Colorado Bar Association
Colorado Bar Association
February 2020 Section Newsletter
William S. Wenzel, Editor

To submit an article for publication in an upcoming newsletter, please contact the editor by email at [email protected].

Colorado’s Small Crowdfunding Offering Exemption – Perhaps Now It Will Be The Game-Changer We Hoped
Crowdfunding in Colorado has not been utilized since it was adopted by the General Assembly in 2015 even though the General Assembly, in its legislative declaration, noted that “Start-up companies play a critical role in creating new jobs and revenues; and [l]ack of access to capital is an obstacle to starting and expanding small business, inhibits job growth, and has negatively affected the state’s economy.”  In the September 2018 Business Law Newsletter, Herrick Lidstone discussed the new “Small Offering Exemption that the Securities Commissioner adopted in an effort to make capital raising simpler for small companies.

While any prediction of the future is risky, Securities Commissioner David Cheval has adopted new rules that become effective on March 30, 2020 which are intended to make crowdfunding offerings for amounts of up to $500,000 much easier for small businesses to accomplish.  As noted in this article by Andrea Welter and Herrick Lidstone of Burns, Figa & Will, PC, crowdfunding (even if it becomes more accessible) will still impose obligations on small businesses that choose to use it. Read Article.


Complying with Both the CCPA and COPPA When Collecting and Selling Data from Children
Nicholas Blodgett, J.D. Candidate at CU Law School and Chris Achatz at KO Law Firm provide detailed guidance on how businesses covered by the CCPA can safely comply with both the CCPA and COPPA when handling children’s personal information. Read Article.


“Nuts and Bolts” Article: E-Commerce Regulation and The World of Online Shopping
With so many transactions taking place online it is important to understand the complicated regulatory framework and changing practices of e-commerce. This article by DU law student Remi Ri’Chard helps get us started Read Article.


Your Help is Requested for Amendments to the Colorado Business Corporation Act
Learn More.


Business Law Section Board Nominations
Nominations and Self-Nominations are due for board positions in the Business Law Section. Please contact Nicole Black at [email protected].


Upcoming CLE Programs

Tuesday, March 3
M&A Breakfast Series: Representations and Warranties Insurance - 2019 Buy-Side RWI Deal Terms Study
Live or Webcast
SRS Acquiom is a transactional insurance broker and a provider of escrow agent, paying agent and shareholder representation services, giving it a unique view of the M&A market and the ability to collect data on private target acquisitions. The company recently published the 2019 Buy-Side Representations and Warranties Insurance (RWI) Deal Terms Study analyzes 642 private-target acquisitions ($121 billion). We’ll cover the use of Buy-Side RWI in Private Target versus Public Company M&A transactions, and discuss its impact in those transactions, deal characteristics that drive the use of RWI, effects on key deal terms and a look  at what’s next.

Wednesday March 6
Appellate Practice 101: The Basics of Litigating an Appeal
Live or Webcast
Join us to check and enhance your appellate know-how and to learn from very knowledgeable, engaging, and highly experienced appellate practitioners. The whens, wheres, whys and hows of litigating an appeal will be spelled out for you in a time efficient manner. Best practices, pitfalls, persuasive techniques and strategic considerations to be included in the discussion.

Business Document Drafting Series
March 11–May 20 | 6 Invaluable Sessions | Mix & Match, or attend all 6!

Session 1: Wednesday, March 11
Drafting LLC and Partnership Agreements
Live or Webcast
This session provides an overview of primary drafting considerations, including tax, transfer, management, and audit considerations, in LLC agreements. Learn about the key provisions and issues in drafting the LLC operating agreement, as well as how to prepare the Articles of Organization. You will also learn about the most important drafting issues for a partnership, such as capital and partnership interests, profit, loss, cash flow, management, and dissolution.

Session 2: Wednesday, March 25
Drafting Corporate Entity and Shareholder Agreements
Live or Webcast
Your expert introduces you to the nuts and bolts of corporate formation and key principles when drafting corporate entity and shareholder agreements, including how the different parts of the documents work together. You will also learn how to identify your client’s needs, understand their goals and how these get written into the documents.

Friday, April 12
1031 Like-Kind Exchanges: Fundamentals & Advanced Practice
Take the Fundamentals morning course Live or Webcast, or the afternoon Advanced Practice Live or Webcast, or both (Live or Webcast). This program offers sessions for both newer and experienced tax, business, and real estate attorneys.

Tuesday, April 7
M&A Breakfast: How Do the Deal Points Studies Apply to Small Deals
Registration coming soon.

Wednesday, April 29
Colorado Health Law Symposium 2020

Live or Webcast
The health care industry and law are ever-changing, developing, and evolving; expand your knowledge and understanding of the laws, procedures, policies, and more governing health care. Take advantage of this timely conference to gain insights from nationally and locally recognized health law experts, and mix and mingle with your colleagues.


Contributions for future newsletters are welcome.
Contact William S. Wenzel at [email protected].
This newsletter is for information only and does not provide legal advice.

Colorado Bar Association
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