Blog - Page 340 of 440 - Glendale Cherry Creek Chronicle

On Retainer: Your In-House Counsel

by Mark Smiley | Aug 29, 2016 | Glendale City News

Politics Anyone? Please Say No!!

by Danny Foster, Esq.

Ah how delightful that another presidential election year is in full swing. Another chance for our deeply held political and personal beliefs to be on wide display via our bumper stickers, yard signs, baseball caps and especially on our social media pages. It warms my heart to see the respectful and mature interactions amongst the opposing candidates and their supporters. I’m sure that when you notice a political posting that you disagree with on Facebook you simply scroll past that post or register a polite comment. Surely no one would risk social alienation just to let their Facebook friend know that their presidential pick was a complete lunatic, criminal, or lunatic-criminal. After all we live in the United States of America where we are known for our civility, especially when it comes to presidential politics. Being nasty toward our friends and relatives who hold different political beliefs would be asinine and something none of us would engage in, right? Right? Hello? Hello?

Wouldn’t that be refreshing if we could maturely and professionally debate our political positions and rationally discuss things without it being the cause of stress, frustration and at times violence? Who knows, maybe that will happen at some time in the future; it certainly isn’t happening in this election cycle. So as much as I had wanted to explain my political opinion I was reminded, politely by my law partners, that it would be “frowned on” and maybe expressing my political thoughts might just likely alienate half the potential readers of this fine publication. My partners urged restraint. “No one wants to hear your political position Danny” one of them said. “Who do you think you are, Bill Maher?” Another griped. “Leave the good citizens of the Cherry Creek region alone, they have suffered enough with your thought-provoking pieces over the years. Can’t you just tell them about our law firm?” That comment came from my brother and partner David Foster who has had to listen to me for my entire life. Thanks David!

So I have heeded their advice and decided to scratch the political endorsements and move straight to the top five things people ask me as a lawyer and what advice I generally provide. It’s not as fun as politics, but probably a lot more helpful.

1) If I am pulled over by the police and they think I have been drinking, what do I do?

Assuming you decided to drink and drive instead of hailing an Uber then you have opted to be penny-wise and pound foolish. It’s so cheap to hail a Lyft, Uber or cab that it makes no financial sense to risk a DUI. But if you are pulled over remember: do NOT admit to drinking (you have a right to remain silent), do NOT take the voluntary roadside tests (you have a right to decline these tests), and if you choose to take a chemical test, insist on the BLOOD test. There are obviously many arguments about whether or not to refuse the chemical test, but for a first offense the best decision is to take the blood test. It should be noted that a refusal to take a test can lead to a one-year revocation of your license. If you refuse and lose your license you may be eligible for a license with an interlock after two-months of not driving. The sanctions for a blood alcohol test above .08 comes with a license suspension, but you may be eligible for license with interlock after one-month. This analysis becomes more complicated with multiple offenses and any criminal conviction. So the choice is yours!

Also, it’s always a smart idea to be polite to the police. They are only doing their job, and trust me, you will never, ever win an argument with a police officer on the side of the road. You are NOT entitled to an attorney during their DUI investigation. So be smart, be polite, keep your mouth shut, and if you choose to take a chemical test, remember: Blood Test. The second you are released from custody call your lawyer!

2) Should I discuss my personal injury case with a lawyer, even if it’s a small injury?

Yes you should. Call your attorney first before you give any statements to the insurance company. And be sure to get yourself checked out by medical personnel as soon as possible. It is also critical to remember that when you are selecting what type of auto insurance to buy, always select medical payment coverage, and always maximize your uninsured/underinsured motorist coverage. Trust me in case of a catastrophic accident you will be glad you did.

3) While we are discussing a personal injury case, why isn’t my face on billboards and on TV advertising for personal injury?

Well that is a loaded question. First of all the point of advertising is to obtain clients. Using my face could have the opposite effect; I couldn’t possibly compete with the chiseled jaws and manly-men already advertising on the TV, bus benches and urinals. The second point is that I have deliberately chosen to not go down that road. While all attorneys are allowed to advertise, I think that type of advertising demeans the profession and makes personal injury attorneys look clownish. We are in the business of helping people who are going through some of the worst situations they may ever face, and I don’t want to disrespect our very important job by looking like a stereotypical ambulance chaser. I hope one day all personal injury attorneys trust their work product and referrals for business instead of bombarding us with ads 24 hours a day. But the data shows the advertising will only increase. Sorry folks!

4) I don’t have a will or medical power of attorney, is this a big deal?

Um yes! Especially if you have children. Get that Will completed and signed as soon as possible. Don’t wait for a catastrophic event to start considering your estate planning. Even if you have few assets you need to get this done. It’s easy, relatively inexpensive based on your needs, and can literally save your life or the life of your children. No more excuses! Get that Will done. And while you’re at it, get scheduled for that colonoscopy already!

5) What’s the best way to get out of jury service?

I can’t even count the number of times I’ve been asked this question. My answer is always the same “why would you want to get out of jury service?” Jury service is a remarkable accomplishment of our American justice system that is truly unique to our country. While other countries also have a jury system, even the most democratic among these countries don’t have the power of our jury system. If you are trying to wiggle out of jury service by intentionally misrepresenting your belief system then you’re not only subjecting yourself to contempt, but you are missing out on an amazing opportunity to participate in the greatest justice system on earth.

So speaking of the greatest political system on earth I’d like to formally endorse the next president of the United States . . . (I apparently surpassed my word count, I’ll let you know in December).

Danny is a managing partner of Foster, Graham, Milstein & Calisher (FGMC). His practice focuses on personal injury. The law firm of FGMC, located in Cherry Creek, is a full service law firm focusing on: criminal defense, personal injury, real estate, litigation, liquor licensing, construction law, tax/estate planning, bankruptcy and zoning. This article does not create an attorney-client relationship and is for informational use only (what do you expect from an attorney!)

Valley’s BS Filmworks Shoots Short Film Blockbusters

by Mark Smiley | Aug 29, 2016 | General Featured

News That Local Filmmakers Won Distribution Rights

Is Exciting, Particularly For Two Short Films Worldwide

by Glen Richardson

Getting a distribution deal for a film is the aspiration for almost all filmmakers. But it can be tough — thousands of films are produced every year, and very few make it to the next level. It is even harder to get distribution for a short film. So it is a true achievement for Denver’s BS Filmworks to have landed a Shorts.TV distribution deal for not just one, but two of their short films. Furthermore both films were created through the 48 Hour Film Project — a worldwide competition where films are written, shot, and edited in a 48 hour time period.

Filmmakers Brock Sherman (the B in BS Filmworks), Scott Takeda and Lori Kay Allred (Takeda’s wife) of BS Filmworks recently signed an agreement with Shorts.TV to get worldwide television distribution for their short film “If Not Now” — a film about a family dealing with an aging parent and dementia. The film began airing on Shorts.TV this July. Shorts.TV is the global home to the world’s highest quality short films. Headquartered in London with its U.S. office in Los Angeles, Shorts.TV has produced the Oscar Nominated Short Film theatrical release since 2006 and distributes other exceptional short films to 54 countries through various platforms including cable, satellite and iTunes. In Colorado, viewers can see Shorts.TV on DirecTV, AT&T, and CenturyLink.

“We’re obviously ecstatic about this,” admits filmmaker Takeda. “We know it’s rare to get distribution for films, especially short films. And Shorts.TV only accepts the top short films produced worldwide, so we’re honored that they chose us.”

Coming To Colorado

“We really responded to ‘If Not Now,’” adds Efren Rodriguez of Shorts.TV. “It’s a beautiful, character-driven story that is very well done. We’re also excited that the director Lori Kay Allred is female. Hollywood needs diverse voices, and we like that she took a personal story and brought it to life on camera.”

“Our goal is to produce feature films in Colorado and bring TV/Film work back into the state,” says producer Sherman. “This film is a great example of the kind of filmmaking we do because it’s a story that’s personal to us and full of complex characters.”

Shorts.TV has also purchased U.S. and foreign distribution rights to another BS Filmworks short film called “The Decision.” This film was shot last summer in Croatia and is about a young woman choosing between the wishes of her family and her desire to choose her own path. Allred also directed this film.

Decision Coming

“The Decision” was entered into the 2015 local 48 Hour Film Project competition, but has gone through multiple re-shoots. “We wanted to do something different with ‘The Decision,’” explains director Allred. “We shot a version for the competition, and then decided we wanted to tell a longer story with more depth. So we rewrote the script and shot new scenes in both Croatia, and later in Denver.

“The Decision” will appear on Shorts.TV later this year. BS Filmworks is currently working on two features — a story about Colorado’s internment camps and the other is a family drama set during the holidays.

The BS Filmworks trio of Allred, Sherman and Takeda are all Emmy award-winning storytellers. Lori Allred is a national Emmy winning writer for her work on the “Food Network.” Brock Sherman is a multiple regional Emmy winner and has won the national New York Festivals WorldMedal for his graphics animations. And Scott Takeda works both behind and in front of the camera as a director and TV/ Film actor.

Takeda’s Role

The Chronicle first featured Scott Takeda for his acting (March 2013). As an actor, his film roles have included parts in Everything Must Go, Dallas Buyers Club and Gone Girl. He worked as a photojournalist/ producer for the CBS-owned TV station KCNC from 1992 until 1994. From 1995 to 1997, he was a producer and director for the syndicated children’s show News-for-Kids. Takeda’s television acting debut came with a guest star role on Easy Money in 2009. He later played the character of Stella’s father, Mr. Yamada, in the 2011 Disney Channel TV movie Lemonade Mouth. In 2015, he guest starred on the television series American Crime, The Messengers, and Grimm among others.

Takeda’s wife Lori is a producer with High Noon Productions and works on several high-profile HGTV shows, such as Diners, Dives and Drive-ins. The couple has lived in the Cory Merrill neighborhood for more than 23 years.

Takeda also runs Takeda Entertainment, a production company that produces corporate films and documentaries, including the Emmy-nominated 1996 documentary The Holocaust: Colorado Remembers, which he wrote, directed and produced. The firm’s list of corporate clients touches nearly every category of corporate America. There’s telecommunication firms like BellSouth and Echostar and financial giants such as GE Capital and Morgan Stanley on the list. The equally diverse list of local clients includes the Arvada Center, the University of Colorado and Western Dairy Association. Hallmark Entertainment and FOX have been among their programming clients.

Corporate Clients

This August Takeda’s Entertainment crews hit the road for on-location shoots for Sub-Zero/Wolf/Asko — the high-end manufacturers of kitchen appliances. They were filming an installation program and showing how it is a key part of delivering a premium experience for their customers. “Two years ago, we produced a B-to-C film that showcased Sub-Zero’s industry-leading service program,” explains Takeda. “We focused our storytelling efforts around humanizing the service experiences. This time, we were showing how Sub-Zero’s installation program is building on those efforts and creating better customer service.”

The firm’s automotive projects have included work for Buick, Saab and General Motors (Detroit and Mexico). Earlier this year, Takeda’s creative team was busy putting the finishing touches on a corporate documentary film for Cadillac. The goal was to tell a story about a new sales program.

“We’re passionate about telling stories with emotional impact because it’s harder than ever to reach and affect an audience. Genuine people stories cut through the clutter,” he believes. “Whether we’re interpreting creative ideas and pairing them with global brands like Cadillac or directing a film, we know how to reveal powerful, honest moments. Every story. Every time,” Takeda concludes.