code. Significantly, for estate planning purposes, beginning with deaths occurring and gifts given after January 1, 2018, the […]

Wrong Law Applied, Wrong Words Used, But the Correct Result Reached Stockdale v. Ellsworth By Herrick K. Lidstone, Jr., Burns, Figa & Will, P.C. On December 18, 2017, the Colorado Supreme Court issued its opinion in Stockdale v. Ellsworth, 2017 CO 109. This opinion discussed some of my favorite subjects – piercing the veil of […]

Attorney–Client Privilege and the Work Product Doctrine Is Confidentiality Lost in Email? ByHERRICK K. LIDSTONE, JR. Electronic mail communications are a fact of life. There is no getting around this benefit and burden. Yet the careless use of email devices and networks by both attorneys and clients risks the loss of confidentiality and other privileges. […]

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