Milgrom & Daskam Blog

Business & Corporate Law

Business Transition Planning

As a member of the Baby Boom generation, I am advising more and more Millennials who are exploring business acquisitions; primarily involving companies owned or controlled by my Boomer peers. A majority of the estimated 15 million privately owned business in the United States are owned by people born before 1964 and the Small Business Administration (SBA) estimates that around 10 million baby boomer-owned business will change hands in the next few years.

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Blog

ON THE HORN OF A DILEMMA – HOW LAWYERS CAN HELP WITH NON-LAWYER PROBLEMS

Being an attorney means having the privilege to help other people realize their dreams. Usually this means drafting contracts, setting up businesses, and otherwise providing the structure for our clients to live their best business lives. Sometimes, however, it means something more unconventional, and it is here that we can provide the most value as attorneys.

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Copyright Law

Acquired Secondary Meaning: Proving Your Trademark Rights in a Descriptive Mark 

What is a trademark? A trademark is a source-identifier. A trademark can be any word, phrase, symbol, design, or combination of the foregoing that identifies the source of certain goods or services. Not all words are capable of functioning as trademarks. For example, generic terms can never function as trademarks. A generic term is a common term that identifies the good or service itself, rather than identifying the source of the good or service. For example, the term Apple can never be used as a trademark for apples (though it can be used as a trademark for computers). 

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Business & Corporate Law

The Impending Corporate Transparency Act 

In the rapidly changing landscape of corporate governance, the Corporate Transparency Act stands out as a significant piece of legislation aimed at curbing illicit activities and enhancing transparency in company operations. For businesses, investors, and legal practitioners, understanding the Act is vital not only for compliance but also to stay ahead in a market that increasingly values transparency and ethical business practices.

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Employment Law

Colorado Legislature’s Changes to the Employment Landscape in 2023

2023 saw Colorado’s legislature pass a series of new employment laws that have continued to shore up employee-friendly laws across the state. These include changes to the Colorado Equal Pay for Equal Work Act (CEPEWA), the Colorado Anti-Discrimination Act, the Colorado Healthy Families and Workplace Act (CHFWA), and the Colorado Paid Family and Medical Leave Insurance (FAMLI) Act. As a result of these changes, Colorado employers should take a look at their employment policies, agreements, handbooks, and other employment-related documents to ensure compliance with new laws and regulations. While we will not cover all of the changes here, we will review a couple of key changes. For additional questions or guidance, please reach out to employment attorneys Amanda Milgrom and Jason Fisher at Milgrom & Daskam.

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Artificial Intelligence

Potential Issues and Liabilities of Using Generative AI for Legal Document Drafting 

In recent years, the legal industry has witnessed a significant transformation, with the integration of technology and artificial intelligence (AI) into various aspects of legal practice, and while it’s unlikely that AI will kill all the lawyers, one notable advancement is the use of large language models of generative AI to draft legal documents, even by non-lawyers. While this technology offers several advantages, such as increased efficiency and reduced costs, it also brings forth a host of potential issues and liabilities that both legal professionals and non-lawyers must carefully consider. In this article, we’ll explore these concerns and provide insights into mitigating associated risks.

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Business & Corporate Law

Oversold and Underwhelmed: Why the Ripple Decision Doesn’t Live Up to the Hype

If you follow the crypto space and read the headlines about the recent decision in SEC vs. Ripple Labs, Inc., you will be grossly disappointed by the delta between hype and reality. Crypto-promoters will tell you that Ripple “won,” that tokens are not securities, and that crypto can now go on to create the New Eden that will bring freedom and prosperity to everyone. Everyone except for the teeth-gnashing demons who work at the Securities and Exchange Commission, a.k.a. the Anti-Christ.

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Real Estate Law

Psychedelic Healing Centers in Colorado: Are Landlords Prepared?

In November 2022, Colorado voters approved Proposition 122, known as the Natural Medicine Health Act of 2022 (NMHA). This legislation decriminalized the personal use and possession of certain psychedelic substances, including psilocybin and psilocin mushrooms. Additionally, the NMHA established the legal foundation for healing centers – places where adults may consume and experience the effects of regulated natural medicines (such as mushrooms) under the supervision of licensed facilitators. Given the nascent stage of the psychedelic industry in Colorado, landlords and tenants to tread carefully in negotiating a commercial lease for space to be used as a healing center.

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Employment Law

Navigating Job Switches with an Eye Towards the Future

Landing a new job is an exciting day for anyone. New opportunities, new relationships, new challenges – all of these are exhilarating aspects of a new position. But one important item you may not be considering on your first day is your last day.

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Business & Corporate Law

Form D: What and Why

Form D is a notice filing to be made with the Securities and Exchange Commission (“SEC”) under Regulation D of the Securities Act of 1933, as amended (the “Securities Act”). Through required registration and detailed disclosure documents, the Securities Act aims to achieve two main objectives: (1) to require that investors receive financial and other important information about securities being offered for public sale, and (2) to prohibit misrepresentation and fraud in the sale of securities, both of which protect investors and the investment community. The Securities Act also, provides for exemptions from the lengthy registration requirements in the form of Rules 504, 506(b), and 506(c). The exemptions help alleviate the administrative burden of Securities filings and streamline the process for private companies to raise capital.

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Employment Law

When the Law Isn’t Colorblind: The Questionable Use of National Race and Sex Statistics to Reduce Tort Plaintiff Damage Awards

Generally, facial race classifications in the American legal system are exceedingly rare, and almost any attempt to differentiate litigants’ outcomes based solely on their race is met with the highest level of judicial scrutiny. But there is one area of the law– where the use of a party’s race and sex classifications is not only permitted, but routine: personal injury. It is now common practice for defendants to use national race and sex statistics to reduce the damages awards of female and BIPOC plaintiffs.

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Emerging Technologies

Depositing Cryptocurrency Assets: A Cautionary Tale on Clickwrap Agreements

Earlier this year, a bankruptcy court in the Southern District of New York issued a startling ruling in the bankruptcy case of In re Celsius Network LLC, et al., Case No. 22-10964 (MG). The dispute involved cryptocurrency owners who deposited their assets (such as stablecoins, non-fungible tokens (NFTs), central bank currencies, and security tokens) into Celsius’s “Earn Accounts” that allowed Celsius to use those funds to generate yields across various “on-chain” and “off-chain” investment strategies. At the time Celsius filed bankruptcy, there were more than 600,000 Earn Account holders affected. Their assets totaled approximately $4.2 billion.

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