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

Real Estate Law

When Commercial Debt Comes Due in Colorado: What Borrowers and Lenders Should Know

Kylie Hernandez September 30, 2026

Uncategorized

The AI Law Firm Paradox

I have been thinking a lot, and posting a little, about artificial intelligence and lawyers a few times over the past few years. My thoughts on the subject continue to evolve. In 2023, people were raising concerns that AI would eliminate lots of lawyers. A few years later, I wondered whether AI would eliminate the billable hour.

Charles Knight September 11, 2026

Real Estate Law

Planning for Success (and Failure) as a Franchisee Leasing Commercial Space

The real estate component of your business involves more than just finding a location. It also includes how you can use the space, what days/times you can (or must) use the space, and where you can and cannot place your signs.

Alex Finch August 20, 2026

Miscellaneous

Gamers Rise Up: Antitrust and the Death of the Disc

After preaching, “Play Has No Limits” for thirty years, Sony has regrettably renounced its pro-gamer mantra.

This summer, PlayStation owners wept as Sony announced a string of policies that seek to claw back power from players. Sony’s decision to end the production of physical discs for future PlayStation titles comes as a knife in the back to millions of betrayed gamers.

Ben Yamada August 3, 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

When Commercial Debt Comes Due in Colorado: What Borrowers and Lenders Should Know

Kylie Hernandez September 30, 2026

Maturity Dates: A commercial loan’s maturity date is when its remaining balance is due—not necessarily the end of the property’s financial story. If a loan includes a balloon payment, the borrower may need to refinance, sell the property, or negotiate an extension before that date arrives. It’s important to start

Planning for Success (and Failure) as a Franchisee Leasing Commercial Space

Alex Finch August 20, 2026

The real estate component of your business involves more than just finding a location. It also includes how you can use the space, what days/times you can (or must) use the space, and where you can and cannot place your signs.

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,

MORE BLOGS

LLC Member Bankruptcy and Automatic Buy-Out Provisions

Milgrom Team February 17, 2022

When an LLC member claims bankruptcy, or otherwise becomes insolvent, it can pose problems for the LLC and other members. Many operating agreements contain provisions addressing this scenario, which often allow for the other members to immediately purchase the membership interests of the bankrupt or insolvent member. The buy-out process is often automatic, meaning the insolvent member has no choice in the selling of their membership interests. This is a harsh remedy, appropriately reserved for situations where the bankrupt or insolvent member is in serious financial peril.

Important Legal Issues for Buyers and Sellers of NFTs

Jason Fisher January 19, 2022

The rapid spread of interest in non-fungible tokens (“NFTs”) has created a billion-dollar industry as buyers bid to own the latest digital artwork and sellers cash in on the craze. However, for many buyers and sellers the intellectual property laws implicated by NFTs go unnoticed which could have costly repercussions.

The Diverging Paths of AI Regulation

Milgrom Team December 6, 2021

This focus on the benefits of AI follows a longer societal trend where there is increasing recognition that AI has countless untapped benefits. Whether it was Alphazero demonstrating new playing styles in chess, dramatically improving efficiency in insurance writing and claims processing, or countries using facial recognition to monitor their citizens, AI is and will continue to fundamentally change the world.

Homelessness in Colorado: Denver Ballot Issue 303

Milgrom Team November 22, 2021

Just a few weeks ago, Denver residents were asked to vote on Denver Ballot Issue 303. A YES vote on the ballot measure would have required the city to perform enforcement sweeps of unauthorized camping sites within 72 hours of a complaint being filed, while also creating a process for individuals to bring a civil action against the city if they failed to do so. The ordinance would also have limited camping on public property to four designated areas which the city would have been responsible for servicing with utilities.

Why Would a Law Firm Care to be a 1% for the Planet Member?

Chris Mendenhall November 8, 2021

We are a law firm. We are not an organization working hard to legislate, educate, and raise money for environmental causes. Yet, we live on this planet, too. It is our home. And just like mom shouldn’t be the only one responsible for cleaning the kitchen, we all have a responsibility to care for our home. We can all do our part to reduce our carbon footprints, drive less, recycle more, waste less, etc., but how can we make an even greater impact?

Steps Small Businesses Can Take to Combat Climate Change

Milgrom Team September 7, 2021

The science is clear, and when we look outside and see smoke-ridden skies, experience unprecedented flooding, or suffer the consequences of historic droughts, it’s in our face: climate change is here. Our climate and environment are changing–and how we interact with it should change.

As the recent and somewhat terrifying UN Report informed us, we are well past the point of stopping climate change. But we can slow it down. And we need to slow it down.

Setting your Startup on the Path to Success: Four Tips for Choosing Your Company Brand Name and Logo

Jonathan Milgrom August 16, 2021

I remember when the graphic designer I hired came up with the initial logo for our law firm. Seeing it on mockups for a website and for business cards was a surreal experience. It reduced the months of planning and research into something tangible and real. It hit me so quickly—this is really happening—and I was filled with pride in what was to come.

What COVID-19 Shows About Facebook’s Oversight Board

Milgrom Team August 2, 2021

Non-profits, politicians, and policy advocates have often argued for amended moderation standards for Facebook. Republicans and conservative non-profits have often stated that Facebook’s moderation of content, especially conservative content, amounts to censorship, whereas Democrats have often asked for significantly more content moderation. In fact, Democrats have now discussed removing Facebook’s Section 230 safe harbor if Facebook refuses to enact significant protections against health misinformation.

What are Certified B Corporations and Why They Matter

Chris Mendenhall July 22, 2021

B Corps are the organizations all across the globe that have committed to balancing purpose and profit. They are required to care about more than their bottom line. They form a powerful community of like-minded people and companies driven to use their business as a force for good. There is no shame in making a profit if there are no values sacrificed to get there.

Understanding the LLC Structure: Key Considerations for Operating Agreements

John Daskam July 19, 2021

Limited liability companies (“LLCs”) offer individuals a lot of flexibility when starting a new business while also providing the benefit of limited liability related to personal assets or assets that exist outside of the company structure. The LLC has become a favorite for forming new ventures due to its unique structure and single-level tax implications. However, when forming a new LLC, there are some key considerations to keep in mind related to its main governing document, the Operating Agreement (“OA”).

5 Do’s and Don’ts of Work-Life Balance When You Work From Home

Sophi Robbins July 12, 2021

Work-life balance is one of the most important factors in job satisfaction and one of the hardest things to achieve in our culture of productivity. Eliminating the physical barrier between work and life by working from your home can, unfortunately, erode the mental barriers as well. Here are five rules to live by to keep you from stress-dreaming about spreadsheets.

Tattoos, Copyright Law, and the Doctrine of Fair Use

Milgrom Team June 13, 2021

The murmuring conversation surrounding tattoos as copyrightable art is growing increasingly loud. Tattoos, once stereotyped as a heart surrounding “mom” on a nostalgic sailor’s shoulder, are now coveted artworks which can shape an individual’s identity and how one is seen by the world. Would Mike Tyson’s persona be the same without the face tattoo surrounding his left eye? And, speaking of face tattoos, would we recognize Post Malone without the sixty-plus tattoos on his face?

Legal Fundamentals of Contracts for Influencers and Brands

Madison Shaner June 4, 2021

Whether you call them influencers, brand advocates, or goodwill ambassadors, social media content creators represent a rapidly growing marketing segment, with companies set to spend up to $15 billion on influencer marketing by 2022.

tiny home kitchen

6 Tips for Purchasing a Used Tiny Home on Wheels

Milgrom Team May 31, 2021

Home is where the heart is, even if it’s tiny. The tiny home market is massive and continuing to grow, and many buyers opt to purchase used instead of new. While this is a great option, there are a few items that we encourage purchasers of used tiny homes on wheels to be mindful of before taking the plunge.

Seek the World Beyond the “All Right”

Jonathan Milgrom May 14, 2021

After teaching in low income schools for four years, I became disenfranchised. I had teacher friends trying to raise their own kids on welfare while they worked full time, and my schools’ administrators repeatedly disregarded my ideas for change. I felt I had no voice, and at the same time I could barely pay my rent. There had to be a way to do well and do good at the same time. I decided to go to law school.

Privacy Wars: Will Apple’s App Tracking Transparency Disrupt the Tech Industry?

Milgrom Team March 31, 2021

Earlier this month, The Washington Post revealed that in 2016, Australian firm Azimuth Security unlocked the iPhone of the San Bernadino terrorist. The hack followed a public battle between Apple and the FBI over privacy versus national security interests, with Apple arguing that permitting the FBI to unlock the iPhone would be a breach of Apple’s privacy policy. Increasingly, Apple’s position on customer privacy has become central to its brand.