Thankful for a Terrific Third Quarter

Client Testimonial
Here’s what some of our clients are saying about us:
Henry is a great advisor with a calm demeanor. We hired him to advise us and litigate on our behalf in regards to a white collar crime. His experience came through in spades in dealing with the accused attorneys and explaining what the FBI and State's Investigators would do next. I'd recommend him without hesitation.”   – Eric Webb, Principal at AlphaGraphics
“They are the perfect boutique law firm, and they're a perfect fit for us. Fortis brings together top attorneys in the fields of contracts, IP, M&A, employment law, and business litigation, with a wealth of experience and backgrounds in top international law firms, in house, and in government, but without the overhead of a big law firm.” – Ben Roberts, CTO & Co-Founder, Nutrislice, Inc.

We are happy to announce that Chris Lamb, Steve DeHoff and Julie Herzog were all named to the Super Lawyers List again for 2018, and Henry Baskerville was named as a Rising Star for 2018.

At the end of October we launched a brand new website.  Stop by and take a look.  

Julie Herzog was named M&A Lawyer of the Year – Colorado by Corporate Insider – Legal Awards 2017.

Successful Client Results

Henry Baskerville and Beth Robinson tried a case in the Denver District Court, and obtained a total victory for the client, including an award for attorneys’ fees.  The case stemmed from an on-going dispute over the ownership of a closely-held corporation in which the other 50% owner alleged a claim of breach of fiduciary duty (among other things) against Fortis’ client.  At the close of the defendants’ third-party case, Henry successfully argued for dismissal of all of the third-party claims.  In addition to granting the dismissal, the Judge also issued an order granting the client her attorneys’ fees.
After a week-long arbitration hearing before a panel of three arbitrators, Henry won a seven figure award for his client in a complex dispute between two Registered Investment Advisors.
Fortis also represents clients in workers compensation and unemployment insurance audits by the department of labor.  Beth Robinson worked with a client to prepare for a department of labor audit, and attended the audit to defend the client’s classification of their workers.  The Colorado DOL issued a finding of no liability, despite the client having many independent contractors.
The Fortis Transaction Team is busy helping clients raise capital through securities offerings and angel investments, start new companies, negotiate engagements with investment bankers and letters of intent with potential buyers, and implement employee incentive programs such as phantom equity plans.
In September, Fortis assisted a cannabis business with the settlement of a dispute with a creditor investor, successfully renegotiating the terms of repayment to preserve the cash flow necessary to operate and expand the business.

Fortis Kicks Off 2017 With Great Optimism!

Successful Client Results

Employment Litigation

Congratulations to Christine Lamb on winning a motion for summary judgment on behalf of one of our employer clients. Chris convinced a U.S. District Court to dismiss all claims brought by a former employee alleging FMLA discrimination and retaliation due to his discharge shortly after he returned from FMLA leave. The Court held that the employee was returned to the same job position that he held prior to his FMLA leave and discharged because of his major violation of company policies, and not because of his FMLA leave. This case related to a common and difficult question often faced by employers regarding when an employee can be disciplined while on leave.

Steve DeHoff and Beth Robinson won a Motion to Compel Arbitration on behalf of a client in the Colorado Federal District Court. This win will allow the client to resolve the employment claims in the confidential forum of binding arbitration, making efforts for resolution easier for the client.

Christine Lamb and Beth Robinson obtained a dismissal of various employment related claims against a client in the Arizona District Court. This dismissal was based on a pro-se Plaintiff’s inability to comply with the local rules, and resolved the claims against the client favorably.Christine Lamb and Beth Robinson also obtained a dismissal of an administrative proceeding before the Utah Labor Commission. The client had won before the administrative agency, and the former employee was appealing the ruling to the Labor Commission. The dismissal fully resolved the action in favor of the client.

To stay up to date on the latest employment and litigation news, we invite you to subscribe to Beth Robinson’s weekly blog. Click here for her most recent article and to subscribe.

Corporate and Real Estate Transactions

 2017 kicked off with many new projects for existing and new clients, reflecting a great optimism for business. Projects included:

  • Structuring, negotiating and closing the successful sale by Bradford Publishing of its Colorado automobile forms business.
  • Assisting several clients with preparing for sales of their businesses or debt and equity financings including review of legal documents and preparation of company-specific reports to facilitate due diligence and help drive top valuations and negotiations of confidentiality agreements and letters of intent.
  • Creating client-specific website agreements, master services agreements, software as a service (SaaS) agreements and addressing best practices around privacy policies and data security.
  • Assisting our healthcare industry clients with their business associate agreements, HIPAA and HITECH requirements, and other industry-specific issues.
  • Assisting our brick and mortar clients with various commercial documents including sales and leases of real estate, recapitalizations, sales agreements and construction/remodeling agreement.
  • Preparing SEC filings.

 Attorney Spotlight

Did you know we have an immigration attorney here at Fortis Law Partners? Teresa Casillas specializes in domestic and international corporate, natural resources and immigration law. With many years of experience under her belt and fluency in Spanish, Teresa is equipped to help you with your immigration needs or questions.

Honoring Frank Schuchat

It is with great sadness that we announce our friend Frank J Schuchat, a founding partner of Schuchat, Herzog & Brenman, now Fortis Law Partners, passed away suddenly and unexpectedly in late February. Frank was, simply put, a wonderful human being to all who had the pleasure of knowing him. Life without him leaves us with a gaping hole, and it will never be the same without him. If you would like to make a donation in Frank’s memory, the family suggests Southern Poverty Law Center and the Denver Rescue Mission.