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.

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B Corp

Certification Marks: A Powerful Tool for Advancing Corporate Social Responsibility in the United States

Consumers, investors, employees, and business partners increasingly expect companies to demonstrate that their commitment to corporate social responsibility (CSR) extends beyond marketing slogans. As a result, businesses are looking for credible ways to distinguish themselves in a crowded marketplace while building trust with stakeholders. One of the most effective—and often overlooked—tools for doing so is the certification mark.

Jonathan Milgrom July 19, 2026

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

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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

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.