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::: 2nd Quarter - 2005 :::
Cases
We've had some interesting cases this quarter. Recent victories are highlighted below. We are proud of our track record in court, but by giving these examples we do not mean to imply that we win every time. Terry Kelly provided expert witness services to the U.S. District Court in contested attorney fee applications on behalf of clients who had secured favorable jury verdicts in two separate age discrimination cases. The clients were represented at trial by Jim Carleo of Pueblo. Greg Fasing represented Mr. Carleo on the attorney fee application hearings. The trials and hearings were before Hon. Wiley Daniel. Woody Garnsey and David Fine tried a five day bench trial before Judge William Meyer of the Judicial Arbiter Group acting as a judge pro tem pursuant to C.R.S. § 13-3-111. This statute allows a retired state court judge, state supreme court justice or any other judge to act as the trial judge in any Colorado district court, upon agreement of the parties, who share the cost of such appointment, and upon appointment by the chief justice of the state supreme court. The case was filed in Arapahoe County District Court, but the parties elected to have Judge Meyer, a former Denver District Court judge, try it. The complicated case, which could have easily taken two weeks or more to try, involved a terminated dealer's claims against ADT Security Services (a division of Tyco) and matched KHGK against the Boies Schiller firm's Ft. Lauderdale office. We await a decision. Terry Kelly, Jerremy Ramp, Kim Ainsworth and Dana Bassett continue to work on divorce cases whose central financial task is the valuation of closely-held businesses, including professional practices (lawyers, doctors, architects, etc) and commercial companies. These valuation cases require the integration of the divorce-appraisal community with the business-appraisal community (buy-sell purposes, estate purposes, loan purposes), and are highly fact-sensitive. The parties, the mediator or the court need persuasive evidence and argument of the "value" of the marital estate's interest in these businesses. It is a demanding and important task that seldom can be simply turned over to a forensic CPA.
At the Podium
Terry Kelly has been invited to participate in "Teaching, Faith and Service: The Foundation of Freedom Conference" at the University of Portland, Portland Ore., June 2-4. His manuscript, "Canaanites, Catholics and the Constitution," addresses the connection between historical developments in secular law and historical developments in religious doctrine, particularly the treatment of women. The Conference is co-sponsored by University of Notre Dame's Center for Ethics and Culture and the University of Portland's Garaventa Center for Catholic Intellectual Life and American Culture. Download Mr. Kelly's manuscript here Around the Firm
Ed Kahn and David Fine were named finalists in the Denver Business Journal's "Best of the Bar" competition. Brooke McKinley, KHGK's summer associate, finished her third year at the University of Colorado Law School as the Editor-in-Chief of the Law Review. Brooke begins a clerkship with United States District Court Judge Wiley Daniel next fall. The increasing use of mediation as a vehicle to settle cases in commercial and family law matters has been embraced by KHGK. In the first three months of 2005, lawyers and paralegals spent approximately 13 days in mediation, in many cases resulting in settlement. In addition, Federico Alvarez and Ed Kahn provide mediation services to parties in litigation through the America Arbitration Association. Associate Jerremy Ramp plans to marry Christy Roese in October. Congratulations Jerremy! In the Community
Martha Tierney was appointed to a three year term to the Common Cause National Governing Board in May 2005. The 30 member board meets three times per year in Washington DC to direct policy and financial decisions for the organization and its 40 state chapters. Martha is joined on the board by nationally known community leaders and academics who come from states across the country. Ed Kahn was selected, along with his trial team, as the Colorado Lawyers Committee Lawyer of the year for 2004-05 for the team's work on the complicated and important lawsuit challenging the State of Colorado's implementation of a new public benefits computer system. |
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