Milgrom Daskam & Ellis Blog

This blog should not be construed as legal advice or a legal opinion. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal question you may have. Please reach out to us if you need help addressing any of the issues discussed in any of Milgrom Daskam & Ellis’s blogs, or any other issues or concerns you may have relating to your business. We are here to help.

MOST RECENT

Civil Litigation

How a Jury Verdict Can Undermine a Default Judgment

In the recent case of J.B. v. MKBS, LLC, 2026 CO 50 (Colo. 2026), the Colorado Supreme Court ruled that a default judgment should be vacated when a later jury verdict is inconsistent. In that case, the plaintiff sued a taxi driver and the company he worked for, alleging that the driver sexually assaulted his ward, E.B., a cognitively impaired and blind adult who uses a wheelchair.

Sam John July 1, 2026

Employment Law

Updates to Colorado’s Employment Landscape in 2026

Colorado’s employment law landscape is constantly evolving. It is critical – but not always easy – for employers to remain up to date and compliant with these new requirements. We’ve compiled a quick and high-level review of the changes that have arrived in 2026 in Colorado.

Amanda Milgrom June 17, 2026

Miscellaneous

A Second Year’s Perspective

There are a few moments throughout the year when this occurs, but we are currently in one of those moments where sports are in prime positioning. Basketball and hockey are deep in their respective playoff seasons, tennis and golf have each begun their Grand Slam calendar, and the World Cup is just around the corner. What better way to see the very best do what they do than at the biggest stages with the highest stakes.

Stephen Acquario May 22, 2026

B Corp

Building a People-First Culture: The Foundation of Intentional Leadership

In today’s rapidly evolving business landscape, organizations that prioritize their people don’t just survive—they thrive. Building an intentional people-first culture isn’t just a feel-good initiative; it’s a strategic imperative that drives performance, innovation, and sustainable growth. At Milgrom Daskam & Ellis, our commitment to people-first principles is embedded in everything we do, from how we serve our clients to how we treat each other.

Hillary Ellis May 11, 2026

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EMPLOYMENT LAW

Updates to Colorado’s Employment Landscape in 2026

Amanda Milgrom June 17, 2026

Colorado’s employment law landscape is constantly evolving. It is critical – but not always easy – for employers to remain up to date and compliant with these new requirements. We’ve compiled a quick and high-level review of the changes that have arrived in 2026 in Colorado.

Biometric Amendment for Colorado Employers

Milgrom Team February 18, 2025

This summer, Colorado employers will be subject to additional regulations around the collection and storage of biometric identifiers and biometric data. On July 1, 2025, the Biometric Amendment to the Colorado Privacy Act will take effect.

INTELLECTUAL PROPERTY

Trademark Trouble in the Age of Generative AI: When AI Outputs Create IP Liability

Milgrom Team March 12, 2026

Generative AI systems can now produce sophisticated images, videos, text, and audio in seconds. But as these systems improve, they increasingly raise a difficult legal question: what happens when an AI model generates content containing someone else’s intellectual property – especially recognizable brands, logos, or fictional characters?

Important Considerations for Assessing the Likelihood of Confusion of Trademarks with Foreign Terms

Laura Marmulstein February 13, 2026

To determine whether a trademark is registrable or whether it infringes the trademark rights of a senior trademark owner, the U.S. Patent and Trademark Office (“USPTO”) and courts, respectively, weigh various factors, called the “du Pontfactors,” to assess whether a likelihood of consumer confusion exists between the trademark and another mark, i.e., whether consumers would confuse the goods and/or services provided under the respective marks as coming from the same source.

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BUSINESS & CORPORATE LAW

Updates to Colorado’s Employment Landscape in 2026

Amanda Milgrom June 17, 2026

Colorado’s employment law landscape is constantly evolving. It is critical – but not always easy – for employers to remain up to date and compliant with these new requirements. We’ve compiled a quick and high-level review of the changes that have arrived in 2026 in Colorado.

The Hidden Risk of Asking Your Lawyer for a “Standard Form”

John Daskam March 27, 2026

A common request transactional lawyers hear sounds something like this: “Can you just send me a standard form? We’ll fill in the details.” It’s an understandable instinct. Forms feel efficient. If the deal is straightforward and time is limited, starting with a template—and handling the revisions internally—can seem like a practical way to save time and cost. But that approach carries more risk than many business teams realize.

To Disclose or Not to Disclose, That Is the Question

Stephen Acquario August 27, 2025

In mergers and acquisition (“M&A”) transactions, disclosure is a critical component of the due diligence process and overall deal success. Seeing what is “under the hood,” so to speak, can separate a deal from going through, stopping in its tracks, or potentially haunting parties post-closing. With this, sellers face an important strategic decision and clients have asked us this vital question: is it more advantageous to overdisclose or underdisclose when responding to due diligence requests? In other words, is it better for sellers to show as much as possible or only what is asked of them?

Qualified Small Business Stock: 2025 Update

Jason Fisher July 24, 2025

We’ve previously written about Qualified Small Business Stock (QSBS) and the potential tax benefits that come with it if you structure your entity appropriately. The One Big Beautiful Bill Act (OBBBA), which was signed into law on July 4, 2025, expands the tax exemption available for QSBS and now further incentivizes business owners to structure their qualifying companies in a manner that will take advantage of the new rules.

REAL ESTATE LAW

Protecting Small Property Owners from Long-Term Exposure

Alex Finch January 21, 2026

Owning a small retail property is often more “hands-on” than many landlords anticipate. When leasing to first-time business owners, you are not just a landlord; you are often an educator. Explaining NNN pass-throughs, common area maintenance (CAM), and usage rights takes time—and if handled poorly, it creates a recipe for future disputes.

The Importance of Providing Appropriate Attention to Assignment Provisions when Representing Tenants in Commercial Lease Negotiations

Kylie Hernandez December 18, 2025

In the current commercial real estate landscape, employers, as commercial tenants, must balance the need to secure adequate facilities to accommodate their business, with the employees’ expectations that remote work options be readily available. On the flip side, commercial landlords must take extra care, despite a willingness to be flexible,

Party Wall Agreements and Townhome Declarations: Key Issues to Watch Out for When Drafting

Jessica Dowty October 27, 2025

A Party Wall Agreement is a legal arrangement between two property owners who share a common wall, typically in townhouses or semi-detached home. This agreement outlines the responsibilities, rights, and obligations of each party in relation to the shared wall, including maintenance, repairs, and any potential alterations. It ensures that both owners are aware of their duties, helps prevent disputes, and provides a clear framework for handling issues related to the wall, whether it’s structural damage, renovation, or access for repairs.

The Denver Broncos Announced a New Stadium Site – What Does It Mean for the Denver Real Estate Market?

Madison Shaner September 17, 2025

The Broncos have long been considering potential sites for a new stadium, and rumors have suggested that in addition to the heart of Denver, the Broncos considered moving their location to Lone Tree, Aurora, Wheat Ridge, and Commerce City (Mile High Sports, Axios).

MORE BLOGS

What Makes Jared Better than Claude

Jared Stipelman April 27, 2026

It can be hard to escape the steady drumbeat of news articles, think pieces, or orders from your company’s HR department about how various forms of artificial intelligence will revolutionize the way work is done. If everyone has the tools to be their own lawyer, accountant, corporate strategist, designer, and software engineer, then so much of the drudgery of our jobs will evaporate, and the best ideas and most creative, driven people will succeed.

Use of Artificial Intelligence Defeats Attorney-Client Privilege

Jason Fisher April 14, 2026

The use of artificial intelligence tools such as ChatGPT, Claude, and Perplexity has infiltrated most workplaces, and the legal profession is no exception. Addressing a “question of first impression nationwide,” Judge Rakoff issued a decision of the Southern District of New York in United States v. Heppner has wide-ranging implications for both legal counsel and their clients.

Demystifying Informed Consent & Patient Registration

Matt Fowls March 23, 2026

Informed consent reflects the legal proposition that patients have the right to make decisions about their care and treatment on sufficient, reliable, and meaningful information. Ideally, informed consent should be arrived at via a collaborative and interactive process between a healthcare provider and their patient(s), with plentiful opportunity for patient questions and discussion.

A Road of Good Intentions: Compliance Risks in Providing Free Care

Matt Fowls February 18, 2026

Helping people is often a primary motivation for healthcare providers’ entry into their industry. Accompanying those good intentions sometimes is a desire to provide free care to those patients and communities who need it.

Healthcare Intellectual Property: Default Ownership Rules Between 1099 Independent Contractors and W-2 Employees.

Matt Fowls February 18, 2026

Frequently, healthcare founders and business owners overlook the important step of effectively assigning intellectual property. Missing this can result in questions over intellectual property ownership. It can also expose missing intellectual property ownership rights for the company.

SB 25-041 Concerning Consumer Protections in Transactions Involving Medical Care Entities.

Matt Fowls February 12, 2026

Colorado’s 2026 legislative session is now underway, with several key bills introduced affecting healthcare providers and facilities. One bill that should be top of mind for healthcare stakeholders is SB 26‑041, concerning Consumer Protections in Transactions Involving Medical Care Entities (“SB 41”). If passed, SB 41 would have substantial impacts upon Colorado’s healthcare transaction landscape.

Law Firms Are Not Dead Yet! (But the billable hour might be close)

Charles Knight February 3, 2026

Almost three years ago, I wrote a blog post for our firm entitled “Will Artificial Intelligence Kill All the Lawyers?” The premise of the post was that, for more than ten years at the time (now thirteen), lawyers were considered the most likely endangered species from advances in artificial intelligence. Given the increasing discussion about AI today, the time seems right to revisit that original prediction.

Building and Maintaining the Right Team

Jonathan Milgrom November 19, 2025

Building the right team is one of the most important factors in any organization’s long-term success. At the core of this idea is a principle highlighted by Jim Collins in his classic book Good to Great: it’s not just about having people on the bus—it’s about making sure you have the right people on the bus and that they are in the right seats.

The Duty to Preserve Evidence, a Recent Ruling of the Colorado Supreme Court, and Key Takeaways You Can Use to Set Yourself up for Success in Court

Sam John October 8, 2025

In Colorado, parties have a duty to preserve evidence when litigation is pending or reasonably foreseeable. The duty to preserve evidence exists for all types of potential litigation, ranging from personal injury claims to business disputes. Lawyers and judges use the term “spoliation” to refer to the destruction of evidence

Retreat or Advance? The Real Pros and Cons of Company Getaways

Amanda Milgrom September 25, 2025

Our firm recently had its fifth annual retreat, and it has caused me to reflect on the value that our team derives from taking two days per year to focus 100% on each other – not on our clients, not on the business, but on each other. Company retreats have

Check This Contract if You Are a Human

Jared Stipelman August 4, 2025

The first returns have arrived in the battle between copyright holders and technology companies over whether AI training on artist data, or the use of AI to simulate artist styles constitute copyright infringement, and they are not encouraging for those who like their art human.

AI 101: A Governance Action Plan

Matt Fowls March 30, 2025

Artificial Intelligence (AI) is already changing business and healthcare in profound ways: Candidates are being screened by AI during the interview process; behavioral healthcare specialists are utilizing AI to annotate patient encounters in real time; dentists are relying on AI to customize treatment plans; data and chart audits are being

Avoiding Pitfalls in Insurance Claims

Sam John March 7, 2025

Policyholders pay good money for their insurance. But when a loss occurs or someone sues you, insurance coverage is not automatic. People who make insurance claims face several potential pitfalls that may prevent them from getting what they paid for.

Milgrom & Daskam Partners with Denver Urban Gardens through 1% for the Planet: A Commitment to Growing Community Resilience

Jonathan Milgrom November 25, 2024

Milgrom & Daskam, a Denver-based law firm with a strong commitment to social responsibility, has taken a bold step in supporting their local community by partnering with Denver Urban Gardens (DUG) through the 1% for the Planet network. This partnership is not just a symbolic gesture, but a meaningful collaboration aimed at fostering environmental stewardship and enhancing food security in the Denver area.

Water Protection and Sports Betting: How Coloradoans are Funding Conservation Efforts

Kylie Hernandez October 1, 2024

Colorado is one of only four states in the continental U.S. that houses a sports team in each of the four major professional leagues: MLB (Major League Baseball – Rockies); NHL (National Hockey League – Avalanche); NBA (National Basketball Association – Nuggets); and NFL (National Football League – Broncos). And everyone in Colorado is on board— once September arrives each year, the sea of orange has less to do with the changing leaves and more to do with NFL’s most loyal fan base. During the winter months, those leaving downtown Denver after work can count on an extra 15-20 minutes as they try to escape the inevitable stampedes to Ball Arena. And in my admittedly biased opinion, there isn’t much that tops a spring evening ballgame at Coors Field.

Understanding Colorado’s Regulation 28: Building Benchmarking and Performance Standards

Madison Shaner August 26, 2024

Colorado’s commitment to reducing greenhouse gas emissions and promoting energy efficiency has culminated in the enactment of Regulation 28, officially titled “Building Benchmarking and Performance Standards.” This regulation is a key component of the state’s broader efforts to address climate change, aiming to significantly reduce energy consumption in commercial buildings. For property owners, this regulation represents both a challenge and an opportunity—one that requires careful navigation to ensure compliance and avoid potential penalties.

The Taco Always Wins… and a Reminder of the Importance of Good Legal Drafting When It Comes to Enforceable Covenants

Milgrom Team August 19, 2024

An Indiana zoning case recently dredged up the age-old law school conundrum of what constitutes a sandwich and why we should care. Well, maybe the court didn’t actually weigh in on why we should care… but, it did make a determination that the taco IS, in fact, a sandwich.

Is My Art a Security?

Jason Fisher August 12, 2024

Is my art a security? This is the question posed by a federal lawsuit filed earlier this month by Kentucky Law professor Brian Fry and singer-songwriter Jonathan Mann, better known online as Song A Day Mann, against the U.S. Securities and Exchange Commission.

A D-Day Wake Up Call

Charles Knight June 6, 2024

Travel and reflection, particularly when it takes us out of our comfort zone, strengthens our ability to empathize with others, improves our self-awareness and helps us better understand our place in the world; both as humans and as lawyers. We return to our roles more informed and better able to connect with our community and serve our clients in an ever more challenging world.

To Register or Not to Register: The Benefits and Limitations of a Trademark Registration

Laura Marmulstein April 10, 2024

The moment you begin using your trademark in U.S. commerce (for example, with the sale or exchange of your goods and/or services), you establish what is called “common law” trademark protection. While you have certain rights in your trademark upon use, there are various limitations to common law rights and we almost always recommend seeking registration of your trademark. Trademark registration affords you with greater rights not available under common law, though there are certain limitations on those rights, as discussed below.