Fortis 2nd Quarter 2018 Newsletter

 Fortis News and Tips About GDPR

July 24, 2018

Notable Achievements

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2018 Mergers & Acquisitions - Law Firm of the Year - USA

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2018 Corporate Law Firm of the Year in Colorado

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2018 Excellence in Securities Law Services - Colorado, USA



Ritz-Carlton Denver
Julie Herzog will present "Negotiating Your Next M&A Deal." Julie will be advising other attorneys on how to get the most for their clients in critical transactions. More information is available here: 

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The Fortis attorneys and staff work hard to contribute to their Colorado community. Every last Tuesday of the month, the Fortis team makes and delivers dozens of meals and other supplies to the homeless in downtown Denver.  Here’s a picture of the Fortis team making the delivery in June:

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Henry Baskerville was interviewed extensively by Westword about his representation of a client that is prominent in the CBD industry:

Successful Client Results

Litigation Successes

  • The Fortis litigation team of Cara Thornton, Henry Baskerville and Christine Lamb won an impressive victory on behalf of our property owner client following a week-long bench trial in Adams County. The dispute involved an unauthorized sublease of commercial warehouse space to a marijuana extraction laboratory. The Court not only found in favor of our client on claims of negligent misrepresentation and unjust enrichment, but also found in favor of our client on its counterclaim against the Plaintiff for intentionally interfering with the lease and its cross-claim against the tenant for breaching the lease.

  • Congratulations to Christine Lamb for her recent victory at the 9th Circuit Court of Appeals. Following oral argument, the 9th Circuit affirmed the dismissal of an employee’s lawsuit claiming FMLA discrimination. The Court found that our client terminated the employee due to his poor customer service immediately prior to his leave of absence, and not in retaliation for taking FMLA leave.

Transactional Successes

  • Fortis represented Digital Fusion in its acquisition by an international e-commerce company. “I'm so grateful that Fortis came into our life to guide us through the process of selling my company. As a first-time Founder and CEO, I didn't appreciate what it takes to get a deal done. From the ebb and flow of the deal cycle, details, and personalities, Fortis handled it with professionalism and effectiveness. Julie Herzog and the Fortis team are on my go-to recommendation list to CEOs who want to buy or sell, as well as our commercial legal needs.”-Joel Morrow, CEO, Digital Fusion


  • Fortis has assisted MycoTechnology, a leading food technology company, in negotiating and closing multiple licensing and other commercial transactions generating significant revenues for the Company. “Fay is the best – She makes my life easier” - Alan Hahn, CEO, MycoTechnology


  • We represented a technology company in the $25.5 Million sale of one of its subsidiaries to a strategic buyer.

  • We represented Outward Hound in its acquisition by J.W. Childs Associates. More information about the transaction is available here.

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  • We represented a lender in a $2.1M debt financing for a Colorado hemp company.

  • We represented a Colorado agriculture company in a $2.3M equity financing and the formation and financing of subsidiaries.

Legal News

GDPR and other regulatory changes: Are your data practices compliant?

Last quarter, a number of our clients sought our advice on how to comply with the General Data Protection Regulation (“GDPR”). In some cases, our guidance resulted in clients modifying their website terms and conditions, privacy policies, and data collection and handling processes.  GDPR was enacted by the European Union and went into effect on June 25 of this year.  Among other things, GDPR imposes new requirements for collecting and handling data, anonymizing user information, notifying users of data breaches, and allowing users to view and delete their personal data. This law applies to more than just companies in the European Union—companies outside the EU that collect or process data from EU citizens are subject to the requirements as well. 

Similarly, California recently passed the California Consumer Privacy Act of 2018, which will go into effect on January 1, 2020.  This law provides new restrictions on larger handlers of data and affords new rights to consumers who provide data to operators of websites and other platforms.  For more information on these changes, please see the general resources below.  If you are concerned about the compliance of your data management practices, the attorneys at Fortis are happy to help.