Commentary and Analysis Regarding Colorado Law

April 14, 2020
Special Education during the COVID-19 Global Pandemic
By Brian L. Allard, Associate

As the spread of the global pandemic of the novel coronavirus, COVID-19, causes school closures for in-person learning across the nation, school districts have been left with extraordinary challenges, including but not limited to rapidly transitioning to online learning and conducting day-to-day business virtually. As school districts move to this virtual setting, an additional challenge includes that federal and state mandates for special education remain in place. School districts are still required to provide students with disabilities a free and appropriate public education (FAPE). This means that school districts must still comply with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Title II of the Americans with Disabilities Act of 1990 (Title II).

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on the challenges faced by building owners, landlords and property managers facing tenant closures, financial challenges and operational constraints in the wake of the COVID-19 outbreak.

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on small business owners who are dealing with closures and other challenges in response to recommended or mandated social distancing measures in the wake of the spreading coronavirus 

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on family law issues and the challenges presented by shelter in place orders, court shutdowns and the looming financial crisis.

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on commercial real estate owners and their property managers who are seeing their tenants experience a complete or partial shutdown of their businesses in response to recommended or mandated social distancing measures in the wake of the spreading coronavirus.  Landlords and tenants should review their Lease documents and, if needed, seek legal advice regarding your rights and obligations in your particular situation.

I was born in New York City, raised in Charlottesville, Virginia, and went to Cornell College in Iowa (not Cornell U. in Ithaca, NY), where I met my wife, Clare.  When we graduated, she missed her mountains (she grew up in Steamboat), so we moved to Fort Collins.  We bought our house in Loveland in 2007, and adopted our first son, Daniel, in 2012.  We have one cat, Toppers, and are going through the adoption process for our second son, Rhys.  I’ve been in legal support since 2009, most recently focusing on family law and estate planning at Clark, Williams and Matsunaka.  I enjoy hanging out with the kiddos, movies, video games, and playing and running tabletop roleplaying games. 

Lyons Gaddis is pleased to announce some exciting news for 2019. As of January 1, we welcomed Jennifer Spitz as a new Shareholder in the firm along with her team member’s; Denise Poepping, Legal Assistant, Jessica Wagner, Legal Assistant, and Kayleigh Bloodgood as our new receptionist. We are excited for the expertise that Jennifer and her team bring to the firm. Click below to read more about our newcomers. 

Has the Game of Thrones descended into Boulder County? It seems as if another ancient noble family has taken root here – the Pelotons. You have seen its citizens, haven’t you? It has its own warrior class (like the unsullied) who wear uniforms and helmets out on the road. But here, whom does the Peloton battle for control and supremacy? 

It is typically the Lannisters calculating in their BMW 750is; the Targaryens’ seeking prior glory in their Tesla Model 3s; and the White Walkers hunting the living in a fleet of Ford F-150’s.

TCJA – take it away!   Highlights and lowlights of the new tax act.

The recently enacted Tax Cuts and Jobs Act (TCJA) is a sweeping tax package. Here's a look at some of the more important elements of the new law that have an impact on individuals. Unless otherwise noted, the changes are effective for tax years beginning in 2018 through 2025.

For most attorneys, their law school training readied them to counsel clients, draft legal documents, and litigate disputes; it may not have prepared them as well for the practical reality of running a business. At some point in our careers, however, most of us have to come to grips with the nuts and bolts of managing a law practice, especially those of us who are sole practitioners or members of small firms. While running your own business may not have been what drove you to the profession, being thoughtful and skillful about how you manage your law office is critical not only to your financial success, but the ethics of your practice.

The Colorado Rules of Professional Conduct, which govern the ethical and professional conduct of lawyers in the state, may not specify exactly how one must run their law office (although, with respect to certain matters, like what bank accounts to have for your business, they do), many times lawyers find themselves answering to the Office of Attorney Regulation Counsel (OARC) regarding issues that arise from what are primarily office management problems. A lawyer who is remiss in viewing their office management practices through the lens of professional responsibility under the Rules might be unwittingly setting an ethical trap for herself in the future. The time demands of attending to client needs must be balanced with time demands of managing your practice.

Submitted by Bradley A. Hall

Last quarter, I wrote about how you are able to protect yourself and your family members from injuries caused by uninsured and underinsured negligent drivers. But what if the shoe is on the other foot? What if you are now the defendant who ran the stop sign, looked down at the wrong time, or committed some other act which injured another driver, pedestrian, or even one of your own passengers? Do you have enough liability insurance to cover the injured parties’ damages? If not, your personal assets, including your ongoing income, may be at risk.

Submitted by Adele L. Reester

Have a liquor license or thinking about getting one for your business: knowing the ins and outs can make all the difference.Liquor licensing of restaurants, taverns, stores, and other establishments is governed by a variety of state laws and regulations, legal decisions, and local rules established by individual Local Licensing Authority (“LLA”). Each municipality or county establishes its own LLA, which may be its judge, a hearing officer, the city council, the county commissioners, or even an appointed citizen board like the one used by the City of Boulder. In Longmont, the City utilizes its municipal judge, while outside city limits Boulder County’s Board of County Commissioners has appointed a hearing officer.

Starting the liquor license process, the applicant will need to complete the state application forms and also comply with any locally established rules. While there are uniform requirements that apply across the board to all applicants throughout the state, having knowledge of the local rules is essential for a smooth application route from start to finish. Longmont is a prime example where local rules create additional burdens on an applicant; some of the City’s local rules include: completion of a City application and other financial release forms; submission of three letters of reference that address the applicant’s (and perhaps registered manager’s) moral character and financial abilities; and deadlines for submitting neighborhood survey results and other evidence prior to the public hearing. Applicants need to assure that applications are complete or they will be rejected.

Submitted by Jeffrey J. Kahn

Proposed Water Legislation and Ballot Initiative

Legislation:  The 2014 Colorado Legislative Session convened on January 8^th and several pending bills appear headed for enactment, including:

Have You Heard?

Public Benefit Corporations
Submitted by Suzan D. Fritchel
Beginning in April, 2014, Colorado will have a new business entity: the Public Benefit Corporation.

The Colorado State Legislature recently passed a bill authorizing a new form of business entity called the Public Benefit Corporation. This new entity will be “for profit,” but the board of directors must balance the best interests of the corporation and shareholders (maximization of profits) with the “public benefits” as stated in its articles of incorporation. Examples of possible public benefits identified by an entity would include charitable, cultural, educational, environmental or religious goals. Contact us for guidance in this new area of business operation.

Three Ways to Empowerment

Submitted by Anton V. Dworak

When clients make appointments for “estate planning”,  they tend to be focused on how they leave their property when they pass away.    While this is, of course very important,  we always stress that an estate plan is incomplete without properly drafted “powers of attorney.”

 A power of attorney is a legal document where you grant powers to make decisions for you under circumstances you dictate.  These powers include making financial decisions,  paying bills,  executing deeds or making medical decisions.     These powers can be effective immediately or upon disability.    What powers and when they can be used depends on your individual personal circumstances.