Kelly Garnsey Hubbell + Lass - Attorneys at Law  
 
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::: 1st & 2nd Quarters - 2008 :::

- In The News -

Bill Walters joined KGHL as of counsel in September, 2007. Bill presently serves as President-elect of the Colorado Bar Association, and his term as President will commence July 1, 2008.

Bill has practiced law in Denver, Colorado for over thirty-two years. His areas of practice include providing advice and counsel to nonprofit organizations, trade and professional associations, for profit business entities as well as counseling and advice on antitrust and trade regulation law. Legal services Mr. Walters provides include bylaw and policy review; drafting conflict of interest policies, certification programs, antitrust compliance, ethics and disciplinary procedures, compliance with state and federal laws, statutory and regulatory drafting, litigation, contract and lease review, specialized tax concerns, trademarks, employment law and governance. Mr. Walters serves as Special Assistant Attorney General representing the Colorado Milk Marketing Board.

Presently, Bill is participating on the CBA Judicial Performance Task for and is the Chair of the Colorado Bar Leadership Training Program.


On October 24, 2007, David R. Fine was sworn in as Mayor John Hickenlooper's City Attorney for the City and County of Denver. Our firm's connection with this office goes back to Steve Kaplan, whom we proudly saw go from our partnership to become Mayor Federico Peña's City Attorney, and a rich career of public and private service thereafter. We have been honored to work with Steve's successors - Patty Wells, Dan Muse, Wally Wortham and Cole Finegan on various matters and to varying degrees. As a result of those experiences, we developed great respect for each of these lawyers, their work and the office they held. We were excited by the prospect of Judge Larry Manzanares' service as City Attorney, and shaken by his death.

David leaves to take a position that has historically been held by talented and dedicated public servants. David's talent, David’s dedication, and David’s commitment to public service is consistent with the tradition that precedes him. The citizens of City will be very well served indeed.


Federico Alvarez was named by Governor Ritter as a member of newly created Juvenile Clemency Board. In addition, Freddie was named by Governor Ritter as a member of the State Judicial Discipline Commission. Freddie’s appointment was confirmed by the Colorado Senate in January, 2008
Read the Rocky Mountain News Article here.


Jim Hubbell is currently representing the medical staff of Lutheran Hospital in matters arising out of the acquisition of the hospital by a Catholic hospital group who will review patients’ instructions regarding extraordinary efforts to preserve a patient’s life and determine their compliance with the Ethical Directives for Catholic Hospitals, as well as terminating various reproduction services.
Read more here at the Denver Post

Ed Kahn, as Special Counsel for the Colorado Center on Law and Policy, is representing another group opposed to the sale.
Read more here at the Denver Post


Eight KGHL attorneys are now listed in the "Best Lawyers in America."



We are handling some interesting cases and we've put the word out in print. We often make our voices heard at the podium. And there's always something to talk about within the firm.

Here's what's new at Kelly Garnsey Hubbell + Lass...

Cases

Freddie Alvarez and Jerremy Ramp are litigating a §1983 illegal search and seizure civil rights case in U.S. District Court for the District of Colorado before Judge Wiley Daniel. Recently, the Tenth Circuit issued an order denying one of the defendants, a California prosecutor, absolute immunity for his actions giving rise to the case, remanding the case to Judge Daniel for trial. An article about the case by Terry Kelly is available here in .pdf format, as is the opinion . Terry argued the case before the Tenth Circuit.

Kate Swan recently settled a complicated divorce case involving allegations of sexual abuse of the parties' child. Kate also recently settled a family-law case involving the valuation of husband's interest in his business. This valuation was complicated by the pendency in state court of a separate legal action against husband and the business for husband's alleged sexual harassment of one of his employees.

Jim Hubbell has been retained to represent the outside directors of First Data Corp. in shareholder litigation arising out of the acquisition of First Data by Kohlberg Kravis Roberts & Co.

Jim also successfully represented an employee of CCC Information Systems, a Chicago-based technology company, in litigation involving the alleged misappropriation of trade secrets and breach of a covenant not to compete. The court ruled in favor of Jim’s client, finding that the plaintiff had failed to establish that any trade secrets had been misappropriated or that the covenant not to compete was enforceable.

Jim Hubbell and Kate Swan, and Terry Kelly and Jerremy Ramp, recently tried separate cases contesting the validity, enforceability and interpretation of pre-marital agreements.

Jim Hubbell’s and Kate Swan’s case was tried in Eagle County before Judge Russell Granger and turned on the credibility of witnesses regarding the adequacy of the financial disclosures made to a spouse at the time the marital agreement was entered into.

Kelly’s and Ramp’s pre-marital agreement case was before Judge Gloria Rivera in Denver District Court. It first involved the accuracy of financial disclosures. After disclosures were provided, the case turned on the enforceability of a marital agreement when there was a mutual disagreement regarding the meaning of a material term. After the Agreement was declared enforceable, (i.e., the disagreement was to be resolved by the arbiter), the case went to arbitration before Leslie Lawson. Arbiter Lawson resolved the dispute concerning the meaning of a marital agreement clause that classified "income earned or accrued by the personal efforts of either [party]" as marital property. Cheryl Walton, C.P.A. (Causey, Demgen & Moore) analyzed and testified to the sources and amounts of income during the marriage and the impossibility of tracing the commingled separate and marital property. Substantial property and attorney fee awards were made.

Ed Kahn is also busy implementing the settlement agreement regarding the Computer Benefits Management System suit brought through the Colorado Lawyers Committee and the Colorado Center on Law and Policy against the State for damages incurred by state social service beneficiaries.

Ed has drafted two proposed bills before the Colorado Legislature regarding maintaining public access to essential hospital services in Jefferson County and Boulder County (opposing the proposed SCLHS takeover of Lutheran and Good Samaritan Hospitals, with its reduction of family reproduction services, and the override of family end-of-life decisions.)

Recognition

Every partner of Kelly Garnsey Hubbell + Lass LLC is listed in either Best Lawyers in America, or Colorado Superlawyers, or both.

http://www.bestlawyers.com/
http://www.superlawyers.com/

Jim Hubbell was a recent recipient of the Community Contribution Award from the Colorado Lawyers Committee.

Ed Kahn was honored by the Colorado Law Foundation at its annual banquet with its prestigious Award of Merit. Read the CBA press release and Ed’s personal tribute in accepting the award.

Bill Walters continues to serve as a member of the Executive Council and Joint Management Committee of the Colorado Bar Association. One of the key issues that the CBA will be examining this year is the proposed initiative effort led by John Andrews to term limit Colorado judges.

Bill will participate in meetings of the Judicial Evaluation Task Force which developed legislation concerning the performance review of Colorado judges.

Also, as incoming State Bar President, Bill attended the ABA Mid-Year Meeting in Los Angeles for incoming bar leaders

Around the Firm

Liz Starrs, present President of the Colorado Bar Association, appointed Steve Lass to serve on the "Common Law Marriage Task Force," which was formed to make recommendations regarding whether the Bar Association should take a position on the abolition or retention of common law marriage in Colorado. The Task Force consisted of representatives from several sections of the CBA, the specialty bar associations, and other interested groups.

Steve Lass has been appointed by the Chief Justice Mary Mullarkey of the Colorado Supreme Court to serve on the Supreme Court's Standing Committee on Family Issues. The Standing Committee consists of attorneys, mental health professionals, judges, court officials and others. It arose out of the 2002 Commission on Families in the Colorado Courts, and is charged with monitoring and improving the ways in which Colorado courts serve families.

Steve continues to serve on both the Legislative Policy Committee of the Colorado Bar Association and the Legislative Committee of the Family Law Section. In both capacities, he reviews proposed legislation, meets with legislators and testifies before committees in the Colorado Legislature.

Steve is also a member of the Metropolitan Conciliation Panel of the Colorado and Denver Bar Association. The panel attempts to resolve civility and professionalism problems that arise between lawyers, and conducts continuing legal education programs on those topics.


Martha Tierney is the Acting Chair of the national board of Common Cause. Martha headed up the search of a new Chief Executive Officer and led the search for a permanent Chair.


Jerremy Ramp was named to the Family Law Section Legislative Committee of the Colorado Bar Association. The Committee is responsible for reviewing all pending legislation that may impact family law in Colorado, provides technical assistance to members of the state legislature, and drafts proposed legislation to improve family law in the state.

Jerremy joined the Board of Directors of Metro Volunteer Lawyers ("MVL") in the fall of 2007. MVL provides free and low-cost legal help in a variety of civil matters for indigent and low-income clients in the Denver metro area. MVL recruits attorneys and other members of the legal community to provide pro bono services and coordinates the services of the lawyers with the clients. Jerremy regularly provides services directly to MVL clients by participating in the Family Law Court Program and by taking pro bono cases through MVL.


KGHL attended the annual Hispanic Bar Association dinner. KGHL also attended the annual ACLU dinner honoring John Asher, longtime leader of Colorado Legal Services.


Election Work

Martha Tierney is a member of the Colorado Secretary of State's Campaign Finance Task Force.


At the Podium

Bill Walters made a presentation on Employment Law at the Veterinary Management School ("VMS") in Denver, Colorado, sponsored by the American Animal Hospital Association. Over sixty staff members from various veterinary clinics from around the United States and Canada were in attendance. Bill has been a member of the faculty for over ten years.

Terry Kelly gave a presentation to the Annual Colorado AAML Advanced Legal Seminar in December, 2007, entitled "A Brief History of Family Law and Family Values (Why Home Schoolin’ Didn’t Work for Cain and Abel)"

Steve Lass made a presentation at the annual CBA’s Family Law Institute on "50 Practical Tips for the Trial of a Domestic Relations Case."

Martha Tierney appeared on a panel along with David Lane, attorney for several civil rights activists, and Vince de Croce, Assistant City Attorney with responsibility for prosecuting charges coming out of civil rights protests. The panel addressed negotiations around the Democratic National Convention, and other political First Amendment cases in Colorado. It was hosted by the Thompson Marsh Inn of Court, and presided over by Judge Brian Whitney.


In the Community

Woody Garnsey completed his term as president of the board of directors of the Colorado Lawyer Trust Account Foundation ("COLTAF") (www.coltaf.org). COLTAF administers Colorado's Interest on Lawyer Trust Accounts (IOLTA) program. This program is an innovative partnership between the legal community and the banking community, whereby the interest earned on lawyers' pooled trust accounts is used to make grants to improve access to civil justice statewide. As President, Woody has spent a significant amount of time leading the COLTAF effort to convince banks to raise their COLTAF interest rates. Thus far, these efforts are estimated to produce an additional $1.7 million going to COLTAF annually.

In January, 2008, Terry Kelly returned to his home town of Decorah, Iowa to work for Barack Obama in the Iowa presidential caucuses.
Read Terry Kelly's memorandum on this here.

Federico Alvarez has submitted his name to the Commission established by U.S. Sen. Ken Salazar to propose persons for nomination to the United States District Court for the District of Colorado. The nominees are expected to be submitted to Sen. Salazar by March 15, 2008. Read the article for names of members of the Commission here.

Terry Kelly is traveling to Buenos Aires and Rio de Janeiro in February where he expects to meet with South American attorneys affiliated with INBLF and discuss involvement of KGHL’s arbitrators in Latin-American - US arbitration matters.





 
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