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Kevin Michael Strait

Attorney in Fort Collins, Colorado

Arbitration & Mediation, Business Law, Estate Planning ...
Colorado, Wyoming

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Practice Areas

Arbitration & Mediation: Business - Arbitration/Mediation, Consumer - Arbitration/Mediation

Business Law: Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Estate Planning: Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Intellectual Property

Probate: Probate Administration, Probate Litigation, Will Contests

Trademarks: Trademark Registration

Additional Practice Area

Aviation Law

Fees

Free Consultation
Credit Cards Accepted
Contingent Fees

Jurisdictions Admitted to Practice

Colorado: Colorado Supreme Court; ID Number: #56689

Wyoming: Wyoming State Bar; ID Number: 8-6863

Languages

English: Spoken, Written

Professional Experience

R&D Engineer: Afton Chemical Corp.; 2003 - 2017

Education

Regent University School of Law: J.D.

Virginia Commonwealth University: B.S. | Physics

Professional Associations

State Bar of Colorado: Member; Current

Lawyer-Pilot Bar Association: member; Current

International Air & Transportation Safety Bar Association: member; Current

Fort Collins Chamber of Commerce: Member; Current

Denver Bar Association: member; Current

Colorado Pilot's Association: Member; Current

Aircraft Owners and Pilots Association: Member; Current

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Publications

Articles & Publications

Patent: US9340746: USPTO; May 17, 2016

Patent: US8490471: USPTO; July 23, 2013

Certifications

Advanced Ground Instructor: Federal Aviation Administration; 2017

Private Pilot License: Federal Aviation Administation; 2016

Locksmith & Electronic Security Consultant: Department of Criminal Justice Services (Virginia); 2016

Websites & Blogs

Website: Anzen Legal Group

Legal Answers

43 Questions Answered

Q. My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look: January 17, 2024; A: Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered trademark is generally allowed (and it not infringement) if the parody is not used as a trademark itself, and it not submitted for trademark protection. Trademarks serve the board purpose of identifying the source of goods and services in a marketplace. The trademark might be a business name, a product name, a slogan, or graphic artwork like a logo. To act as a trademark, the phrase or artwork must be used to identify the seller of the goods or services in a sales environment. If a parody logo is NOT used in a way that distinguishes any one seller of goods or services, the parody is NOT functioning as a trademark. If the parody is not functioning as a trademark, it falls within the establishes set of exemptions and does not form infringement.

Once again, this commentary is a general description of the fair use exception for parodies and is not legal advice specific to you situation. ... Read More

Q. For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?: December 29, 2023; A: Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC or a traditional C-corp.

I'm not familiar with your situation and this answer is not legal advice specific to your goals, but generally the subchapter S election is used with LLCs where a small number of owners of the business wish to draw regular wages and make partners' draws.

If you make the subchapter S election, the underlying business will still be an LLC or a corporation (whichever you selected when forming the business). The tax election just establishes the rules for taxation and how you can convert business profits to personal income.

When selecting between an LLC and a Corp structure, one key factor is the future ownership of the business. If the business will have relatively few owners and infrequent changes in ownership, an LLC make a lot of sense. If the business will have shareholders in the traditional sense, will change hands often, or will seek investors that pan to hold shares, then a corporate structure is most appropriate. Keep in mind that a corporation can "authorize" shares but "issue" them to individuals at a later time. In contrast, an LLC generally has ownership that adds up to 100% at all times, and an LLC generally cannot own it's very own equity (but a corporation can).

The liability protections of an LLC and a corporation are often similar, but the duties and obligations to maintain those protections will vary. Generally, a LLC has simplified duties of self-governance to maintain the so-called "corporate veil" of protection. Corporations usually have more complex requirements to maintain the liability protections, such as formal meeting of a board of directors and keeping written meeting minuities.

One last consideration is the overall ownership structure if the business will be in a family of companies with parent companies and subsidiaries. There are restrictions on how a business acting under the subchapter S election can be a part of a holding structure. Talk to your CPA to be sure your overall structure is acceptable for your business making the subchapter S election. ... Read More

Q. Deceased Devisee: May 18, 2023; A: This response is generalized information related to Colorado inheritance, and is not legal advice specific to your situation.

Gifts made in a Will are sometimes given special attributes, conditions, or rules. A gift that fails to meet the conditions required in the Will can "lapse." A lapsed gift cannot be collected by an heir.

One common condition placed on gifts in a Will is the attribute of the recipient surviving the deceased person.

Certain language in the Will can make the gift valid even if the recipient dies first. That recipient's estate, or more likely that persons heirs, can still collect the gift. But another common condition in a Will is that a gift will lapse if the named recipient is not alive to collect the gift. A lapsed gift is terminated, and the Will probably includes rules for handling any terminated gifts.

The exact conditions that apply to any specific gift made in any specific Will are unique. Colorado does not require any formal language in a Will to make a gift, or to make the gift with conditions. Some Wills are vague or fail to specify any conditions at all. You may want to consult a Colorado attorney to interpret the Will and tell you if the gift to your father has lapsed or if the gift to your father is collectable by an heir. An attorney can likely interpret the conditions that apply to the gift at a relatively low cost. ... Read More