ACG Denver
President's Letter
ACG Member News Headlines
- EKS&H announces new construction expert
- EKS&H announces the release of the 2010 Business Outlook Survey
- Green Manning & Bunch Hires Greg Throckmorton as M&A Analyst
- Haemonetics announces agreement to acquire Global Med Technologies
- Netsuite and Hein partner to provide expert accounting, regulatory compliance solutions
- DGS attorney Elizabeth Titus elected Colorado GLBT Bar Association president
- DGS Partner Constance Rogers to Join U.S. Department of the Interior
- EKS&H’s Bruce Nelson Publishes Sales and Use Tax Book
- M&A News: ABA Private Target Deal Points Study
- St. Charles Capital announces Central Bancorp acquisition of Farmers & Stockmens Bank
- Headwaters MB advised CyberArts on a minority transaction with Greek gaming systems operator
- St Charles Capital announces private financing of ClearChoice Holdings
- EKS&H Partner Reappointed to PCAOB Advisory Group
- SalesLeadership, Inc. is finalist in CWCC Company of the Year Award
- ACG sponsors Women on Boards
- EKS&H announces three new principals
- 3rd Annual Business/Social Entrepreneurship Lunch Program —Dec. 1
- Announcing the 2010 Rocky Mountain Corporate Growth Conference!
- The Transition Companies announces merger with RMA Consulting and new Denver office
- ACG President Kathleen Quinn Votaw Is DBJ Award Finalist
- Donnelly Consulting Group: providing strategy and execution to grow professional service
- ABI announces recap of Mayday Manufacturing to Tailwind Technologies
- Green Manning & Bunch announces the recapitalization of Policy Studies Inc.
- Green Manning & Bunch completes corporate divestiture for American Civil Constructors
- Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado
- PR Newswire acquires The Fuel Team
- Stacy Carpenter named one of Law Week’s Top Women Lawyers
- Headwaters MB advised Newport Corporation on asset swap with Oclaro, Inc.
- ACG-Denver Leadership 20 program growing Denver’s future leaders
- Davis Graham & Stubbs named best corporate law firm in Denver
- Ireland Stapleton announces new environmental practice
- Holme Roberts & Owen team ranked No. 1 by Legal 500
ACG Member News
EKS&H announces new construction expert

Ehrhardt Keefe Steiner & Hottman (EKS&H), the largest Colorado-based accounting and business consulting firm and the sixth largest firm headquartered in the Western United States, announces that Shane Brown, CPA, was awarded the Certified Construction Industry Financial Professional (CCIFP) certification by the Board of Trustees of the Institute of Certified Construction Industry Financial Professionals (ICCIFP). The lengthy exam covered such topics as accounting & reporting, income recognition, budgeting & planning, risk management, taxes, human resources, legal issues, information technology, and joint ventures. Shane joins over 650 active CCIFPs across the nation and 41 certificate holders in Colorado.
EKS&H announces the release of the 2010 Business Outlook Survey
Ehrhardt Keefe Steiner & Hottman (EKS&H) PC, the largest Colorado-based accounting and business consulting firm, is pleased to announce the release of the 2010 Business Outlook Survey.
EKS&H Business Consulting conducts this annual survey to provide the business community with market specific information and insight on what company executives are projecting for the coming year. The results from this year’s survey represent over 170 companies from a wide variety of industries. The survey report can be accessed at the following web address:
www.eksh.com/businessconsulting.
Green Manning & Bunch Hires Greg Throckmorton as M&A Analyst

Green Manning & Bunch, a middle market investment banking firm, welcomes Greg Throckmorton as an analyst. Throckmorton will support the Managing Directors at GMB in each of GMB’s middle market practice areas: Building Materials & Services, Healthcare, Industrials and Technology. Greg will assist with merger and acquisition, private equity, debt placement and strategic financial advisory services for GMB’s clients in both the Denver and Phoenix offices.
Prior to joining GMB, Throckmorton was an investment banking analyst in the Energy Group at Headwaters MB and held internships at MBH Enterprise and Wm. Smith & Co. Throckmorton holds a B.S. in Finance from the Daniels College of Business at the University of Denver.
Haemonetics announces agreement to acquire Global Med Technologies
Haemonetics Corporation (NYSE: HAE) and Global Med Technologies, Inc. (OTCBB: GLOB) announced a definitive agreement under which Haemonetics will acquire Global Med for approximately $60 million in a cash tender offer. St. Charles Capital acted as exclusive financial advisor to Global Med Technologies in this transaction.
Global Med Technologies, Inc. (OTCBB: GLOB) is an international healthcare information technology company which markets a breadth of software solutions and services that span the blood supply continuum, from blood collection to the hospital transfusion center to the patient care environment. As a leading provider of blood and laboratory systems and services, Global Med’s products are deployed in 20 countries and serve over 2,100 transfusion centers, blood banks and laboratory sites.
Headquartered in Braintree, Massachusetts, Haemonetics (NYSE: HAE) is a global healthcare company dedicated to providing innovative blood management solutions for our customers. As a global leader in blood management solutions, Haemonetics helps plasma fractionators, hospitals and blood collectors to improve clinical care and lower costs by optimizing the collection, processing, and use of scarce blood resources. Haemonetics also markets information technology platforms and consulting services to help manage the blood supply chain and improve blood management practices.
St. Charles Capital, based in Denver, Colorado, provides expertise in mergers and acquisitions, raising private capital, and financial advisory services for middle-market companies nationwide. For more information, visit www.stcharlescapital.com.
Netsuite and Hein partner to provide expert accounting, regulatory compliance solutions
NetSuite Inc., (NYSE: N), a leading vendor of cloud computing business management software suites, and Hein & Associates LLP, a leading accounting and advisory services firm, today announced a partnership to provide both public and private companies with a range of customized accounting and regulatory compliance solutions powered by NetSuite’s leading cloud computing applications for financials, enterprise resource planning (ERP) and customer relationship management (CRM).
Working with NetSuite and its powerful, flexible cloud computing application suite and software development platform, Hein & Associates’ professional consultants will deliver sophisticated, vertically focused solutions for needs ranging from tax and financial reporting to growth plan development. NetSuite’s architecture will enable Hein & Associates to provide timely, Web-based software updates as regulations and best practices evolve.
Hein’s deep roots serving companies in the technology, manufacturing, distribution, and energy fields will promote specialized solutions for each of these industries.
With offices in Denver, Dallas, Houston, and Irvine, California, Hein & Associates LLP is ranked by Accounting Today as one of the 60 top accounting firms in the country. The company’s SEC practice is recognized as among the largest in the country by Public Accounting Report, and the firm is consistently recognized as a “Best-of-the-Best” firm by Inside Public Accounting. For more information about Hein & Associates, visit www.HeinCPA.com.
The partnership between NetSuite and Hein & Associates comes at a time when cloud computing is gaining increased traction as the preferred deployment model for business applications. Gartner recently forecasted the SaaS market to have a 17.7% Compound Annual Growth Rate (CAGR) through 2013, nearly five times the total application market’s 3.6% CAGR. Gartner Dataquest also recently released figures showing that NetSuite has joined the ranks of North America’s top ten ERP vendors by revenue. For more information about NetSuite Inc., please visit www.netsuite.com.
DGS attorney Elizabeth Titus elected Colorado GLBT Bar Association president
Davis Graham & Stubbs LLP associate Elizabeth Titus has been elected president of the Colorado Gay Lesbian Bisexual Transgender Bar Association for 2010. Formerly Colorado GLBT Bar Association’s secretary, Ms. Titus will continue to promote the group’s mission of providing support and a collective voice for Colorado GLBT legal professions through community involvement, activism and education.
Ms. Titus specializes in litigating cases for natural resources clients, including oil and gas, mining, and other companies and organizations. Her matters often involve permitting on public lands, cultural resources, federal Indian Law, OSHA, MSHA, land use, contract, tort and other commercial issues. Her noteworthy cases include successfully defending a NYSE company against deceptive trade practices, breach of contract, and conspiracy claims, obtaining a full defense verdict in a six-day jury trial, and assisting in a successful appeal to the Colorado Supreme Court regarding the enforceability of stipulated judgment against an insurance provider.
With Ms. Titus’ recent appointment, Davis Graham & Stubbs attorneys now serve as presidents of three specialty bar associations in Colorado. She joins DGS partner Victoria V. Johnson, who is the president of the Colorado Women’s Bar Association, and DGS associate Damian J. Arguello, who is the president of the Colorado Hispanic Bar Association. They continue a DGS tradition of leadership roles in our community and in organizations that seek to promote diversity in the legal profession.
For more information about Davis Graham & Stubbs, its practices and lawyers, please visit www.dgslaw.com.
DGS Partner Constance Rogers to Join U.S. Department of the Interior

Davis Graham & Stubbs LLP today announced that natural resources partner Constance L. Rogers has been selected to serve as the Deputy Solicitor for Energy and Mineral Resources in the U.S. Department of the Interior, effective February 15, 2010. Ms. Rogers will be relocating to Washington D.C.
In her new role, Ms. Rogers will report to Hilary Tompkins, Solicitor of the Department of the Interior, and will provide advice, counsel and legal representation on matters involving the management of energy and mineral resources on public lands and the Outer Continental Shelf. Ms. Rogers will be responsible for legal guidance on regulation, permitting and development of onshore and offshore minerals, conventional energy and renewable energy, royalties from leases on Federal lands, and coal leasing. Ms. Rogers will assist the Solicitor in advising the Bureau of Land Management on its energy and minerals programs, the Minerals Management Service and the Office of Surface Mining.
Ms. Rogers’ private law practice has encompassed renewable energy, mining, federal Indian law, public lands and historic preservation matters, in transactions, litigation and permitting. She has advised companies on mineral, renewable energy and other project development and permitting, primarily on federal public lands and Indian lands, with particular emphasis on compliance with federal land management statutes, the National Environmental Policy Act, wildlife and other species protection statutes, cultural resource and religious freedom laws and federal Indian law concerns.
DGS has one of the largest energy law, public lands and natural resources practices in the Rocky Mountain West. Ms. Rogers becomes the latest DGS partner to serve at the U.S. Department of the Interior; former DGS partners Clyde O. Martz and John M. Sayre as well as current DGS partners Zach C. Miller and Charles L. Kaiser each served former administrations in the Secretary’s and Solicitor’s offices.
Commenting on the appointment, DGS managing partner Chris Richardson noted that “Connie is the latest example of DGS natural resource lawyers who have committed to serve the public in the U.S. Department of the Interior. We are going to miss her tremendously, but her broad depth of experience and strong leadership skills make her the ideal individual to fill this important role.“
EKS&H’s Bruce Nelson Publishes Sales and Use Tax Book
Ehrhardt Keefe Steiner & Hottman (EKS&H), the largest Colorado-based accounting and business consulting firm and the sixth largest firm headquartered in the Western United States announces that Commerce Clearing House (CCH) has published the 2010 edition of its Sales and Use Tax Answer Book. This is the book’s thirteenth edition with state and local tax expert Bruce M. Nelson of EKS&H as lead author, along with co-authors James T. Collins and John C. Healy. The book addresses the critical sales and use tax issues confronting tax practitioners and their clients and includes discussion of current developments, guidance on compliance procedures, analysis of recent court cases, and ideas for tax planning.
Bruce has more than 25 years of experience in state and local tax and is on the adjunct faculty of Regis University, where he teaches courses in individual, partnership, and corporate taxation. He is also a frequent seminar speaker and teaches continuing education classes in state and local tax for the University of Denver’s Graduate Tax Program, the Colorado Society of CPAs, and the American Institute of CPAs.
M&A News: ABA Private Target Deal Points Study
The 2009 Private Target Deal Points Study, a project of the M&A Market Trends Subcommittee of the Committee on Mergers & Acquisitions of the American Bar Association’s Section of Business Law, is widely recognized as the gold standard for market metrics of key negotiated issues in M&A agreements and has achieved notable popularity among investment bankers, private equity investors, CFO’s and other non-lawyer deal professionals as an “unfair advantage” in negotiating private company acquisition agreements.
The Study analyzes publicly available acquisition agreements for transactions of between $25 and $500 million in size completed in 2008 that involved private targets being acquired by public companies. The final Study sample of 106 acquisition agreements excludes agreements from transactions in which the Target was in bankruptcy, reverse mergers, and transactions otherwise deemed inappropriate for inclusion.
Issues covered by the Study include:
• Purchase price adjustments and earnouts
• Material Adverse Effect and other Pervasive Qualifiers
• Catch-all representations and warranties
• Closing conditions
• Covenants
• Termination
• Sandbagging and non-reliance
• Indemnification
• Dispute resolution
ACG Denver member Clifford R. Pearl of Hensley Kim & Holzer, LLC was an active participant in the working group that prepared the study and would be delighted to provide a complimentary copy upon request. To receive your complimentary copy of the Study please contact Clifford R. Pearl of Hensley Kim & Holzer, LLC at cpearl@hkh-law.com.
St. Charles Capital announces Central Bancorp acquisition of Farmers & Stockmens Bank
St. Charles Capital is pleased to announce the acquisition of Farmers & Stockmens Bank by Central Bancorp. St. Charles Capital (www.stcharlescapital.com) served as exclusive financial advisor to Farmers & Stockmens Bank and its holding company, Raton Capital Corporation, in this transaction.
Located in Clayton, NM, Farmers & Stockmens Bank has been in business for 89 years focusing on the banking needs of Union County and the surrounding area. The bank has developed an expertise in agriculture and personal banking services with approximately $56 million in assets.
Located in Colorado Springs, CO, Central Bancorp and its affiliates are a unique group of financial services companies providing integrated products and services for wealth management, mortgage loans, title insurance, property & casualty insurance, trust services, and full-service banking. In conjunction with this transaction, Farmers & Stockmens Bank acquired a banking charter from Wray, Colorado based First Pioneer Bank Corp. With the combination of these two transactions - the acquisition of Farmers & Stockmens Bank and the acquisition of the bank charter - Central Bancorp was permitted to open a bank branch in Colorado Springs.
Headwaters MB advised CyberArts on a minority transaction with Greek gaming systems operator
Headwaters MB (www.headwatersmb.com) advised CyberArts Licensing LLC on a minority capital formation from Intralot SA, a publicly traded provider of state-of-the-art integrated gaming systems to lottery organizations worldwide. The Headwaters process resulted in a transaction that positions CyberArts to be the leading software technology provider across multiple gaming markets worldwide.
CyberArts is a software development company located in Berkeley, California. Its foundation suite of gaming software products powers online and server based games with exceptional scalability, reliability and graphical flexibility. CyberArts supplies its software products to licensed operators worldwide. INTRALOT, a Greece-based publicly listed company, is the leading supplier of integrated gaming and transaction processing systems, innovative game content and sports betting management, to state-licensed gaming organizations worldwide.
St Charles Capital announces private financing of ClearChoice Holdings
St. Charles Capital is pleased to announce the private financing of ClearChoice Holdings with equity capital provided by individual investors. St. Charles (www.stcharlescapital.com)
served as the exclusive financial advisor to ClearChoice Holdings in arranging the financing.
Through this transaction, ClearChoice raised additional equity capital to fund the continued rollout of ClearChoice Dental Implant Centers into new markets. ClearChoice Holdings currently manages the business and non-clinical operations of 14 treatment centers in the U.S. and has plans to provide such services to several new centers per year.
The management company and its associated doctors are the U.S. leaders in providing consumers with an integrated, immediate function treatment approach, and are the first to develop a national network of implant centers. The Company has established an extensive corporate infrastructure to manage the administrative and non-clinical operations of the Centers. ClearChoice was founded in 2004 by a group of experienced dentists and business professionals, and is uniquely positioned as the largest dental implant services company in the U.S.
EKS&H Partner Reappointed to PCAOB Advisory Group
Ehrhardt Keefe Steiner & Hottman (EKS&H) PC, the largest Colorado-based accounting and business consulting firm and the sixth largest firm headquartered in the Western United States announces the appointment of Gaylen R. Hansen, Audit Partner and Director of Quality Assurance, to a third term on the Public Company Accounting Oversight Board’s Standing Advisory Group.
This group advises the PCAOB on professional practice standards that govern the auditors of all U.S. public companies. Gaylen is also a board member of the Colorado State Board of Accountancy, Director of the National Association of State Boards of Accountancy and a member of the AICPA’s Professional Ethics Executive Committee. Recently, he served as a member of the U.S. Treasury’s Advisory Committee on the Auditing Profession.
EKS&H was formed in 1978 and is a nationally recognized firm, with 45 partners and over 350 professionals located in offices in Denver, Boulder, and Fort Collins.
SalesLeadership, Inc. is finalist in CWCC Company of the Year Award
SalesLeadership, Inc, was named a finalist in the small business category for the Colorado Women’s Chamber of Commerce “Company of the Year Award.“
SalesLeadership (www.salesleadershipdevelopment.com) provides professional sales training and business development consulting. Its seminars, workshops and programs in motivational sales training, sales techniques, sales management, sales strategy and sales leadership development are designed for individual sales professionals and corporate sales teams.
Colleen Stanley, President of Sales Leadership, is an ACG member and former board member. She is also president of the NSA Colorado Chapter.
ACG sponsors Women on Boards
Women on Boards is an annual panel discussion designed to educate and prepare women for board service, focusing primarily on for-profit boards. ACG encourages interested women members to attend.
Monday, November 9, 2009 - 3:00 PM to 6:00 PM
Grand Hyatt Denver Downtown - 1750 Welton Street, Denver
Currently, women represent only 15.2 percent of Fortune 500 company board membership, and Women on Boards is out to change that!
This event will educate and prepare women for board service. Panelists are top-level executives with extensive board experience and a desire to share their knowledge and necessary tools for serving as a director. Topics include: being an effective board member; how to position yourself to get on a board; how to transition from serving on non-profit boards to for-profit boards.
Panel includes: Courtney Cowgill - Chief Financial Officer & Treasurer, VCG Holdings Corporation; Lynn Dawson - Executive Vice President, Advisory Board Architects; Barb Allen - Retired President, Proactive Partners; Panel Facilitator: Christie Doherty - Principal, The Athena Group LLC
For information on the panel and the facilitator, visit the Women on Boards website.
Cost: $85 for individual tickets. To register online: www.DenverWOB2009.eventbrite.com
EKS&H announces three new principals
Ehrhardt Keefe Steiner & Hottman (EKS&H) PC, the largest Colorado-based accounting and business consulting firm and the sixth largest firm headquartered in the Western United States announces the promotion of three new principals.
Justin W. Dodge and Jason M. Wagner have been elected as principals in the Firm’s tax service area. These two individuals have extensive expertise in a variety of industries, with a specific focus on mergers, acquisitions and divestitures.
Robert C. Bond has been elected as principal in the audit service area. Bob has expertise in a variety of industries and has assisted clients with significant technical accounting issues. These individuals join the firm’s 42 other principals.
EKS&H currently has 45 partners and over 350 professionals located in offices in Denver, Boulder, and Fort Collins. Our clients include public and private companies located throughout the region, and many with operations across the U.S. and the world.
3rd Annual Business/Social Entrepreneurship Lunch Program —Dec. 1
Peter Kellner, elected a Young Global Leader in 2009 by the World Economic Forum and featured in Barron’s December 2008 article, “New Faces in Philanthropy,“ has turned around 320 companies, created in excess of 80,000 jobs at $2.5 billion, made a significant impact in the lives of many, and still manages to find balance in his life.
At age 39, Peter is currently co-founder and Managing Director of Uhuru Capital Management, a fund of funds that provides a significant allocation of its profits to social enterprises engaged in sustainable economic development. He is also Chairman and Founder of Richmond Management, a firm with venture capital investments in technology and communications in the U.S., China and India.
“We don’t call what we are doing philanthropy; we call it having an impact,“ says Peter about his firm Uhuru Capital Management. He adds, “This is a model that combines the desire to achieve and the desire to do good.“
As a social entrepreneur, Peter co-founded Endeavor, a pioneering organization promoting entrepreneurship in emerging markets. He is on the board of Obopay, Inc. Voxiva, Inc. and AdChina, Inc. He is a member of the Board of Trustees of The Allen-Stevenson School, a boy’s school in New York City, as well as the Board of Ashoka Youth Venture.
Peter is a member of the Council on Foreign Relations, Crown Fellow, The Aspen Institute, Pacific Council on International Policy (PCIP), International Institute for Strategic Studies (IISS), and North America Council of Ashoka. He received his undergraduate degree from Princeton University and was a Fulbright Scholar to Hungary after college. He received a J.D. from Yale Law School and an MBA from Harvard Business School.
Peter Kellner is a model for social entrepreneurship. Join us on December 1st to see how he does it-and why. Thank you to Christopher Pelley, managing partner of Capital Investment Management (CIMCO), for organizing and sponsoring this event each year.
We expect this program to sell out early, so make your reservation soon.
Announcing the 2010 Rocky Mountain Corporate Growth Conference!
“Managing Beyond the Recovery: New Realities, New Rules, New Values”
March 17-18, 2010
The Inverness Hotel and Conference Center
Englewood, CO
The conference will guide a timely discussion about what the future holds for businesses as the U.S. economy emerges from the deepest recession in history. Some of the anticipated changes, and the basis for conference panel discussions, include:
• Companies will be closely managed rather than over-led
• The footprint of Federal activism on business will be significant
• There will be new ways of doing business to fit the “new normal”
• Business performance and value will have new metrics
Conference Keynote Speakers Include:
• Howard Behar-Former president of Starbucks
• Fawn Germer-Bestselling author and Pulitzer-nominated journalist
• Keith McFarland-Bestselling author and former INC. 500 CEO
Learn More and Get LinkedIn:
• Visit http://chapters.acg.org/denver/to learn more
• Click on the RMCGC conference tab which will take you to the conference page
• Click on the LinkedIn logo on the conference page and join the discussion: http://chapters.acg.org/denver/events/rockymountaincorporategrowthconference.aspx
Join corporate executives, professional services and investment firms, and private equity dealmakers for a vital dialogue and help shape the future of business.
Don’t sit on the sidelines. Join the conversation!
The Transition Companies announces merger with RMA Consulting and new Denver office
The Transition Companies (TTC) has announced its merger with RMA Consulting, a boutique middle market M&A firm located in Denver and founded by Michael Allen. As Senior Managing Director, Michael Allen will oversee the strategic growth of the firm and the expansion of the new Denver office and business throughout the Rocky Mountain region.
Dallas-based TTC is a leading middle-market M&A firm specializing in recapitalizations, divestitures, corporate finance and turnaround consulting. TTC was founded in 1988 as SUCCEL, building a strong reputation within the private equity arena and providing high level turnaround consulting for many portfolio companies and privately- held companies. In the mid 1990’s, SUCCEL expanded into a full service M&A and consulting firm.
With the merger of RMA Consulting and The Transition Companies, the firm now has offices in Texas, New Jersey/New York, California and Colorado. Michael Allen recently joined ACG-Denver. He can be reached at: mallen@transitioncompanies.com or 303.915.8688.
ACG President Kathleen Quinn Votaw Is DBJ Award Finalist
Our congratulations to ACG-Denver’s new president, Kathleen Quinn Votaw! Kathleen, who is president and CEO of TalenTrust, was a finalist for the Denver Business Journal’s prestigious Outstanding Women in Business award for 2009. Kathleen was nominated in the Consultant category for the successful growth of her Lakewood-based Recruitment Process Outsourcing (RPO) firm into a national company over the past five years. Kathleen’s two-year tenure as ACG president begins this month.
Donnelly Consulting Group: providing strategy and execution to grow professional service
Dorothy Donnelly is delighted to announce the opening of Donnelly Consulting Group as of August 1, 2009. The new company was formed to guide professional services firms in finding and implementing the strategies and tactics to grow their business. Donnelly Consulting Group offers an integrated approach to marketing and sales with a focus on accounting, legal, management consulting, engineering and similar firms.
Dorothy, who has dedicated her 20-year career to marketing, sales and strategy development for professional services firms, serves as president of the company. Her personal experience includes several years’ tenure with three worldwide public accounting organizations: Deloitte & Touche, Arthur Andersen, and Grant Thornton. She has also directed marketing for mid-sized legal firms and small professional and consulting firms. Dorothy will take a leadership position on all projects, assembling a team of accomplished professionals to collaborate with her, and with clients, to meet growth objectives.
Dorothy believes that professional services firms will achieve desired outcomes when strategies are based on a broad-range view of their organization, a fully integrated marketing and sales approach, and measured results. Donnelly Consulting Group teams will provide whatever level of support clients need, from offering an outside perspective to “hands-on” guidance.
For more information, contact Dorothy Donnelly at: 303-376-6240 or Dorothy@DonnellyConsultingGroup.com; or visit the Web site: www.DonnellyConsultingGroup.com.
ABI announces recap of Mayday Manufacturing to Tailwind Technologies
Aaron, Bell International, Inc. (ABI) announced the recapitalization of Mayday Manufacturing Company to Tailwind Technologies, Inc. The Denton, Texas based Mayday manufactures precision parts used in commercial aerospace applications and military aircraft programs. It has produced more than 100,000 different part numbers for the majority of aerospace design groups worldwide.
Tailwind Technologies, Inc. buys and operates value-added manufacturing businesses in general aviation, aerospace and industrial sectors with a long-term hold strategy. Tailwind was founded in 1986 and is based in Piqua, Ohio.
Aaron, Bell International (ABI), founded in 1989, is an independent investment bank focused on middle market private sector transactions. ABI is a new ACG member. Welcome! (www.aaron-bell.com)
(August 2009)
Green Manning & Bunch announces the recapitalization of Policy Studies Inc.
The Healthcare Practice at Green Manning & Bunch, Ltd. (GMB), one of the nation’s leading middle-market investment banks, announced the recapitalization of Policy Studies Inc. (PSI) by Pegasus Capital Advisors, a New York City-based private equity firm. PSI provides outsourcing, consulting and information technology solutions to government health and human services programs.
As a financial advisor during the transaction, GMB assisted the common shareholders in evaluating the impact of many recapitalization scenarios on various investors in the company. In addition, GMB advised the common shareholders as they balanced receiving current liquidity and maintaining a meaningful equity stake. Pegasus’ infusion of capital adds to prior investments by Endeavour Capital, a Portland-based private equity firm and current shareholder, and will allow PSI to continue to improve its innovative and technologically advanced systems.
Green Manning & Bunch completes corporate divestiture for American Civil Constructors
The Building Materials & Services practice at Green Manning & Bunch, Ltd. (GMB) announced today the sale of the landscape maintenance and services division of American Civil Constructors, a portfolio company of Chicago Growth Partners, to Dallas-based Progress Equity Partners Ltd. ACC Landscape Services LLC, as it will be known going forward, provides a diverse range of outsourced services including traditional landscaping, irrigation, snow/ice, aquatic/lake, and public infrastructure maintenance and management. These services are provided through long-term contractual relationships with commercial property owners/managers and public agencies/municipalities throughout Colorado and Northern California.
As the exclusive financial advisor to Chicago Growth Partners and American Civil Constructors, GMB managed all aspects of the divestiture process. In addition to the traditional complexity associated with corporate divestitures, this transaction had the added challenge of simultaneously raising debt and obtaining bonding in today’s difficult lending and surety environment. Nonetheless, the deal was completed within 90 days from the signing of the letter of intent. This was another successful advisory assignment for GMB in the outsourced facilities services industry, a niche the firm’s Building Materials & Services practice has been focusing on for the past several years.
Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado
The 2010 edition of the Best Lawyers in America ranks Davis Graham & Stubbs LLP first in Colorado-based attorneys practicing in the areas of commercial litigation, corporate governance and compliance law, environmental law, natural resources law, oil & gas law and securities law.
The publication also recognizes 32 DGS attorneys as “Best Lawyers,” with 13 of those lawyers listed in Best Lawyers for at least 10 or more years. The number of DGS lawyers recognized in the definitive guide to legal excellence represents more than 40 percent of DGS partners. Best Lawyers is a peer-reviewed survey of more than 24,126 leading attorneys and targets in-house counsel.
PR Newswire acquires The Fuel Team
St. Charles Capital is pleased to announce the acquisition of The Fuel Team by PR Newswire, a subsidiary of United Business Media. St. Charles Capital served as exclusive financial advisor to The Fuel Team in this transaction.
The Fuel Team, headquartered in Denver, equips nonprofits, healthcare organizations, small to medium-sized businesses and large corporations with easy to use website communication software. The Fuel Team entered into a strategic partnership with PR Newswire in 2004, and develops the software used by PR Newswire for its online newsroom (MediaRoom) and investor tools (IR Room). PR Newswire is a provider of electronic press release distribution services.
Stacy Carpenter named one of Law Week’s Top Women Lawyers
Hensley Kim & Holzer, LLC congratulates our newest member, Stacy A. Carpenter, for her selection as one of Law Week’s Top Women Lawyers. The honor is well deserved. Ms. Carpenter practices in the area of civil litigation with emphasis on commercial and employment litigation and professional liability defense. She is a frequent lecturer on employment topics, is the President-Elect of the Denver Bar Association and is actively involved in legislative matters and pro bono activities. Please join us in congratulating her for this very distinguished honor!
Headwaters MB advised Newport Corporation on asset swap with Oclaro, Inc.
Headwaters MB announced that it advised Newport Corporation (Nasdaq: NEWP) on an exchange of assets and cash with Oclaro, Inc. (Nasdaq: OCLR). Under the terms of the transaction, Newport acquired Oclaro’s New Focus(TM) business, which comprises a portfolio of high-performance photonics products including opto-electronics, high-resolution actuators, opto-mechanics, tunable lasers, vacuum and ultraclean solutions and OEM-engineered solutions. Simultaneously, Oclaro acquired Newport’s high-power diode laser manufacturing
operations, located in Tucson, Arizona, and received $3 million in cash.
As part of the transaction, the two companies entered into a supply agreement in which Oclaro will provide high-power diodes to Newport for incorporation into its Spectra-Physics laser products. Both companies will provide transition-related services to the other during an integration period of six to twelve months.
ACG-Denver Leadership 20 program growing Denver’s future leaders

By Gloria Zamora
What distinguishes the best professional services firms in Denver? The most successful among these organizations understand the importance of developing their future leaders. Not only does this investment in their people ensure their long-term viability, but it also rewards the very best talent they hope to retain. The Denver Association of Corporate Growth (ACG) recognized the need to offer a leadership program that addressed the unique challenges faced by professional services organizations. Now in its third year, the Leadership 20 program brings together outstanding professors from the University of Denver Daniels College Of Business, and the Leeds School of Business at Colorado University Boulder, as well as leadership development experts, to share the key leadership competencies that prepare emerging leaders to assume broader management roles.
The interactive curriculum is designed to explore real-world topics that address the unique dual role within the professional services arena that requires leaders to meet client needs, while addressing management responsibilities. Chad Williams, COO/Managing Partner of Capital Investment Management, Inc., who attended the Leadership 20 program last year, described his experience by saying, “I thoroughly enjoyed the Leadership 20 curriculum and was able to apply what I learned in my job, particularly the change management concepts. I also appreciated networking with people I believe will be running Denver in the future.“
Consistently, participants of the program have said that they benefited greatly from the opportunity to meet and network with professionals in similar stages of their careers. The connections they made have been an excellent source of business referrals. Additionally, the participants provided each other a great sounding board to discuss challenges and best practices. Sponsors of the participants have underscored the benefit the Leadership 20 program has provided their respective firms. Many sponsors stated that the Leadership 20 program was a great complement to round out learning for their up-and-coming leaders. Richard Mattera, partner with the law firm of Hogan & Hartson, who was a sponsor in 2008 said, “The Leadership 20 program is developing existing and future Denver business leaders. The Leadership 20 alums are going to be recognized as a special group because they are going to accomplish big things.”
If you have an exceptional emerging leader in your firm who should be a part of this group, please forward the name and resume of the candidate along with a paragraph written by the prospective participant describing why he or she should be part of this program, to Michele Gebhart, Executive Director of ACG Denver, at mgebhart@acg.org. The deadline for nominations is July 15th. If you are interested in nominating a worthy candidate but cannot submit your nomination by July 15th , contact Michele Gebhart (303) 903-3757 or Les Makepeace, Leadership 20 Chair, at (303) 659-9148 or les@pioneergm.com to indicate your interest or learn more here.
Gloria Zamora, President & CEO, Success Innovators, Inc., can be reached at: (303)466-2528 or www.successinnovators.com.
Davis Graham & Stubbs named best corporate law firm in Denver
Davis Graham & Stubbs LLP has been selected by high-level lawyers at area companies as the best corporate law firm in Denver. The firm, which features Denver’s largest corporate law practice, was named as the top Denver firm in Corporate Board Member magazine’s 9th annual Legal Industry Research Study. The results will be featured in the magazine’s second-quarter issue, “America’s Best Law Firms.”
“In-house counsel are sophisticated consumers. They consistently seek the best and most efficient lawyers to advise their companies. We are honored to be recognized as Denver’s top corporate firm, especially as we work with our clients in these difficult economic times,” said Chris Richardson, the firm’s managing partner.
Davis Graham and Stubbs has the largest corporate finance and acquisitions practice in the region, with more than 60 lawyers and with expertise in complex M&A transactions, securities law, taxation, private equity, asset management and real estate. Corporate Board Member reports on corporate governance leadership issues faced by directors and officers of publicly traded companies, large private companies and others.
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Ireland Stapleton announces new environmental practice
Ireland Stapleton’s new environmental practice group will handle environmental compliance and permitting matters; water quality protection and regulation; and CERCLA, RCRA and NEPA matters, including Brownfields and Superfund redevelopment.

Rebecca Almon, Shareholder/Director, will lead the group, continuing to focus on the environmental aspects of business transactions, compliance advice, asbestos issues, assessment of potential environmental liabilities and litigation risks, and internal financial auditing and disclosure requirements.

Lukas B. Staks, Associate, will continue to work with companies on Superfund site remediation and redevelopment, compliance with RCRA regulations and wetlands, water quality and storm water issues.
Holme Roberts & Owen team ranked No. 1 by Legal 500
HRO’s M&A team has once again been ranked No. 1 for M&A services in the West Mountain Region, according to the 2009 edition of the Legal 500.
Our international team of 75 lawyers in each of our Denver, Salt Lake City, Boulder, Phoenix, Los Angeles, London and Munich offices received praise both for their strong “client service ethic” and abilities in middle-market, technology, energy, and natural resources deals. Partners Martha Rehm, Stephen Lee, Dean Salter and Mashenka Lundberg were also individually singled out for praise.
Published for over twenty years, the Legal 500 series provides the most comprehensive worldwide coverage currently available for legal service providers, in over 100 countries.


