Vegas Legal Magazine Summer 2015

FALL 2015

PG.15

THIS ISSUE

LAW

9 // THINK BEFORE YOU POST 12 // LAWYERS FLYING SOLO 15 // THE EAGLE & THE PRINCE 20 // CASE IN BRIEF 23 // AFTERMATH OF FORCLOSURE CRISIS 25 // MEET THE INCUMBENT 29 // COVER STORY: OSCAR GOODMAN 34 // SPINE INJURY 101

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BUSINESS

41 // RESORTS WORLD LAS VEGAS 43 // REMEMBERING KIRK KERKORIAN 44 // MONEY MATTERS: FINANCIAL FREEDOM 46 // THE INSIDE TIP WITH JOHN TIPPINS 49 // LUXURY VEHICLE WITH GREEN FOOTPRINT

HEALTH & LIFESTYLE 51 // FALL MUST HAVES 54 // NEW BOUTIQUE: ALEXIS BITTAR 56 // BAR REVIEW 58 // TEN WAYS TO HANDLE STRESS 60 // THE ITALIAN AMERICAN CLUB 63 // TEN HEALTHY SUPERFOODS 67 // TAPAS! TAPAS! TAPAS!

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Vegas Legal Magazine Fall 2015 | Pg. 3

Meet The Team www.vegaslegalmagazine.com

EDITOR IN CHIEF PRESTON P. REZAEE

PUBLISHER TYLER MORGAN

CREATIVE DIRECTOR TIMOTHY HANCOCK

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LETTER FROM THE EDITOR Preston P. Rezaee, Esq.

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or the Fall 2015 issue of Vegas Legal magazine, I had the privilege and pleasure of interviewing Mr. Las Vegas himself, Oscar Goodman. We conversed over gin martinis at the Mandarin Bar overlooking the sparkling lights of Las Vegas Boulevard. As I sipped my drink, immersed in Goodman’s tales about the gilded age of Las Vegas, I couldn’t help but notice that photographs of another of our great city’s icons— Mr. Kirk Kerkorian, who had passed only a few days earlier—were being displayed on monitors of every hotel and casino on the Strip. There couldn’t have been a more fitting venue, nor a more serendipitous moment, to be interviewing the man many call the King of Las Vegas.

And so it was.

Goodman spoke of an era when mobsters gambled on building what eventually became the gaming capital of the world.

It was a romantic age, when Frank Sinatra and the Rat Pack sang nearly every night at the Tropicana, sipped on what Frank called “the perfect gentleman’s drink”–bourbon on the rocks–and smoked cigars with the movers and shakers who built this gem in the middle of the desert…men like Kerkorian, who saw what this city could be and made it happen.

This issue of Vegas Legal magazine pays tribute to the men who build this city. As Las Vegas grows and expands in the manner intended by its founding fathers, it struggles to preserve its history. A city built on the foundation of expansion,

and the development of bigger and better mega resorts like the Resort World Las Vegas, it struggles to hold on to its gilded past.

Men like Goodman are part of both the history and the present day of this town. As our interview came to a close, I felt the irony of nostalgia for a period that predates my birth. In the struggle between progress and preservation, for better or worse, progress is prevailing. I can only hope that the new generation of Las Vegans like myself will do their best to preserve a bit of its history.

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LETTER FROM THE PUBLISHER Tyler Morgan, Esq.

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“ hen you think you know it all, that’s when you need to get to the next level.” Those are words that stuck in my head since my interview with Robert Eglet and Dennis Prince.

Too often do people “settle” on their success and fail to push the envelope. As attorneys we should always strive to get to the “next” level in our respective careers because it’s the clients we represent who suffer most when we don’t.

Oscar Goodman realized late in his career after decades of success as an attorney that he had a higher calling when he decided to run for mayor. Kirk Kerkorian knew early in his life that flying charter planes wasn’t his end. No, he went on to build an empire in MGM Resorts and transcended the landscape of our city, as we know it. Robert Eglet and Dennis Prince knew they were bred to represent injured claimants even after realizing incredible success defending insurance carriers. It’s “pushing the envelope” and trying to always be the best in what we do that takes each one of us to a new level of success and meaning in our lives. We all have one shot at life to write our story and I hope this issue helps bring you the motivation you need to take yourself to the next level.

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THINK BEFORE YOU POST Rules For Your Facebook Marketing –By Megan Martin

What? You’re not on Facebook?

If you’re a lawyer who isn’t using Facebook for personal networking or marketing, it’s a question you’re likely faced with regularly. Five years ago, lawyers weren’t expected to have a profile page, but the times have changed, and today, being connected is the rule rather than the exception.

Still, despite that social media marketing is now common in the legal world, a lot of lawyers are wary of the prevailing opinion that Facebook is a marketing must-have.

Common reservations among lawyers range from concerns about online privacy and security, to the fact that Facebook is “too personal” and creates a permanent record of all that you say and do.

Other lawyers simply wonder where they’ll find the time to invest in posting, “liking” and promoting. Facebook has even become a topic of conversation in the courts: Can it be used as evidence of an alibi or to investigate a case? Is it ethical for lawyers and judges to be “friends” online?

The concerns are certainly justifiable, but alternately, with more than 1.4 billion users, is it smart to eliminate Facebook from your marketing efforts? Many lawyers have found Facebook to be a valuable way to gather referrals and connect with new clients, as long as it’s done carefully and legally. Although it’s probably not a good idea to think Facebook can replace your current marketing strategies, it can potentially have a positive impact on your legal success.

Before you sign up for an account and start posting or “poking,”

read these five tips for avoiding pitfalls and making the most of your Facebook marketing efforts.

RULE #1: Keep It Ethical.

Before you set up your profile, perform your due diligence. Make sure you thoroughly understand the Nevada Bar’s ethical rules and use them to guide your participation in any online marketing initiatives. In particular, know the ins and outs of any restrictions on advertising, confidentiality and solicitation. Although it’s a common practice among law firms to offer prizes to Facebook users who “like” their page, under no circumstances should you offer legal services to users as a reward for their interaction.

Finally, avoid a major pitfall and never offer legal advice on your page.

RULE #2: Consider The Pros And Cons Of A Personal Account.

Facebook is set up so you can have both a personal page and a page for your law firm. Why would you want to use a personal page to help market your legal services? A personal page allows you to easily reach out to friends or former clients who are encountering struggles and may need your legal help.

But, personal accounts can create problems, too. There is a lot of room for error and for private personal information to be revealed.

(What if a friend posts a photo of you doing something less than professional and your client sees it? What if you slip up and reveal a political stance in a comment you don’t want your clients to know?)

If you choose to have a personal account, carefully monitor your Vegas Legal Magazine Fall 2015 | Pg. 9

THINK BEFORE YOU POST Rules For Your Facebook Marketing security and privacy settings to ensure that private information stays private. Create groups of “personal” versus “business” friends to ensure that posts are visible to only certain people. Finally, pause before posting anything. What you think may sound great may potentially tarnish your reputation and influence how other professionals or clients perceive you.

RULE #3: Post Content That Your Audience Will Care About.

With the option to post links to articles, blog posts, videos, and more, you have a wide variety of ways to interact with your audience. Whether you’re connecting your readers to a blog post on your firm’s website or posting a tip about what to look for in a divorce lawyer, the rule of thumb is the same: post content your readers will care about and benefit from.

If your audience is bored or your content offers no value, it won’t do your business any good. You want to sell your services…but if all your posts have a transparent, aggressive, or unprofessional sales pitch attached, you’ll lose followers as quickly as you gained them. (That goes for rampant self-promotion, too. Don’t spout off about the case you just crushed. Your audience will see you in a less-than-flattering light.)

Now that you know what not to do, you might be wondering what constitutes “good” content. One way to be valuable to your audience is to link to helpful blog posts or articles relating to your area of law. If the majority of your clients are small business owners, link to an article (or even better, a blog post you wrote) about legal considerations they should make. If you’re an immigration lawyer, link to an article or personal blog post about a current event affecting immigration policy. If you want to keep it simple, post tips or guidance about a new law in your area of specialization.

Finally, when you post, keep it short, sweet and clear to grab your audience’s attention.

RULE #4: Be Proactive To Improve Your Facebook Visibility.

Unfortunately, creating a Facebook page for your legal business, getting people to “like” it, and posting amazing information frequently won’t guarantee everyone you want to connect with sees your posts. That is because Facebook’s algorithm for business pages doesn’t always offer outstanding visibility. In fact, posts from your

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personal account will likely receive more exposure (and this is another reason why many lawyers use their personal accounts for business).

Luckily, if you don’t have a personal account, there are ways to make posts to your business page more visible. You’ll have to pay, but if you look at Facebook as another marketing tool, you should expect to pay for it as long as the results are beneficial. Signing up for the Promoted Posts function automatically makes your posts visible to more people. It has other advantages, too, the most important being the invaluable ability you’ll have to target specific users who could potentially become your future clients. You can target: • specific geographic areas; • people who have recently gotten engaged; • people who have recently started a business; • people who have purchased a home; and • people who have recently experienced negative life events like illness or accidents; and much more.

RULE #5: Avoid Security And Privacy Snafus.

Keeping your privacy and security settings updated is crucial to beneficial Facebook marketing. Facebook is known for changing these settings frequently, so you’ll need to stay on top of it. Make sure you understand how to use the settings on your page to keep unsolicited feedback to a minimum.

Here’s why: If your security settings aren’t current, strangers or clients can post negative comments about you or your firm to your page, which breaches confidentiality and corrupts your image.

You’ll also want to adjust the settings to make sure you aren’t allowing clients or competitors to see any sensitive information they shouldn’t. You’ll have the power to delete anything you don’t want on your page, but by the time you see it, the damage may have already been done.

Whether you’re a lawyer who’s new to Facebook or you’re an old pro, follow these rules to keep your marketing strategies ethical and to maximize exposure of your business! And remember to always think twice before you post.

READY TO FLY SOLO?

Preparing For Practicing On Your Own. – By Sabrina Siracusa

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et’s face it: Being part of a law firm with multiple associates can feel like a security blanket. A firm provides the security of having a consistent stream of new clients, which is so important, especially when you are first starting out. So, why do so many lawyers try to fly solo when there are as many pitfalls as there are good reasons for doing so? The following tips can help you save time, money and frustration when taking the leap toward practicing on your own.

Learn To Create Balance

As a solo practitioner, you will always need to wear your entrepreneurial hat. (Not an easy task for most lawyers as this is not something taught in law school.) You have to quickly learn to do the legal work, manage your office and grow your practice.

A solo practice requires devotion and time. It’s important to have realistic expectations to avoid becoming mentally and physically overwhelmed with the conflicting demands to market your prac-

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tice, practice law and handle the day-to-day details like finding a temp when your paralegal or secretary calls out sick during a critical time.

Brush Up On Organizational Skills

If being highly organized is not one of your strong traits, hire a staff member who is and learn from them. A successful solo practitioner needs good organization, time management, and business skills. Any deficiency in these areas can lead to financial problems, a malpractice claim, or a brush with the bar association.

You will also need a marketing plan, which includes outlining who your prospective clients are and how you will pursue them. And don’t forget one critical question to consider: Your area of practice.

You will also have to be very careful about budgeting and spending.

Consider sharing an office, a home office use or a “virtual office”

LAWYERS FLYING SOLO

with the occasional rental of a meeting room. Invest in good quality computers, printers and case management software.

Don’t buy luxury furniture or art, rent pricey office space, purchase a full library, or buy expensive client entertainment until after you have established your firm.

Be Fully Committed To Your Solo Practice

You need to be 100 percent committed to maintain the drive necessary to succeed. Be sure you do the necessary soul searching before you launch your practice and have your family support already in place. Often, when revenue does not come in fast enough to meet family expectation and needs, a spouse may pressure the solo practitioner to walk away and get a “real” job.

In that scenario, it’s easy to lose hope and give up.

Find Your Courage

Going solo is not for the faint of heart. You have to be strong enough to refuse to represent just anyone who walks in the door and wants to hire you. You will need to have the courage to discuss your fees and payment arrangements up front. You need to have the fortitude to put a file aside when a client doesn’t pay their bill. Be confident about your self-worth, charge appropriately for your hard work, and don’t hesitate to put yourself out there for new clients and referrals. The solo practitioners who succeed are those who have courage and determination.

Maintain Excellent Customer Service

Treat your clients well and they will return the favor. As a solo practitioner, it’s about establishing relationships with your clients so they refer business back to you. If you fail to provide great service, you will eventually lose clients and sources for referrals.

Don’t Go At It Alone

Avoid the mistakes made by fellow attorneys that do not discover or take advantage of resources. Don’t waste valuable time and money. Reach out to your local, state or national bar association to get information on free or low-cost resources to assist you.

Also, reach out to fellow attorneys and offer to take on cases they receive in areas of practice they do not specialize in. When you are ready to start your solo practice, there is no need to do it entirely alone.

THE EAGLE & THE PRINCE

PARTNERS ROBERT EGLET AND DENNIS PRINCE OF EGLET PRINCE EMBODY POWER, CLASS AND KNOWLEDGE IN SOUTHERN NEVADA – By Charlotte Evans & Tyler Morgan

THE EAGLE

Have you ever thought about getting involved in politics in Southern Nevada? If so, have you spoken with longtime trial attorney Robert Eglet? Because more than being your typical trial attorney, as a staunch Democrat who is well respected by Republicans, Eglet is often at the top of candidates’ lists of “must-have” supporters.

Aside from deep pockets—think more than a billion dollars awarded in trials and settlements—Eglet has fundraising capabilities beyond the norm and a long history of political involvement. His friend and U.S. Senate Democratic Leader, Harry Reid, was present for the ribbon-cutting ceremony at Eglet’s new state-of-the-art $18

million office building. While few other attorneys, even at the national level, can claim they had their state’s senator, members of the state’s delegation and their city’s mayor attend the opening of their law firm, many of Nevada’s politicians and judges have enjoyed Eglet’s support. Is he a “power broker?” Eglet doesn’t see it that way.

“I’m a progressive….I believe in government and I believe the government can do a lot of good things [for people].”

EGLET ON POLITICS

Robert Eglet is a powerful negotiator, and occasionally, a lobbyist.

This past legislative season, Eglet used his political prowess to lobby in Carson City against what he calls “anti-consumer bills.” As a

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THE EAGLE & THE PRINCE strong advocate for consumer rights, he says he had no other choice but to personally bring the fight to our capitol.

“Some of the bills that were proposed would have harmed all consumers, including my clients, in their right to seek fair legal redress,” says Eglet. The result of his lobbying? Another stat for the win column, like the ones he garnered to earn the 2014 National Trial Attorney of the Year. Eglet’s work as a lobbyist is likely to continue, thanks (or no thanks, as the case may be) to term limits.

“Term limits have destroyed our ability to sustain continuity,” he says. “We aren’t giving our legislators enough time to work, and we have great legislators who have been pushed out of office because of [12-year] limits.”

In addition to consumer rights, Eglet advocates for changing the Nevada Constitution protocol requiring that judges run for office.

“I think it’s unfortunate that the judges have to go around with their hats in their hands asking for contributions,” says Eglet. “It’s a humiliating process, and the attorneys who contribute dread it too. I’ve been criticized in the past for contributing, but I feel it’s my civic responsibility and my responsibility to my clients to see qualified people become judges.”

Eglet says it’s important to note that the Nevada Constitution was established when the population was small and residents across the state were more familiar with the candidates. Today, he says, that is not the case.

Many wonder if Eglet will ever run for office, but for now says he has no plans to do so. “I believe I am more effective helping people in the courtroom,” he says.

EGLET THE LITIGATOR

Eglet holds the record for the largest verdicts and settlements in Nevada history as a trial attorney (in the last 10 years he’s shepherded more than $1.5 billion). His list of honors and accolades includes the previously mentioned National Trial Lawyer of the Year award from the National Trial Lawyers Association as well as being the only attorney from Nevada named one of the nation’s Elite Trial Lawyers by the National Law Journal. “We’ve had a lot of success and I credit that to the dedication and skill of all the people at the firm,” says Eglet. “Our clients have done well and I’m happy about that.”

Eglet’s impressive track record of verdicts and settlements has afforded him luxuries befitting a billion-dollar barrister, including what many recognize as the most luxurious office building in the

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state. The Eglet Advocacy Center is an elegant, eco-friendly office building featuring award-winning architecture fashioned from the early days of Las Vegas. Outside the building is a plaque honoring one of Las Vegas’ founding fathers, Pop Squires, whose home once stood at the site of the building across the street from the original Las Vegas High School. Inside the building is breathtaking décor that rivals the Palace Versailles, from its marble floors to crystal chandeliers. The office building is equipped with electric car charging stations, a full gym with showers and four conference rooms on each floor; but the building’s jewel is the lavish mock courtroom, which serves as a teaching space for both attorneys and students of the law. As a graduate of UNLV, Eglet wanted to provide a place near Downtown where students could interact with top legal professionals and from where webinars could be broadcasted.

Eglet also enjoys teaching and holding seminars around the country. He says he’s passionate about trial law and mentoring young people who are motivated to help others. “I tell them, if you’re getting into the profession to become rich, you’re better off getting a job on Wall Street. You become a trial lawyer because you know it’s what you were born to do.”

ENTER THE PRINCE

Dennis Prince, like his partner Robert Eglet, is another heavyweight in the courtroom. Prince is on the list of the Top 100 Trial Lawyers by the National Trial Lawyers Association and together with Eglet brings proverbial “shock and awe” to court when they try cases together.

Prince’s path began similarly to Eglet’s. While in law school in 1991, he began clerking at the firm of Beckley Singleton (and coincidentally, in 1985, Eglet, was a Beckley Singleton associate and had sat at the same desk).Through their Beckley Singleton connection, Eglet and Prince quickly became friends and formed a lasting bond that both describe as one of “brothers.”

Both attorneys were raised by hard-working single mothers in low-income southern Nevada homes. Both were the first in their families to go to college, relying, in part, on scholarships. They began their careers as trial attorneys, successfully representing defendants. In time, they struggled to separate from what they had established as defense attorneys to become plaintiff lawyers. At times the transition seemed near impossible, and when potential clients approached them for representation, they were almost always conflicted out of the case due to their current firm’s representing so many insurance carriers. It was inevitable they would have to jump ship if they were to ever represent plaintiffs.

WORKING AMID CRISIS

In 1997, Eglet and Prince decided to leave their respective firms to begin their first partnership with the goal of maintaining their current insurance clients until they retained enough new clients to forgo defense work; however, two weeks after partnering, Eglet was

crushingly diagnosed with a brain tumor.

Months of surgery and rehabilitation followed for Eglet, who had to relearn how to speak after his tumor was removed. While Eglet was out of the office, Prince’s double-duty workload maintained the firm and its clients. Eglet eventually fully recovered, but once again the two found themselves consumed with insurance defense work.

At that time, they decided to part ways professionally. “I think my illness was an epiphany [which] made me want to do full-time plaintiff [work]. I didn’t want to do work that I wasn’t happy to be doing.”

Prince continued on as a tremendous defense attorney and formed Prince and Keating, a highly regarded defense firm. Meanwhile, Eglet became one of the greatest plaintiff attorneys in the country.

Over time, the two friends rejoined forces. Earlier this year they formed Eglet Prince to finish what they had once started.

PRINCE’S PERSONAL PASSIONS

Prince is often recognized for his commitment to Nevada’s young people. He currently serves on the board of directors for Substance Free Nevada, an organization dedicated to keeping children active and away from drugs.

A father of three, he instinctively understands that by keeping children active, there is a higher likelihood they will stay out of trouble while developing skills and self-esteem. “Dennis is an exceptional father,” says Eglet. “I’ve learned a great deal from him about raising kids. It was no surprise that they asked him to serve on the board.”

Prince offers his time and efforts to help support kids in after school activities such as sports and music. He also assists in raising money for sports equipment and other needs, and says he enjoys being of service. “It’s important to be respectful of your role in people’s lives,” says Prince. “If I’m involved, you will get my very best.”

ONWARD, TOGETHER

Eglet and Prince are excited to be back together in partnership as battle-tested heavyweights who have each other’s back at all times.

“We’re fearless,” says Prince. “No one works harder or smarter.”

While their success has changed their circumstances, it has not steered them away from their values forged during hardship. They are fiercely committed to helping those in need. “Always be respectful of your role as an attorney because you may be your client’s only [experience] with the judicial system, and it is a privilege to be someone’s advocate,” says Prince. Adds Eglet: “Always make sure your practice is client-centered. Every day, try to improve and never stop educating yourself.”

The law firm of Eglet Prince keeps an open door policy for other attorneys. “We’re always happy to help another attorney with litigation,” adds Eglet. “And when another [attorney] decides to use us to handle a case, we allow that attorney to stay as active as they choose.” Eglet and Prince both say they hope to elevate the practice

of all attorneys in any way they can. “There is always room to improve,” says Prince. “When you think you know it all, that’s when you need to get to the next level.”

Although work can be intense and the stakes seem high, both men say it’s important to maintain perspective. “The toughest closing argument I ever gave was my mother’s eulogy,” says Eglet.

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Revisiting Non-Compete Clauses

area, and employed Ms. Gilmore from 2005-2012. In April 2011, Excellence required Gilmore to sign a contract that prohibited her from working for a competitor, or soliciting Excellence’s clients, for a period of 18 months following the end of her employment with Excellence. It did not, however, have a clause making it assignable to a different company or entity.

Nevada’s Supreme Court recently confirmed in the case Excel-

Shortly thereafter, in May 2011, Excellence’s two owners sold 90 percent of its combined membership interest in the company to a new owner. Within the following year, the company had sold the remaining 10 percent to the same purchaser. Excellence then had completely new ownership, but was in all other respects the same company it had always been.

The Nevada Supreme Court confirms the importance of ‘assignability terms,’ ‘change-of-ownership language,’ and the description of ‘work performed.’

lence Community Management LLC v. Gilmore et al., 131 Nev. Adv. Op. 38 (2015), that non-compete provisions—contract terms that limit an employee’s or contractor’s ability to work for a competitor after the relationship ends—are not terminated just because a company’s ownership changes hands. The Supreme Court also reminded businesses and their lawyers that non-compete agreements should be assignable, in case the employee or contractor moves to a new entity as part of an asset sale. Finally, the Supreme Court gave some indirect advice for how to make these agreements more likely to support an injunction, allowing a district court to issue an order halting a departing employee’s work.

History of the Dispute: Familiar Facts for Relationship-Based Businesses Excellence Community Management ( or “Excellence”) provides management services to homeowners associations in the Las Vegas

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In June 2012, Gilmore resigned from Excellence and went to work for Mesa Management LLC (“Mesa”)—also a defendant in the lawsuit, and a respondent in the appeal. Like Excellence, Mesa provides management services to Las Vegas-area homeowners associations. Upon the beginning of Gilmore’s employment with Mesa, the company notified numerous homeowners associations that it had acquired Gilmore as an employee.

Seeking to enforce the 18-month, non-compete and non-solicitation clauses that Gilmore signed, Excellence filed a lawsuit against her and Mesa. Excellence requested a preliminary injunction to keep Gilmore from violating her contract by working for Mesa. The Clark County District Court denied Excellence’s mo-

“Asset purchases are different from wholesale acquisitions of a company’s stock or membership interest. ” tion for two reasons: Excellence’s change in ownership rendered the non-compete agreement unenforceable—which the Supreme Court reversed—and, Excellence had not shown the “irreparable harm” necessary to issue an injunction, which the Supreme Court agreed.

Procedurally, this case was before the Supreme Court because the Clark County District Court denied Excellence’s motion for a preliminary injunction. Had Excellence’s motion succeeded, it would have stopped Gilmore from working for Mesa for the duration of the litigation. Whichever way the District Court decided the motion, though, the losing side would have had a right for immediate appeal to the Nevada Supreme Court under Nevada Rule of Appellate Procedure 3A(b)(3).

A 100 Percent Change of LLC Ownership Does Not Create a New Entity One of the central issues before the Supreme Court was whether the 100 percent sale of a limited-liability company’s (LLC) membership interest is analogous to an asset sale or stock sale. The non-compete provision’s enforceability turned on that question: Because the contract was not assignable, Excellence would not be able to enforce it if its change in ownership was considered an asset sale. In an asset sale, a purchaser acquires some or all of a corporation and absorbs it, turning it into a new entity and new employer.

In contrast, a stock sale simply controls the ownership of the entity without changing or affecting its existence.

LLCs, however, use membership interest rather than stock to assign ownership, which presented a new question for the Supreme Court to decide. While corporate stock and the membership interest in LLCs serve similar purposes, they are governed by different chapters of the Nevada Revised Statutes and pose different challenges.

Because corporations and LLCs both have a perpetual existence distinct from their owners, the Supreme Court determined that the sale of 100 percent of an LLC’s membership interest is the same as a 100 percent sale of a corporation’s stock. As such, no new entity was created, and Excellence could enforce its 2011 agreement with Gilmore, even under its new ownership.

The subtext to this branch of the Supreme Court’s decision is the importance of change-of-ownership provisions. In small businesses, and particularly in the professional services arena, economic health can be closely tied to the owners. While provisions that allow for termination or changes to an agreement of ownership frequently appear in commercial leases, financing instruments and certain regulatory agreements, they are less common in generic

non-competition agreements. Such terms may be helpful in luring top producers to a firm, and for talent who want to work primarily with an organization’s ownership. However, like any term that limits the applicability of a non-compete or non-solicitation provision, this consideration would benefit employees and contractors over the organization retaining them.

Assignability of Agreements with Non-Compete Provisions Is Still Important While the Supreme Court’s decision clarified that a 100 percent change of ownership in an LLC does not create a new entity to which a non-compete agreement must be assigned, it also re-affirmed that asset purchases do have this requirement. A contract must be assigned to a new entity in order for it to enforce the agreement. Many contracts have language allowing one or both parties to assign its benefits or obligations to another person or company.

However, where the contract does not allow for assignment, a new entity will have serious trouble enforcing the agreement, if it can at all.

Asset purchases are different from wholesale acquisitions of a company’s stock or membership interest. Individual stores or franchises can be purchased from a large enough company, and be absorbed by the buyer. Similarly, chunks of a business’ operations can be sold or spun off to outside entities that are not part of the original company. This is common in larger firms where certain functions face challenges that impede the rest of the business. (The mortgage servicing industry, with the rise of small companies servicing the loans of large banks, is a recent example of this phenomenon.)

There are good reasons to ensure that non-compete provisions are assignable, and thus enforceable, by these new entities. For example, a parent company whose employees sign non-compete agreements may wholly own a subsidiary that acquired a risky part of the main business for tax or other strategic reasons. Still, as a new entity that acquired part of the parent’s business, the subsidiary company would need to have the patent company’s non-compete agreements assigned to it. If the non-compete agreements were not assignable, the subsidiary could not enforce them, depriving both it and the parent company of the agreement’s significant benefits.

The Importance of Defining An Employee’s or Contractor’s Unique Skills Despite correcting the District Court’s ruling on the company ownership issue, the Nevada Supreme Court agreed that an injuncVegas Legal Magazine Fall 2015 | Pg. 21

Revisiting Non-Compete Clauses

This holding is consistent with the broader trend disfavoring any presumption of injunctive relief. As intellectual property litigators can attest, presumptions of irreparable harm have been steadily eroding since the United States Supreme Court’s 2006 ruling in eBay Inc. v. MercExchange LLC, the case that held there was no presumption of irreparable harm simply upon showing infringement occurred—a principle that has crept, arguably oversimplified, into the trademark and copyright arenas. The United States Supreme Court’s tough stance on presuming irreparable harm does not seem to have gone unnoticed.

One way businesses can prevent being affected by a similar ruling is to document the unique skills and abilities of employees or contractors that are covered by non-compete provisions. This requires customization of each agreement, and should be tailored to the contractors and employees most valuable to the business’ operations. It may also lead to the realization that not every employee or contractor requires a non-compete agreement. By taking this step, it may be possible to overcome the objection that an employee’s services are insufficiently specialized to warrant an injunction.

If non-compete provisions cannot be enforced, then they are of little use. With some additional measures, agreements containing non-compete agreements can be enhanced to withstand the challenges identified in Excellence Community Management. In the wake of this decision, it is worthwhile for businesses to review their contracts and update their non-compete and non-solicitation terms as needed.

Vegas Legal Magazine Fall 2015 | Pg. 22

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Obtaining an injunction to stop an employee or contractor from breaching a non-compete provision is more difficult than merely showing that he or she is poaching the prior employer’s customers.

The Supreme Court indicated that a finding of irreparable harm will ultimately depend on the facts of the case. Where there is evidence that an employee or contractor breaching a non-compete provision has stolen clients or shared trade secrets, there may be a presumption of irreparable harm…but only where the employee or contractor provided “unique” services. In Excellence Community Management, the Nevada Supreme Court found that Gilmore’s services were not unique enough to be irreplaceable, and did not warrant such a presumption.

Decatur Blvd

tion was improper because Excellence did not show it would suffer “irreparable harm” from Gilmore’s conduct. Irreparable harm arises where money damages are inadequate to cure the harm at risk of occurring, whether through the loss of customers or key relationships. The Nevada Supreme Court does not go on to precisely state where it arises, though.

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4705 West Post Road Las Vegas, NV 89118

www.LasVegasCollision.net

CRISIS AFTERMATH: Las Vegas’ Foreclosure Forecast Is Sunny With A Chance Of Optimism - By Kurt R. Mattson

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nyone in the United States who felt the effects of the 2008 mortgage crisis hopes by now it’s finally over, and nowhere is that announcement more enthusiastically (and eagerly) awaited than here in the valley. The story for the past few years is that Nevada has the nation’s second-highest residential foreclosure rate; however, there’s evidence that things are looking up as the most recent numbers may be telling a brighter story.

The Greater Las Vegas Association of REALTORS® (GLVAR) recently reported the Southern Nevada housing market was continuing to enjoy steady growth this spring, as home prices and sales in the valley increase from a year ago.

According to RealtyTrac reports, the Las Vegas foreclosure rate is still higher than the national rate of 1.43 percent, but this rate has decreased in the past several months. Also, the volume of mortgaged homes in the Las Vegas metro area in the foreclosure process fell to 2.36 percent in February 2015 compared to 3 percent a year earlier, and had fewer mortgaged homes with loan payments more than 90 days past due (5.76 percent in February compared to 7.76 percent a year ago). This means fewer area homes are headed into foreclosure.

One statistic clouding all that sunshine is from April 2015, when the number of foreclosure filings in Las Vegas was 9 percent higher than the previous month, and 37 percent higher than the same time last year. It’s important to point out that foreclosure activity did rise nationally, with a spike in repossessions by banks. That was expected by the industry. RealtyTrac says the April repossession increase was forecasted by a 23-month high in scheduled foreclosure auctions in October 2014. The scheduled auctions are now taking place, and properties are going back to foreclosing lenders.

Other than the predicted bump, foreclosure starts are decreasing in Las Vegas and are currently below pre-crisis levels nationwide. The foreclosure activity in April, experts say, was part of the clean-up from 2008, not the start of new trouble.

Home prices in the Las Vegas metro area rose by 6.8 percent in April compared to the same time last year (the median home value in Las Vegas is $180,300). Zillow forecasts these prices will rise 4 percent within the next 12 months. In other good news, GLVAR has seen fewer distressed sales and more traditional home sales. In April, 7.2 percent of all local sales were short sales, which is down from 8.3 percent in March and from 12.4 percent in March 2014.

Another positive for the Las Vegas housing market is that new housing development is growing—particularly in the southwest, Summerlin, and in the northwest valleys—with billions in new building projects and renovations said to be planned for the next few years.

In addition to positive trends in residential real estate, commercial foreclosures have slowed down significantly in the past several years, says Matt Watson of Childs Watson & Gallagher.

“The loan portfolios of failed institutions, such as Silver State Bank, have been liquidated for the most part,” says Watson, who practices in leasing, real estate development, and finance. “There has been some thought that with the coming maturity of CMBS loans, there may be another wave of foreclosures; but in my practice, I have seen a large number of re-financings to retire that maturing debt as property values recover.”

Watson doesn’t anticipate commercial foreclosures in Las Vegas to reach the levels we saw in the early part of the decade.

The 2008 mortgage crisis is still having some lingering effects in the valley, but reports on residential and commercial real estate are positive by most accounts, if cautiously so. For the next few years, the forecast for the market in Las Vegas looks at least partly to mostly sunny.

Kurt R. Mattson, J.D., LL.M., is the former director of Library Services and Continuing Education at Lionel Sawyer & Collins in Las Vegas. He is now the president of Union Legal Research — a marketing, writing, and research company catering to the needs of law firms and businesses in the Southwest. He can be contacted at kurt.mattson@unionlegalresearch.com.

Vegas Legal Magazine Fall 2015 | Pg. 23

INTERVIEW Judge Jerry Wiese

Photography By Tim Hancock

MEET THE

INCUMBENT Judge Jerry Wiese I

n this edition of Meet the Incumbent, we interview Judge Jerry Wiese, the presiding judge in Department 30 of the Eighth Judicial District Court, Clark County, Nevada.

Having moved to Las Vegas at the age of three, by Vegas standards, Judge Weise is as native as it gets. Weise attended Rancho High School and went to Brigham Young University for undergraduate studies. He graduated with a bachelor’s degree in political science and then went to McGeorge School of Law, in Sacramento, California. After graduating from law school, he returned to Las Vegas and went to work for the law firm of Vannah & Costello. After about 4 years, he joined forces with his best friend, Donald Williams, and formed the firm of Williams & Wiese. The firm focused on personal injury, medical malpractice, workers compensation, wrongful death, insurance bad faith and contracts. Before taking the bench, Judge Weise practiced as an attorney for approximately 16 years–8 years focused on defense work and the other 8 years focused on plaintiff work.

A family man at heart, Judge Wiese spends as much time as possible with his family beautiful wife of 26 years and four awesome children, ages 20, 14, 12, and 9. He has coached all of his children in soccer, and the his boys in basketball. He has been a Boy Scout leader for many years and currently serves as a Scoutmaster. A devout Mormon, Judge Wiese is active in his church and enjoys working with the youth.

Vegas Legal: What is the most memorable case you tried as an attorney before taking the bench?

Judge Wiese: There are many, but the easiest one to remember is the most recent. Shortly before taking the bench, I tried an insurance bad faith case on behalf of the Plaintiff, in Federal Court. Opposing counsels were Tom Winner and Matt Douglas. They were professional, courteous, and what I would consider “gentlemen” throughout litigation. It was always a pleasure to work with other professional litigators. I believe it may have been Judge Gloria Navarro’s first civil trial, and she did a phenomenal job. The Jury found that American Family Insurance Co. did breach its insurance contract, and awarded contractual damages, and further found that it violated NRS 686A.310, and awarded additional damages to the Plaintiff.

The damages weren’t what we were hoping for, and the jury did not award punitive damages, but it was still a success and the Plaintiff recovered substantially more than the insurance contract.

about it. He suggested that he thought I had the temperament to be a Judge, and he thought I would like it. I felt like it would be an opportunity for me to serve the people in Clark County, so I gave it a shot. I always felt that I helped people as an attorney, but it was one person at a time, and I didn’t really feel like I was making a big difference in the world. I always compared myself to my wife, who teaches 2nd grade students, and I was jealous because I believe teachers make a much more significant contribution to society, and make a much bigger difference in the world, than I was able to make as an attorney. I felt like I would be able to make a bigger difference in the world, hopefully for the better, as a District Court Judge. I ran for the District Court bench once back in 2006, and lost badly. I wasn’t planning to run again, but again Judge Williams convinced me to give it another shot. In 2010, I ran a hard campaign, spent a lot of time and money, and finally prevailed.

Hopefully as a Judge I’ll be able to make a positive difference and benefit our community.

VL: What does being a judge mean to you?

JW: To me a good Judge is one who starts on time, who has read the briefs and is prepared, who allows the lawyers to do their jobs, who listens and treats the lawyers and parties with respect, who follows the laws, who is willing to admit when he is wrong, and who is willing to work. I do the best I can to follow these guidelines as a Judge.

As a trial attorney, all I wanted was to have a Judge who would be prepared, listen to the arguments, follow the law, and allow me to do my job. I do the best that I can and I try to follow the law and always make the right decisions. Sometimes, even with the best of intentions, a Judge gets it wrong. I am humble enough to know that I sometimes get it wrong, and I have no problem admitting it when an attorney can convince me that I missed something, misread a case, or simply misapplied the law.

VL: What made you decide to run for judge?

Another aspect of being a judge involves education in the community. As a sitting Judge I have the opportunity not only to sit on the Board of the Clark County Law Library, and the Nevada Judicial Council, but I have the opportunity to go into schools and educate children about the importance of the court system, government in general, citizenship, and character development. I serve on the Advisory Board of Canyon Springs High School, I volunteer with High School Mock Trials and the “We the People” program, and I work with a wonderful program called “Project Real,” in educating the community about the legal system, and helping kids make good choices like staying in school, staying away from drugs and alcohol, etc.

JW: Ever since I was a small child I wanted to be a lawyer, but I never had aspirations to be a Judge. It wasn’t until my good friend, and now fellow Judge, Tim Williams, suggested it, that I finally thought

Being a Judge to me means doing my very best every day, to make the right decisions, and making a positive difference in the community.

Vegas Legal Magazine Fall 2015 | Pg. 25

MEET THE INCUMBENT VL: What is your favorite and least favorite thing about being a Judge?

JW: I would say that my favorite thing about being a Judge is the opportunity to educate kids about the legal system, whether it is in their school, or when the kids visit the Court on a field trip. I found that when I was a lawyer and went to schools for career days and things like that, the kids were generally bored. When I put on a black robe, and show the kids my gavel (which I never use), and I stand next to my Marshall, Kurt Taylor, (who is wearing his gun), then the kids listen and they’re interested. I use that opportunity to try to persuade them to stay out of trouble, stay out of gangs and away from drugs, make good choices generally, and set positive goals for themselves.

I also really enjoy the Judicial Settlement Conference Program, where we are able to help the lawyers and litigants resolve their cases through settlement conferences. It allows parties to have their “day in court,” where they can tell a real Judge about their case, and how they feel, and it provides a quicker and more efficient way of resolving cases, in which the parties actually get to maintain some control. They say that a good settlement is one in which all the parties leave equally unhappy, but I’ve found that usually when cases settle, most parties and attorneys leave “equally content.” If I can help the parties and attorneys resolve their cases without the need to drag jurors into the courthouse, and everyone leaves “equally content,” I feel like it’s been a pretty good day.

My “least favorite” thing is watching the lawyers in a Trial, or ruling on a motion, when the lawyers are not adequately prepared. It is not the Judge’s job to advocate for one side or the other, but it frustrates me to see poor lawyering. Even worse are the lawyers who feel like they need to be “jerks” in order to do their job. They are few and far between, but if every lawyer would act professionally and courteously, grant extensions, pick up the phone and call to work issues out instead of writing nasty letters, we would all be happier, and the legal profession in general would be looked at more positively in the community.

VL: What is the most memorable case you have presided over as a judge?

JW: One of the most memorable cases I presided over was one of the Endoscopy cases, primarily because it took so long, and involved complex legal issues. The Supreme Court granted a Stay in the middle of Trial, and the jurors were essentially in limbo for a period of months while the Supreme Court evaluated the Writ issue. Once the Supreme Court decided the writ, we got back to the Trial, but before the parties rested, and before the Jury could deliberate, the parties settled all of the endoscopy cases, and the jury was discharged.

VL: Describe a situation where you had to support a legal position that conflicted with your personal beliefs? Please tell us how you handled it.

Vegas Legal Magazine Fall 2015 | Pg. 26

JW: At this point in my career, luckily, I can’t think of an instance, either as an attorney or as a Judge, where I’ve had to support a legal position that conflicted with my personal beliefs. There are decisions that are handed down, by the Nevada Supreme Court, or the U.S. Supreme Court, with which I don’t completely agree, but as a Judge I have always followed the controlling law.

VL: Describe a court situation that tested the limits of your patience. How did you respond? In hindsight, is there anything you would have done differently?

JW: There have only been a couple of instances where the lawyers’ lack of preparation or lack of respect for the Court has tested my patience. I always try to keep my cool, and I try to remember that they are representing clients who may expect them to be aggressive and loud. I think there has been only one or two occasions where I was forced to raise my voice at someone, and I guess in hindsight, I would try to maintain my cool in all situations.

VL: What’s is your best piece of advice for litigants and/or attorneys?

JW: Be prepared, follow the rules, show respect for the Court, and be on time. Ultimately, if the litigants and parties would try to work out their issues before bringing them to the Court, the issues would be drastically narrowed, and the Court could resolve legal issues instead of having to address the simple little issues that could have been worked out on the phone.

VL: What is your passion outside of the law?

JW: Although I like golfing, I’m not very good, so I don’t golf as often as I used to. My passion is really my family. I spend as much time as possible with them. If I’m not coaching a sports team, or working with them in scouts, it’s fun to just go swimming with them, play games together, travel, etc. I love my family, and they are the most important thing to me.

VL: What do you love most about Vegas?

JW: My favorite thing about Las Vegas is the people. Whenever I travel and people learn that I am from Las Vegas, they think of “sin city,” or that people must “live on the strip.” I think we have the best people in the world here in Las Vegas. I have found that we have wonderful, caring, positive people in Las Vegas, who work hard to make this a great community. The people in Las Vegas care about their families, and do their best to train them to be positive, contributing members of society. There’s no other place I’d rather live!

OSCAR GOODMAN

The First King Of Las Vegas –By Sabrina S. Siracusa & Tyler Morgan

King. Emperor. Ambassador. When it comes to linking him with

How It All Started

this city, you can pretty much call him anything you’d like since one thing is for sure: Oscar Goodman is not only as “Vegas” as any casino on the Strip. He is Vegas. And after decades of service in Sin City he’s someone we still can’t get enough of.

Oscar Goodman grew up the son of an attorney in Philadelphia and his admiration for his father lead him to attend the University of Pennsylvania Law School. In his book, Being Oscar, Goodman tells of a turning point in his life at 12, when a day in court with his father shaped the entire rest of his professional career.

And why is that? What makes people flock to and stare at the former criminal defense attorney and mayor? Beyond the impeccable fashion (that pinstriped suit, the pink tie) and how he carries himself (usually with a martini in hand), this city owes its character, in part, to Goodman and men like him, who lived through Las Vegas’ romantic decades often called the “Gilded Age;” a time when mobsters ran this town, drinking martinis and smoking cigars to soundtracks sung by Sinatra. Goodman was there through it all, and it was during those years that he arose as our “first king” so to speak. And speak…oh, boy, he has. Of Goodman’s goodly talents, his deepest may be his rep as one of our most humorous and animated tellers of local lore. Never too shy to share, he’s fascinating, and his stories leave you wondering what else is on his tongue. It’s a well-crafted allure that has served him well, along with the rest of us.

Goodman’s father took him to court on a day he was representing a female Auschwitz survivor, whose family wanted her to undergo a lobotomy to remove the memories of the trauma she had endured.

The woman, however refused to have the procedure as she felt it was important to remember her horrors, to remind others of what she and others had experienced at the Nazi concentration camp.

Goodman’s father fought passionately for the woman. And it was then that young Goodman began to realize and understand the depths of the role of being someone’s attorney. He saw that attorneys, like his father, fight for the righteousness of clients and serve as the defenders and protectors of the constitution. At that moment , Goodman decided he wanted to be an attorney…but not just any attorney. Goodman wanted to be just like his father: passionate, eloquent and fearless.

Summarizing the life of a man like Goodman? Not easy. So we invite you to sit back and enjoy our story. And to him we say, “Cheers!

This martini is on us!”

From Philadelphia To Las Vegas: The Mob Lawyer And More Years later when Goodman was a clerk at the Philadelphia District Attorney’s office, he was given the task to debrief a couple of Las

Vegas Legal Magazine Fall 2015 | Pg. 29

The First King Of Las Vegas Vegas detectives in a burglary case. The detectives suggested he consider Las Vegas as the city for him to launch his law practice. He talked it over with his wife, Carolyn, visited Vegas for a weekend visit and the rest and the best was yet to come.

Goodman Takes On Merck

It’s no secret that Goodman has represented many mob figures–he’s considered by many as one of the best mob defense attorneys in the history of criminal law–but since they don’t teach mob law in law school, he never set out to be a mob lawyer. Instead, it all started with one case. The case of Mel Horowitz.

Allison’s 5-year-old son, after receiving the compulsory vaccination for measles, mumps and rubella, the child suffered from mental retardation, deafness, blindness and was bound to a wheelchair for life. Allison wanted to sue Merck, the makers of the MMRII drug. Goodman remembers Allison telling him that an attorney near his office said she might be able to get $5,000; but Goodman took one look at her son and knew she’d need a lot more than that to care for him.

Goodman received a phone call from Horowitz to represent his stepbrother and an alleged accomplice who were arrested for stealing a car. Horowitz was an East coast, street-schooled mastermind of crime, and he operated one of the largest illegal bookmaking businesses in the country alongside other well-known mobsters, Meyer Lanskey and “Fat Tony” Salerno. Horowitz instructed Goodman to go to a certain home, knock on the door and collect an envelope. To Goodman’s surprise, Bob Martin was there to greet him. Martin was known at the time as the biggest sports handicapper in the country. Martin handed Goodman an envelope and said, “There’s three dimes in there, Kid. You better win the case.”

Goodman had never seen so much money before: thirty $100 bills.

Goodman had no idea how he was going to defend Horowitz’s stepbrother and his accomplice. He was so nervous the morning of the trial he vomited outside the steps of the federal courthouse.

The pressure was unbearable, thinking he’d face a massacre if he lost. Goodman dressed up his clients to look like prep school kids and put them on the stand. The case came down to whether the jury would believe the story his clients told or the story of arresting the officer and the owner of the car. Goodman did his best to sway the jury in closing arguments to believe his clients’ side of the story, and he asked them to dig deep into their hearts before finding his clients guilty. To Goodman’s surprise, he won. And from that moment forward he became known in certain circles as the only lawyer to call.

During his legal career Goodman represented defendants accused of being some of the leading organized crime figures in the country: Meyer Lansky, Nicodemo Scarfo, Herbert Blitzstein, Phil Leonetti, former Stardust Casino boss Frank “Lefty” Rosenthal, and Jamiel “Jimmy” Chagra, a 1970s drug trafficker who was acquitted of ordering the murder of Federal Judge John H. Wood, Jr. He also represented reputed Chicago outfit mobster Tony “The Ant” Spilotro, who was known to have a short, violent temper. In the semi-factual 1995 movie Casino, the character of Nicky Santoro was based on Spilotro (portrayed by actor Joe Pesci). Goodman appeared in the film as himself while defending “Ace Rothstein,” a character closely based on Lefty Rosenthal (played by Robert De Niro).

Vegas Legal Magazine Fall 2015 | Pg. 30

While most people think of Goodman as a mob lawyer (and they may be partially correct), the reality is he has defended many other clients: notably, a case for Jo Ann Allison.

Goodman filed a lawsuit against Merck under product liability, arguing that Merck had not given the parent adequate warning about the dangers of the drug, only to have it thrown out when the judge granted summary judgment. Never one to back down, Goodman appealed all the way to the Nevada Supreme Court and in the end Allison won the $5,000.00 she was promised, plus a few more million dollars more – it was one of the most satisfying moments in his legal career.

Goodman still smiles when he thinks about how another attorney had given her so little hope for reasonable compensation. It was clients like Jo Ann Allison and his ability to help her that influenced his decision to run for mayor of Las Vegas, a position he would later hold for three consecutive terms.

Goodman On Politics

There eventually came a time in Goodman’s career when practicing law just didn’t leave him satisfied. He yearned for a new challenge.

Goodman had achieved everything he could do as an attorney and he didn’t want to become the kind of attorney who just chose who to represent based on the money. Near the end of 1998, Goodman began eying the position of mayor. He had more baggage than a skycap at the airport, thought his family, deeming his decision to be crazy. But, when Goodman sets his eyes on something there’s no turning back. In 1999, on the filing period’s last day, Goodman announced his candidacy. He had no idea what the position of mayor even entailed, and he hadn’t even stepped foot in city hall. But none of those concerns bothered him. He loved this city and he was determined to win.

Campaigning was tough and with his mob attorney stigma he was listed as a 17-to-1 underdog. Everyone questioned his political know-how, but Goodman didn’t mind and instead embraced transparency. He spoke openly in a debate about how he had never been to city hall; about drinking too much; and he even went as far as to

label himself a degenerative gambler. The result? Everyone loved him, and he went on to win the election in a landslide. Goodman served 12 years, loving every minute of it.

Rarely does a politician leave office without stepping on some toes.

Goodman is no exception. His opinion on legalizing prostitution has both made headlines and brought criticism. While in office, he advocated legalizing prostitution and allowing brothels to open Downtown. While some people may consider his opinions extravagant, outrageous or immoral, in his mind they are practical and make sense on many levels. He has even advocated corporal punishment and cutting off the thumbs of graffiti taggers who deface our city.

Regardless of his personal desires, Goodman loved to listen to the people. He set up “Coffee With The Mayor” sessions one morning each month where he would invite locals to address concerns or ideas. Eventually, the meetings became so popular he created “Martinis With The Mayor” so he could speak with locals after work.

Goodman And The President Very few men would challenge the authority of the president of the United States. But when Goodman heard that President Obama was discouraging travelers from visiting Vegas, he was outraged and immediately contacted the White House. Goodman said that he would not greet the president at the airport next time he was in Vegas unless an apology was made. The president’s staff reassured him that the president would put in a good word for Vegas next time he was in town. In good faith, Goodman greeted Obama on his next visit, but only a weak reference was made encouraging visitors to Vegas. Later on, Obama again discouraged visitors from visiting Vegas. The next time Obama was in town, Goodman did not greet him at the airport. In fact, Goodman went on say Obama was no longer welcome in Las Vegas. It takes a tough man to stand behind what he believes in, especially in opposition to the president.

Despite controversies, Goodman was one of the most popular mayors in Las Vegas. He was honored with his image being placed on $5 and $25 casino chips issued by the Four Queens Hotel and Casino in Downtown Las Vegas. And he has advice for anyone interested in following in his footsteps: “Have enough money to avoid temptation, be independent, and don’t worry too much about what everyone thinks.”

Oscar The Family Man And Friend

They say a man is only as good as the woman behind him, but in Goodman’s case the woman is beside him.

OSCAR GOODMAN Vegas Legal Magazine Fall 2015 | Pg. 23

OSCAR GOODMAN “I loved being the mayor, but love sleeping with the mayor even more.”

—Oscar Goodman Having said more than once, “I loved being the mayor, but love sleeping with the mayor even more,” Goodman is now married to the current mayor, Carolyn G. Goodman, his wife of more than 40 years. Goodman credits his wife for his success both personally and professionally. The current Mayor Goodman founded The Meadows School, a prep school serving grades pre-K through grade 12.

She is Oscar’s rock.

Although Goodman admits that the meeting with his future bride was not love at first sight (on her part), their coupling was truly meant to be. From starting a highly successful legal career, to adopting their four children, to holding office, the Goodmans have created a happy marriage, as well a partnership, of sorts, in their careers. Both have supported the other’s endeavors, from Oscar’s starting his own law practice and Carolyn’s opening The Meadows School, to both being mayors of the same city.

Clinic and was designed by equally renowned architect Frank Gehry of Gehry Partners in Santa Monica, Calif.

Another contribution to Vegas’ landscape that is “Goodman Approved” is the Smith Center for Performing Arts, the only place in the city to find ballet, jazz, symphonic, theatrical performances, and more, on one stage. The center is vital to the support and growth of the arts industry in the Las Vegas community.

Finally, it should surprise no reader, anywhere, that the Mob Museum be among Goodman’s favorites. Although it was first received with concern from the local Italian-American community, which feared being vilified by the museum, it has become of one the more important developments in the revitalization of Downtown Las Vegas.

Maintaining a balance in his professional and personal life has worked well for Goodman and his family. He proudly boasts of his four children, all successful professionals, when he tells the story that all of his kids went away to school, vowed not to live in Vegas, yet all returned. And like any proud grandfather, Goodman couldn’t be more thrilled by his grandchildren.

While the Goodmans love Las Vegas, they occasionally like to spend time away from the Strip at local restaurants, stores and venues to enjoy quiet times. And of course, they enjoy their own restaurant, Oscar’s Beef, Booze and Broads, which they visit often to greet locals and visitors.

Goodman considers many of his past clients his friends, always representing each client with equal determination. “Any case is the most important case to a client,” he says.

Goodman’s Las Vegas

When asked about some of Las Vegas’ most important happenings in the last 20 years, the Lou Ruvo Center for Brain Health (LRCBH) topped Goodman’s list. The LRCBH, officially the Cleveland Clinic Lou Ruvo Center for Brain Health, opened on May 21, 2010.

A bit of an architectural spectacle, locals know it to be a building that is hard to miss; but what goes on inside at one of the country’s most recognized diagnosis and ongoing treatment centers is what is most important. It is operated by the world-renowned Cleveland Vegas Legal Magazine Fall 2015 | Pg. 32

Goodman, The Icon

Source: Ethan Miller/Getty Images North America

Today, you can find Goodman greeting visitors with his showgirls as the chairman of the Las Vegas Convention and Visitors Authority, or sharing stories with diners at Oscar’s Beef, Booze and Broads.

Both roles embody what Vegas is all about—a good time surrounded by beautiful, fascinating people that you will only find in Sin City.

If you are lucky enough to meet him, you will never forget him. He has lived a life most people can only dream of. And for a man who likes to gamble, Goodman’s winning streak seems near-everlasting.

As he puts it: “You only live once, and if you do it right, you only need once!”

Long live the king of Las Vegas.

Reference: Goodman, Oscar. Being Oscar: From Mob Lawyer To Mayor Of Las Vegas, Weinstein Books, 2013. Print.

All clients can be better served when their case is better under-

stood…but with personal injury issues, it is not always easy to wrap the mind around medical jargon or procedure descriptions. What follows is an introduction to spinal disc anatomy and pathology, with some generalizations for basic understanding.

Areas Of The Spine

Each spinal disc is located between two vertebral bones. The name of a disc is determined by its region in the spine (cervical, thoracic, lumbar, and sacral) and its location between two specifically numbered vertebral bones. For example, the disc in the cervical spine between the 5th and 6th cervical vertebrae is named the “C56 intervertebral disc,” and the lumbar disc between the 4th and 5th vertebrae is considered “L4-5 intervertebral disc.”

Medical Professional’s Tip: When describing a spinal location, often, the term intervertebral (“between the vertebrae”) is omitted (i.e., the L4-5 disc).

Helpful Vocabulary

Each intervertebral disc comprises two substances: the inner nucleus has a jelly-like material, and the surrounding outer annular fibers form a ring-like structure that surrounds the jelly-like nucleus and keeps it inside the disc space. When the “jelly” pushes the “ring” outwards, the deformity of the disc is described as a bulge, protrusion, herniation, or extrusion. The spinal cord and spine nerve roots occupy distinct spaces behind the discs. These areas are termed “posterior central” (canal), “posterolateral” (lateral recess) and “far posterolateral” (neuroforaminal). Discs that encroach these areas might cause symptoms.

Medical Professional’s Tip: The word “posterior” refers to something being “behind” something else.

Vegas Legal Magazine Fall 2015 | Pg. 34

Types of Common Injuries

A “disc bulge” is characteristically wider and more circumferential than a disc protrusion. A disc protrusion (synonymous with herniation) is usually localized to a specific portion of the disc (e.g., posterolateral). A “disc extrusion” occurs when disc material has separated from the disc by escaping through the last fiber of the annulus and is located in the spinal canal with the potential to migrate within the canal (i.e., it is a loose disc fragment). There is a great bit of confusion about the definitions of these terms as a universally accepted classification system has not been completely integrated by all healthcare providers.

Medical Professional’s Tip: Within the Las Vegas community, some medical providers might refer to a disc abnormality as a bulge whereas another medical provider might refer to it as a protrusion.

Patient Tips for a Better Spinal Evaluation

When doctors see symptomatic patients, they must determine if one (or more) of the disc abnormalities is responsible for the symptoms. There are usually multiple disc abnormalities on an MRI, some of which are asymptomatic findings and some of which are symptomatic conditions. It is important that a medical provider is able to formulate opinions based on their interpretation of the MRI, the patient’s historical information and the physical findings to determine which radiographic abnormalities are responsible for the patient’s condition.

Patients seeking treatment should consider being prepared to address these issues with their medical provider: • Any disc abnormality can cause symptoms. Rather than focusing on whether it was called a bulge or a protrusion, ask your medical provider to determine if the disc problem is consistent with the clinical presentation.

• There are often asymptomatic imaging findings and symptomatic conditions on the same radiographic study. Ask your medical provider to distinguish them.

SUMMER LAUNCH PARTY

JUNE 5TH 2015

CHATEAU NIGHTCLUB & GARDENS PARIS HOTEL & CASINO LAS VEGAS

BUSINESS CITY REPORT

“All I ask is the chance to prove that money can’t make me happy” – Spike Milligan RESORTS WORLD LAS VEGAS • PG.41 REMEMBERING KIRK KERKORIAN • PG.43 MONEY MATTERS: FINANCIAL FREEDOM • PG.44 THE INSIDE TIP WITH MIKE TIPPINS • PG.46 LAND ROVER - ENVIRONMENTALLY SOUND • PG.49

Vegas Legal Magazine Fall 2015 | Pg. 39

The Wait Is Over:

‘Resorts World’ Edges Toward Its Las Vegas Strip Opening – By Maurice Draine

U

nless you have been living under a rock with the Geico Insurance commercials’ cavemen of yore, you’ve probably heard some serious development buzz around Las Vegas. You might even be hearing it as you read. That’s because Sin City is taking its first shot in almost 10 years at reviving the northern tip of the Las Vegas Strip with a new hotel and casino attraction called the Resorts World Las Vegas (RWLV).

If you’ve wondered whether to believe the hype, all signs point toward yes…but keep in mind that a “yes” isn’t always a given in this city. In Las Vegas’ illustrious history, it has created a far-reaching reputation for staying cutting edge by trying to build “the next big thing.” But when a city does this constantly, it can mean building many multi- or billilion-dollar resorts or development areas and hitting a home run with just one of them. Sometimes it works (City Center; Container Park); sometimes it doesn’t (Stardust Resort and Casino). The latter saw its doors forced closed in 2006 and its destruction just one year later in favor of another multi-million dollar failed project, Echelon Place. There are more stories like this (if you dig deep or have a great memory), but in a state that made almost $11 billion in 2014—with Las Vegas accounting for $6 billion— not much sleep seems to get lost over failed projects before the city buzzes again. And with all the features and amenities RWLV is boasting, once completed, this state-of-the-art hotel and casino should live up to its pre-development billing.

WHAT AND WHY RWLV IS IMPORTANT

RWLV will be an Asian-themed resort with some of the most extravagant amenities this city has ever seen, such as a 50,000 squarefoot aquarium and a water park. With the sheer size of this luxurious, super-sized hotel and casino, the construction will be done in stages, starting in 2015 and wrapping up in 2018. Although completion is still a way away, this project will soon begin generating a plethora of jobs. It is estimated that to build RWLV, Genting Group (which owns the project), will need 30,000 workers in the first year.

By completion, an estimated 12,000 permanent jobs will be created. Lt. Gov. Mark Hutchinson, who also heads our state’s Tourism Commission, predicts RWLV to be “a jewel in the desert.” With anticipated tax revenue estimated at $150 million per year, you can understand the excitement.

RENDERING OF RESORTS WORLD LAS VEGAS POSSIBILITIES

RWLV AMENITIES

When you say you’re creating the largest and best hotel and casino in the United States, congratulations…you’ve gotten everyone’s attention. Here is a pre-development list of what guests may expect: • 3,500 slot machines and table games • 3,000 hotel rooms • 175,000 square-foot casino • Panda Bear Exhibit • Indoor Waterpark • Massive Garden House • Aquarium • Movie Theater • Bowling Alley • Restaurants Only time will tell whether RWLV becomes the hit that everyone is expecting; however, one thing is for sure: With a potential four-tower structure featuring Chinese architecture, combined with entertainment good enough to wet any visitor’s palate, RWLV has the makings to fulfill its promise and truly become Las Vegas’s next big thing.

Vegas Legal Magazine Fall 2015 | Pg. 41

PERSONAL SEDAN SERVICE WEST COAST YOUR LIMOUSINE SERVICE

FOR THAT PERSONAL TOUCH CALL 702.248.7706

REMEMBERING

KIRK KERKORIAN -By Chelsea Abate

O

n June 15, 2015, Las Vegas lost a beloved business mogul who did so much for the city’s development, he earned the name “Father of the Mega-Resort.” Kirk Kerkorian wasn’t what you’d expect from a pop culture-typical billionaire. He wasn’t flashy. He never yearned for the spotlight. Instead, the businessman who launched MGM Resorts—considered “brilliant” for his professional acumen—Kerkorian remained a quiet pioneer and a tremendous philanthropist who regularly donated millions to charities without care for recognition. And he will be forever remembered as the type of man who gave his all to his every goal.

From the time he was young, Kerkorian had a taste for adventure and self-sufficiency. After leaving reform school in the eighth grade, Kerkorian tried his hand at boxing. He quickly excelled and earned the nickname “Rifle Right Kerkorian” for his impressive punch. But boxing wasn’t his passion. At the height of his boxing career, Kerkorian was invited by a friend to go flying, and soon after it was apparent that he’d found a new interest. Kerkorian soon began saving money to pay for flying lessons and went on to become a commercial pilot flying under the RAF Ferry Command, a covert, experimental World War II operation that delivered American warplanes from Canada to Britain to fight against the Nazis.

His Heart For Las Vegas

Soon after the war ended Kerkorian used his skills and savings to buy a Cessna and work as a small-time pilot. He soon made his first trip to Las Vegas and it was love at first sight. By 1947, he purchased Trans International Airlines and used this small charter service to bring the wealthy and famous from Los Angeles to Las Vegas to help develop the growing casino industry. But not one to settle, Kerkorian had the blood of a true pioneer and wanted more than a charter service.

In 1962, Kerkorian started purchasing properties around the valley with the money he earned from his airline charter service. By 1968, Kerkorian was able to sell Trans International for a hefty $104 million and from that point on, his projects got bigger and better, such as opening the International Hotel (today’s Westgate Hotel). When it opened in 1969, it broke records for being the largest hotel in the world, with headliners Elvis Presley and Barbra Streisand performing there.

Kerkorian continued to set records by opening two more hotels in the Las Vegas valley: the MGM Grand Hotel, which eventually

PHOTO BY CHRIS WEEKS/FILMMAGIC

became Bally’s, and the MGM Grand we see today. When opened, each hotel set records, respectively, for being the world’s largest hotel.

More Than Developer Extraordinaire

While using his innovative skills to advance in the hospitality market, Kerkorian was also known for his other interests, including an on-and-off relationship with the auto industry. Deals included the sale of ownership in numerous car companies such as GM, Chrysler, and Ford Motor Company. But he also had a deep desire to help others. A man of Armenian heritage, Kerkorian applied his passion for philanthropy to the country of Armenia and in 1989, used his earnings to start the Lincy Foundation. Its purpose was to help rebuild communities devastated by the 1988 earthquake, and it raised more than $1 billion.

Kerkorian remained very private in his personal life and has been described by many as “humble” and “genuine.” He enjoyed playing tennis and had an attraction to fashion-favoring Italian designer Brioni who designed many custom pieces for him.

Kerkorian’s passion to excel in life drove him to not only set the standard for what the American dream can be, but the expanse of his philanthropy made him a role model for anyone able to follow in his footsteps. A bllion-dollar business mogul with a heart like no other, he will be greatly missed by those who knew him well, by those whose lives he touched, and for his many contributions to developing the Las Vegas Strip we know and love today.

Kerkorian is survived by his two daughters Tracy and Linda.

Vegas Legal Magazine Fall 2015 | Pg. 43

I

f you are like many Americans, the current economic environment continues to make it difficult for your family to make ends meet. Many of us have re-adjusted our spending habits to a “new normal”: For example, we may no longer shop as much (or where) we used to; we may settle for a “staycation” rather than a true getaway; and items that were previously considered necessities have been relegated to the “can’t afford” or “not needed” categories.

Many economic analysts feel that these new attitudes are here to stay. To that end, here are some tips to help you evaluate your overall economic picture along with some actionable steps designed to help improve your long-term financial security and improve your economic future.

Tip #1: Determine what is really important Is having the newest electronic game system or cell phone more important than creating a secure financial future? Make time to take stock in what is really important to you and your family, starting by developing your family’s mission statement.

This is easier than it sounds: Simply write out what is important to you as a group, including your long-term and short-term goals and what you are willing to give up to make these goals a reality. Don’t forget that along the way, you may still choose to include in your budget some saving for little luxuries your entire family can enjoy (like a get-away). Goal-oriented rewards can help you feel less deprived and even save you money by keeping you from spending on instant-gratification, unplanned outings, which can often rack up bills.

Tip #2: Cut back, even if it hurts (a little) Look carefully at how you and your family members spend money to identify where you can make small cut-backs on non-essential expenditures (and don’t overlook the bigger-ticket items you pay for every month, such as your cable TV/internet subscriptions and car insurance). Minor adjustments to these items can free up more dollars than you might imagine and may play a significant role in helping you fund your family’s long-term financial goals.

Tip #3: Become a dedicated saver If you are like many families, trying to juggle financial priorities can make saving extremely difficult.

Vegas Legal Magazine Fall 2015 | Pg. 44

Successful savers use the concept of paying themselves first whenever they receive a paycheck. Over time, adopting that one smart move can help you reach your financial goal of saving for a car, a vacation or whatever is a priority for your family. To help make it easier, check with your employer to see if you can have part of your pay automatically deposited into one or more savings accounts. It can make saving automatic and nearly painless.

Tip #4: Run your numbers Are you on track with your current disability coverage, life insurance and retirement savings plan(s)? In other words, will these important items provide you and your family with the amount of financial protection you’ll need, when you need it? Don’t wait until it’s too late. Take the time now to assess their adequacy and make the appropriate adjustments.

Tip #5: Get the help you need When it comes to Tips 1-4, you may feel you need some assistance.

Whether you need help in just one area or all four, contact a financial professional to discuss ways they can help you put these tips into action and your financial dreams on track.

Taking the right steps today can help to ensure a better financial future for both you and your loved ones.

Kyle Lum is a financial representative with MassMutual Nevada, a MassMutual Agency; courtesy of Massachusetts Mutual Life Insurance Company (MassMutual)

THE INSIDE TIP With John Tippins P

roperty values across Las Vegas have been increasing as the foreclosure market shrinks and the post-crash paranoia lessens. But, for many looking for investment opportunities, real estate is still a new investment market and entering it can a bit confusing. So with that said, here are my tips to real estate investments.

Location, Location, Location: Don’t be close-minded and only search areas you are familiar with. Remember, if pure investment is your goal then you want a property that is attractive in the rental market–because in the end it is someone else, with different preferences, who will ultimately call it a home.

Network With Other Investors: Look for real estate clubs and societies to join where you can get the input of other investors in the area. There are many experienced real estate investors who can offer great advise on which properties are hot.

Team Up With A Great Realtor: Realtors–the good ones at least– spend their lives studying the market and eyeing properties for potential buyers. Find a realtor who understands important financial concepts like return on investment (ROI) and net operating income (NOI). A great realtor will guide you toward a property that fits your goals rather than his/her wallet.

Credit Is King: Unless you’re Mr. Moneybags, with cash to throw down, you better check your credit report and make sure you are in the clear of any bad debts. You may think a property is affordable, but it only matters if your lender agrees. Meet with a lender before looking to invest and have them review your finances with you.

There is nothing more discerning than to find the property you want only to have the lenders say “no.”

John Tippins is the CEO of Northcap, owner, operator and listing brokerage for over 2,000 distinct high rise and mid rise units in Las Vegas including The Ogden, Juhl, Palms Place Condo Hotel & Spa.

Vegas Legal Magazine Fall 2015 | Pg. 46

THE FUTURE:

IT STARTS TODAY, NOT TOMORROW. 85% of this Range rover can be recycled. As part of the comprehensive effort to minimize the car’s ecological impact, the Range Rover Evoque focuses on the use of more sustainable materials. Each vehicle uses 35 lbs of recycled plastic material. Parts with recycled content include: headliner, center console, wheel arch liners, air cleaner, cooling fan and shroud, air ducting, parcel shelf, engine cover & subwoofer box. The Range Rover Evoque is also built to optimize recyclability at the end of its life cycle. To experience one for yourself, visit Land Rover Las Vegas for a test drive today.

Land Rover Las Vegas

5255 West Sahara Avenue, Las Vegas, NV 89146 702.579.0400 www.LRLV.com

ENVIRONMENTALLY

SOUND Land Rover Goes Eco-Friendly -By Rick Nelson

T

oday, the green in Land Rover’s oval isn’t just a pretty color but represents Land Rover’s heading toward environmental consciousness. In the last 20 years, the company’s average miles-per-gallon across the product line has increased 69 percent. And not only are Land Rover drivers going farther than ever in their vehicles, but they are getting there cleaner, as well. From using recycled, ultra- lightweight, aircraft-quality strength in some models to save weight, to using more sustainable materials like natural rubber and recycled plastics in the manufacturing process, models like the Range Rover Evoque are more than 85 percent re-usable.

Being green isn’t only about the vehicles, but about how (and where) they are manufactured. Land Rover factories in England have a goal of reducing their carbon footprints by 30 percent compared to 2007 levels and are already on their way: There has already

been a 23 percent reduction in the energy needed to produce one vehicle thanks to installing solar panels on the rooftops, using wind power, and finding ways to naturally cool of one of its data centers.

Today, 100 percent of all of Land Rover’s manufacturing emissions is set by other sustainable projects.

Locally, Land Rover Las Vegas is doing its part, too, making choices like using LED lighting outside and high-efficiency lighting and ventilation inside. To save water—a precious resource here in the desert and especially now, with Lake Mead at historically low levels—the dealership cleans customer vehicles at an off-site car wash that uses recycled water. It’s one more way in which Land Rover Las Vegas feels that from global to local, Land Rover is still figuratively (and literally) paving the way…only now, the path seems a lot more grassy.

Vegas Legal Magazine Fall 2015 | Pg. 49

LIFESTYLE Shopping, Personalities, Dining & More

WEAPONS

OF CHOICE Our Favorite Items & Gadgets For Fall

Photography By Tim Hancock

Christian Louboutin Nicobar Caged Sandals

Chanel So Black Chevron Mini Classic Flap Bag

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4

2 3

6 1. Dior So Real Brow Bar Sunglasses 2. Rêve Van Cleef & Arpels 3. Chanel Signature Pearl Stud Earrings

Vegas Legal Magazine Fall 2015 | Pg. 52

5

7 4. YSL La Laque Couture’ Nail Lacquer 5. Alexander McQueen Jeweled Skull Ring 6. Tom Ford Skin Illuminating Powder Duo-Moodlight 7. Tom Ford Lip Color

MEN’S FALL MUST HAVE ACCESSORIES

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1

4 3 3

4

5 6

6 Closet Investigation 1. Hermès Woven Tie 2. Alexander McQueen Pocket Square 3. Tom Ford Noir Extreme 4. Salvatore Ferragamo Revival Money Clip 5. Hugo Boss Cufflinks 6. Alexander McQueen Knotted Skull Cufflinks

Photography By Tim Hancock

Vegas Legal Magazine Fall 2015 | Pg. 53

BOUTIQUE

ALEXIS BITTAR

– Maryam Rastkerdar

J

ewelry designer Alexis Bittar debuts a new boutique at the Forum shops and a new reason to shop.

Alexis Bittar has been described as “one of the greatest jewelry designers of the 21st century.” One piece and you’re dazzled.

With an entire array of necklaces, bracelets, earrings and rings in 18-karat gold, sterling silver, diamonds, and a swarm of semiprecious stones that will make your heart skip a beat. His collection will add the perfect accent for any occasion. Semiprecious stones, aquamarine, topaz, and quartz are served up in interesting ways: fine gems paired with edgier oxidized metals, sterling with diamonds, and so on that may be worn in multiple ways, layered or separately.

The jewelry designer who’s been called “the king of Lucite” started his career from the streets of New York and moved onto selling his jewelry collection in more than 34 countries around the world. His creations have graced the covers of nearly every major fashion magazine, including Vogue and Harper’s Bazaar; showcasing his distinctive pieces that celebrate individuality.

The jewelry designer who carved his reputation with wearable sculptures in Lucite has an endless list of celebrities that love his pieces. He has collaborated with an array of brands such as Burberry, and 3.1 Philip Lim to name a few and gone on to create custom statement pieces for the Sex and the City and the Hunger game’s movies.

The collection of Alexis Bittar will be a welcoming addition to any fashion-forward woman’s wardrobe. The Alexis Bittar boutique located on the second floor at the Forum Shops offers a classic yet artistic environment reminiscent of Bittar’s love for the film Noir era combined with a modern aesthetic. Shoppers can enjoy an array of rare fine jewelry selection to antique selection pieces. If you haven’t visited the new store at the Forum shops his new collections might be just the excuse you needed.

Vegas Legal Magazine Fall 2015 | Pg. 54

Wildly Elegant

1. Liquid Stacked Lucite Hinge Bracelet | $245.00

2. Gold Circle Lucite Necklace | $100.00

3. Poodle Necklace | $295.00

Vegas Legal Magazine Fall 2015 | Pg. 55

BAR REVIEW

Wander To

Wayfarer –By Rico DeLargo

L

as Vegas offers a wide variety of entertainment options when it comes to venturing out on the town. Locals and regular tourists have their go-to restaurants for clients and meetings, clubs for impressing out-of-town friends, and the handful of rooms with great ambience for impression-worthy dates. But when you genuinely want a fine cocktail with friends in a sexy, tucked-away spot… where do you go?

A few steps inside Inspire, located Downtown at the corner of Las Vegas Boulevard and Fremont Street, is the Wayfarer. Offering classic cocktails–the old fashioned is a must try–in an elegant, dimly lit space, everyone should take advantage of the vibe of nostalgia that floats through the air. Because whatever occasion brings you there, Wayfarer’s vibe is perpetually set to classic cool.

Vegas Legal Magazine Fall 2015 | Pg. 56

Editor’s Choice An “Old Fashioned” was originally used to describe a potent concoction of spirits, bitters, water and sugar. The first use of the name “Old Fashioned” for a bourbon whiskey cocktail was said to have been at the Pendennis Club, a gentlemen’s club founded in 1881 in Louisville, Kentucky.

–The Wayfarer.

OLD FASHIONED Bourbon Angostura Bitters Sugar Cherries Orange

TEN WAYS TO STIFLE STRESS – Maryam Rastkerdar mind may be working overtime, your body will eventually burn out. Many people worry that if they slow down, they will lose everything they are working for, when in actuality the opposite is true. Carve out 10 minutes daily to do something that is not work related. It can be as simple as taking a quick walk around the block, making a cup of tea or just closing your office door and taking a few deep breaths.

2) Prioritize your family.

Family members should always be placed at the top of your list of priorities. While your busy schedule may not allow you to attend your child’s every play or sporting event, you can probably find a half hour for a quick dinner or spend a few minutes together before bedtime. It’s not about spending endless hours with family, but making the effort to be present, even if only for short periods. Jobs may come and go, but your family will always need you (and, vice versa).

F

or busy professionals, stress is an inevitable part of life. It’s what drives you to perform…but constant, worrisome stress can break even the strongest. (Just think about the classic rubber band example, where repeated stretching eventually makes it snap. Get the picture?)

Stress that continues without relief is a condition called “distress”—a negative stress reaction. Countless research studies show that ongoing stress can lead to a long list of physical symptoms: tension headaches, digestive problems, elevated blood pressure, panic attacks, chest pain and sleep disorders, to name a few. Stress can also aggravate certain symptoms or diseases. It can also turn a person toward alcohol, tobacco, or drugs to relieve stress…all of which can provide a temporary relief but will keep the body in a stressed state and cause more problems.

3) Socialize.

Even if you don’t have the time to attend every get-together or have daily face-to-face interactions, you can pick up the phone and speak with a friend or family member for a few minutes. Avoid long conversations about work. Talk about other things going on in your life, current events, etc. The goal is to connect with another person and to get away from the usual business conversations you have with colleagues. Start a timer for 10-15 minutes if you are worried you may get stuck on the phone for too long.

If you already recognize some of stress’s symptoms happening to you, the good news is you can avoid that cycle by doing a few easy things on a daily basis. You may have read a few of these tactics in the past, but sometimes we all need a gentle reminder. Below are 10 things you can do to avoid burnout and lead yourself toward a happier and more productive life:

4) Exercise.

Many busy executives avoid this because they don’t want to deal with going to a gym and the effort it takes to work out. Understandable. But with few exceptions, there is no reason you cannot exercise several times a week. There are many short exercises and stretches for relieving tension. Try walking or biking to work if you can, or just before bed, do a few repetitions of dumbbell or non-weighted exercises. Exercise is also the perfect opportunity to clear your mind and come up with new ideas. Many people find that if you break a good sweat in the morning before work, not only will you feel better about yourself, but you’ll also have better focus throughout the day.

1) Recharge. Busy professionals live in a highly competitive world.

It’s all about chasing goals and fighting deadlines, but while your

5) Do something you like to do.

Seems simple…because it really is. Busy people will often say, “I

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can’t remember the last time I read a book for fun or listened to music.” But really, everyone has 10 minutes to read a small section of a novel or listen to a few songs they enjoy.

6) Plan a vacation.

Take actual small steps toward the vacations of your dreams. Look through brochures, narrow down a few choices and set a date. Having a fun goal can help motivate you through those long workdays.

And of course, make sure you go on that vacation. A happy professional is almost always a more productive professional.

7) Don’t obsess over chores.

Staying organized is important, but obsessing over it can eat up valuable time. Set up a small window for chores and errands, but then move on to important tasks you need to concentrate on.

8) Disconnect from technology.

This is probably one of the toughest things for busy, goal-driven people to do, but even the most successful people avoid e-mail for a brief time. So shut off your smartphone, computer or tablet and take care of something else for a little while. This small, temporary change can relieve your eyes and help your brain recharge.

9) Find your passion.

Having an interest outside of your chosen profession will help you become a well-rounded individual and can enrich your spirit whether it’s gardening, live theatre, crafts, card games, sports, opera, cooking, or cultural activities. Many people like to choose activities that are very different than what they do for work every day.

Planning these activities on weekends can be especially important for those who practically live in their office.

10) Plan.

Planning helps combat stress because it puts you in control of your goals and your days. It helps you and the people who work for you to have a clear direction so everyone is working together toward the same goal. Start planning before the week starts so you are ready to go on Monday morning.

At the end of the day, these tasks should not be seen as just “more things to do.” Instead, they help create balance and give you something to look forward to. That’s how the most successful people get to succeed…not only in their career, but also in life.

TA I L O R - M A D E M E N ’ S H A I R C U T S , MAKING CLIENTS FOR LIFE.

WHEN IN VEGAS…

DO AS THE ITALIANS DO! LOCAL LOCAL ITALIAN-AMERICAN ITALIAN-AMERICAN CLUB CLUB IS IS FULL FULL OF OF FOOD, FOOD, FUN FUN AND AND HISTORY. HISTORY. –– By

By Chealsea Chealsea Abate Abate

When looking for an authentic Italian experience with food that

fort found at the club, which can’t be achieved at the other Italian restaurants in the valley.The staff at the Italian-American Club is warm and inviting, helping to welcome any new faces and familiarize them with club members. Being Italian is a requisite to becoming a member, and for those who are, the feeling of familiarity with everyone there is reminiscent of Italian family reunions each time you visit.

To say this place has history is an understatement. Founded in 1961, the Italian-American Club has housed members and regular performers such as Frank Sinatra and Vic Damone. Joe DiMaggio and Jerry Lewis were regulars, and in fact, Frank Sinatra would occasionally step onstage with fellow friend and member Dean Martin to perform for members and guests. Today, you’re likely to find Las Vegas’ very own former mayor Oscar Goodman, who enjoys the food and live entertainment. While the rest of the world dives into modern culture, the club continues to provide its vintage Vegas flare with classic accents from the food to the décor. Low-lit candles outline rose glassware and photos of some of Vegas’ finest entertainers line the walls.

The food is authentic and has all the flavors you’d recognize from your Nonna’s homemade Bolognese. From the explosion of basil to the texture of the pasta, Chef Jimmy Gerard does not disappoint.

Gerard puts life into the food by giving you exactly the dining experience you’d expect from a place with Roman statues greeting you as you enter.

smells like nonna’s famous Sunday gravy, try the Italian-American Club. This private social club not only offers a full restaurant with a variety of classic Italian dishes, but it also has the allure you’d expect from a place where for the last 50 years, countless local Italians have spent nights drinking, eating and partying.

From superstars to the valley’s hardworking Italians, the club welcomes everyone. Edward Bevilacqua, director of education for the club, was on the search for a place where he could fit in and make friends when he moved to the area in 2011. Joining the Italian-American Club not only gave him the opportunity to get involved with the Italian community, it gave him life-long friends.

Bevilacqua describes walking into the club on any given night as “entering a vintage Italian Vegas with a friendly environment,” where you can enjoy catching up with friends and family over a classy, yet not stuffy, candlelit dinner. There’s an underlying comVegas Legal Magazine Fall 2015 | Pg. 60

Gerard has not only exceeded the expectations of club members, but he has contributed to the club’s title as the No. 1 Best Italian Restaurant in Las Vegas by the Review Journal.

Bevilacqua smiles as he recounts the joy he feels in watching the club grow and be recognized over the years. He can’t make it clear enough: “If you’re looking for privacy, class, and a wonderful experience that will have you coming back for more, you need to join the Italian-American Club.”

The club promotes friendship as well as unity within the Italian culture, and also provides great opportunities to network and do business. From golf tournaments and boccé club to monthly socializing dinners, there is no shortage of social events. In our book, that’s truly amoré.

10 Superfoods

For A Healthier, Younger You -By Maryam Rastkerdar

E

ating well not only does wonders for the waistline and strengthens the immune system but will also provide other health benefits: There is a direct correlation between our diet, our daily appearance and the aging process.A balanced diet that is enhanced by the foods listed below not only promotes the anti-wrinkle process but also contributes to an overall healthier well being.

1) Coffee Starting the day with a cup of coffee not only jumpstarts your energy, but it also protects the skin from developing melanoma through its bioactive compounds. According to a study in the Journal of the National Cancer Institute, researchers found that people drinking four cups of coffee daily were at lower risk of developing malignant melanoma than non-coffee drinkers.

2) Watermelon This favorite summertime fruit is loaded with the antioxidant lycopene. Not only does lycopene give watermelon its red color, but it also protects the skin against ultraviolet (UV) damage. It is believed that watermelon has sun protection factor (SPF) properties, so consume it to boost your body’s daily dose of sunscreen.

3) Cantaloupe This delicious melon is packed with an abundance of antioxidants including choline, zeaxanthin and beta-carotene, all of which protect against a range of diseases from the common cold to cataracts.

Beta-carotene, when converted to vitamin A or retinol, is essential for healthy vision and healthy skin, as well as strengthening the mucous membrane and immune system.

4) Pomegranate This super fruit is bursting with antioxidants such as vitamin C, anthocyanin and ellagic acid. By neutralizing free radicals in our body, vitamin C is believed to prevent dryness and wrinkles. Anthocyanin makes skin appear firmer by increasing the production of collagen, and ellagic acid is believed to reduce inflammation caused by environmental factors such as UV damage.

5) Blueberries The properties of these super berries are endless. Blueberries are packed with antioxidants such as vitamins C and E that are key factors in strengthening the immunity, boosting the radiance of healthier skin and protecting our vision. Blueberries also supply arbutin, which is a hydroquinone derivative that prevents the formation of melanin, and thereby works as a skin-lightening agent.

6) Avocado While most fruits have a high carbohydrate content, avocados are high in oleic acid, an omega-9 fatty acid that helps skin retain moisture and keeps it soft and plump. Additionally, avocados are extremely nutritious and contain a wide variety of minerals and vitamins: One single avocado is abundant in vitamins B5, B6, C, E, K, as well as folate and potassium. Studies have shown that consumption of avocado increases antioxidant absorption.

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Eat Healthy Essential nutrients, minerals, antioxidants and fatty acids are building blocks for the protection our body needs to fight daily environmental stress.

7) Kale This leafy green has a long list of nutrients such as vitamins A, C, K, and minerals such as iron, manganese, copper, potassium, and phosphorous. Vitamin K promotes blood clotting and its high iron content is essential in forming red blood cells. Insufficient iron levels can lead to anemia, which in turn causes fatigue, and impaired cognitive and immune function. Many powerful antioxidants are also found in kale such as quercetin and kaemferol, both of which have cardio-protective, blood pressure-lowering and anti-inflammatory effects.

8) Eggs Eggs are incredibly nutritious and are an excellent source of protein. A single large egg contains vitamins A, B2, B5, B12 and minerals such as folate, phosphorous, selenium and choline, to name a few. Choline facilitates in building the cell membrane. Eggs are also high in antioxidants such as lutein and zeaxanthein, which are important for eye health and in preventing cataracts and macular degeneration.

Vegas Legal Magazine Fall 2015 | Pg. 64

9) Walnuts Nuts are the perfect source of protein, omega-3 fatty acids, fiber, plant sterols, antioxidants, vitamins, and minerals. Walnuts, in particular, are extremely high in antioxidants, vitamin E, copper, manganese, molybdenum, and biotin‌nutrients that boost overall health and contribute to lustrous hair and maintenance of one’s natural hair color (deficiency in copper has been linked to premature gray hair). Research has shown that walnuts are also beneficial for cardiovascular health, diabetes, weight-control, and brain health, in addition to their cancer-fighting properties. Eating just one ounce of walnuts per day is all it takes to take benefit from their nutritional properties.

10) Lobster With its anti-inflammatory properties and high zinc content, this shellfish helps alleviate a range of skin irritations (including acne).

Zinc stimulates the healing process and accelerates the renewal of skin cells, which is why zinc is a key ingredient in many acne products. Research has shown that people with acne have lower levels of zinc than those with clear skin.

Saturday, November 7, 10am-1pm · Sunset park

Las Vegas’ one-of-a-kind dog-friendly event and 5K run celebrating pets and the people who love them!

• Walk, run, stroll or meander the 5K (3.1 mile) course with your canine running partner

• Pawsome day of fun for humans and their dogs, with picnic lunch included

• Human registrants receive commemorative • 1 mile dog-friendly walk (optional, begins at 11am) t-shirt and finisher medal, chip timing, race bib, • Live entertainment, demonstrations and raffle picnic admission and more prizes • Canine registrants receive custom finisher dog • Pet-friendly vendor fair and dog adoptions! tag and more

Proceeds benefit Las Vegas’ lost, unwanted and abandoned pets

Register online at animalfoundation.com/furry5k now!

TAPAS! TAPAS! TAPAS! Forte Tapas Bar & Bistro –By Chelsea Abate

C

hef Nina Manchev knew what she was doing when she decided to create Forte Tapas Bar & Bistro. Not only is the décor alluring with European art and funky chalk messages written on the deep red and black walls, the menu is just as artistic. Adding a bold European flare to the menu this restaurant goes above and beyond in its culinary creations. With heavy European influences ranging from Spain, Bulgaria, Romania, and Russia the menu offers every style of flavor. One dish I highly recommend is the Marcona Almond Stuffed Dates. Wrapped in Bacon and lightly drizzled with Jerry Sherry Reduction this selection had my mouth watering. The Lamb Chop Lollipops were prepared to perfection and is paired nicely with Forte’s signature Forte Fries and Lamb Au Jus. Not only does this restaurant offer tantalizing food, they have a large variety of spirits but focus on their first love…Neft Vodka. Make sure you try one of their highly recommended cocktails when dining with them, you won’t be sorry!

Forte Tapas Bar & Bistro www.barforte.com 4180 S. Rainbow Ste. 806 Las Vegas, NV, 89103

Vegas Legal Magazine Fall 2015 | Pg. 67

Font: Constantia (Illustrator) Brown: Pantone 7517 C Green: 370 C

No matter where your road takes you,

durability matters

VERILAST™ Technology for knee and hip replacements has been lab tested to deliver the durability active patients need.

What does it mean to be an active patient? It means hiking more, walking more, dancing more — living more.

VERILAST Technology was created to stand up to the added wear and tear active patients put on their implants.

In fact, it was tested for durability 9-times longer

than the industry standard.

If chronic joint pain is keeping you from being the active person you want to be, it might be time for you to talk to a

doctor about VERILAST Technology.

Rediscover your go with VERILAST Technology Parminder S. Kang, MD Hip & Knee Arthroscopy Hip & Knee Reconstruction

www.doclv.com/kang

702-219-1905 Testing concluded at 45 million cycles. ISO 14242-1 defines test completion at 5 million cycles.

Replacement surgery is intended to relieve pain and improve hip/knee function. However, implants may not produce the same feel or function as your original hip/knee. There are potential risks with hip/knee replacement surgery such as loosening, fracture, dislocation, wear and infection that may result in the need for additional surgery. Longevity of implants depends on many factors, such as types of activities and weight. Do not perform high impact activities such as running and jumping unless your surgeon tells you the bone has healed and these activities are acceptable. Early device failure, breakage or loosening may occur if you do not follow your surgeon’s limitations on activity level. Early failure can happen if you do not guard your hip/knee joint from overloading due to activity level, failure to control body weight, or accidents such as falls. Talk to your doctor to determine what treatment may be best for you.

Additional information available at www.RediscoverYourGo.com. ™Trademark of Smith & Nephew. Certain marks Reg. US Pat. & TM Off.