Vegas Legal Magazine - Winter 2018

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EDITOR IN CHIEF Preston P. Rezaee, Esq. PUBLISHER Tyler Morgan, Esq. DIRECTOR OF OPERATIONS Jeffry Collins DIRECTOR OF MARKETING Danielle Saenz

ADVERTISING INFO@VEGASLEGALMAGAZINE.COM CALL 702-222-3476 CONTRIBUTORS Tamer B. Botros, Esq. J. Malcolm DeVoy, Esq. Mark Fierro Nedda Ghandi, Esq. Judge Matthew Harter Kyle Lauterhahn Kyle Lum Mark Martiak Myron Martin Valerie Miller Rick Nelson Maryam Rastkerdar Malvika Rawal, Ph.D., J.D. Laura Shin Stan V. Smith, Ph.D Travis Snyder, D.O. Donovan Thiessen, CPA Glenn H. Truitt, Esq.

WINTER 2017 CONTENTS

COVER STORY

LAW

12 // Justice Richard Posner 16 // Alimony & Child Support 18 // The MD-DC 21 // Imaging Manifestations In TBI 24 // Thomas v. Nevada Yellow Cab 28 // Quarterly Economic Commentary 30 // Meet The Incumbent: Judge Rob Bare 32 // In Loving Memory: Marshal Bill 34 // Foundation Room Party Photos 36 // Red Square Party Photos 40 // Legal Excellence Awards 48 // Court Of Public Opinion 50 // Cover Story: Ivanka Trump

PG. 50

Emperor’s New Coins PG. 59

BUSINESS

56 // VLM’s Preferred Doctors of 2017 59 // The Emperor’s New Coins 63 // IRS Audits 65 // Money Matters 66 // Behold The Velar 68 // State Of The Market

LIFESTYLE

70 // Saks Fifth Avenue 74 // Bar Review: Red Square Las Vegas 78 // The Heart Of Education Awards 80 // Vegas Icons: Richard “Tick” Segerblom 84 // Humor 85 // Matcha Tea Photo from ivankatrump.com

Bar Review: Red Square PG. 74

Vegas Legal Magazine Winter 2017 | Pg. 5

LETTER FROM

THE EDITOR

I

am extremely proud to present Vegas Legal Magazine’s second annual Legal Excellence Awards. The selection process was designed to reach a collective consensus of opinion among the bench, leading attorneys, various legal organizations and professionals in our community. While many organizations issue awards to hundreds of attorneys in exchange for monetary value, we at Vegas Legal Magazine are committed to providing an honest nomination process to ensure only those who have actually garnered the support of their peers, contributed to the legal community, and achieved a level of legal excellence are recognized for the Legal Excellence Awards.

Of the hundreds of nominees, only a select handful were chosen. I am please, honored, and humbled to present this year’s awards to the following winners of Vegas Legal Magazine’s 2017 Legal Excellence Awards Ross Goodman, Esq. Jordan Savage, Esq. Don Martin, Esq. Dallas Horton, Esq. Robert Dickerson, Esq. Trevor Atkin, Esq. J. Malcolm DeVoy, Esq. Robert Daskas, Esq. Christopher Lalli, Esq. Special Thanks to everyone who took the time to nominate a candidate. Without your thoughtful input, the winners of this year’s awards would not have received their much deserved recognition. To our sponsors, advertisers, readers, contributors, and supporters, I am forever grateful for your continued support. I wish all of you a happy, healthy, and prosperous new year.

-Preston P. Rezaee, Esq.

Vegas Legal Magazine Winter 2017 | Pg. 7

LETTER FROM

THE PUBLISHER

O

n Sunday, October 1, 2017, the city of Las Vegas suffered tragedy that will forever linger in the valley. As I write this letter police are still working relentlessly to investigate the facts surrounding the incident and a motive is yet to be determined. More importantly, families are broken and lives are forever changed for those affected. However, I refuse to sway over the heartache and the politicization of the event. Instead, I write this letter first to give thanks to those who have risen to the occasion and shown the world the strength in our community in Las Vegas. Secondly, let this letter be my prayer for all of us moving forward.

Thank you to the first responders and civilian heroes; who, in a time of unimaginable fear, put their lives on the line to bring so many of the festival goers to safety. Thank you to the emergency care providers in the hospitals. When they were presented with flooding demands for medical attention, they kept their calm and focused their efforts on saving lives. Thank you to our local government officials for maintaining efficiency throughout the city in this aftermath and bringing confidence to the population that we are safe. Finally, thank you to all of you who have donated your time, blood and money to the recovery efforts. I am proud to see this city come together in such unison to reach out and provide assistance to everyone affected.

Now, I pray. I pray for the lives lost. May they find solace in heaven. I pray for the families who are left to mourn their losses. I pray for all of us that we strive to continue spreading this compassion we show today moving forward. We must always remember we are all sown of the same fabric. Political, social and religious differences aside, we must love one another for it is love that will bond us and bring happiness into our lives. If we can spread our love far enough, nothing will break us and we may even be able to prevent others from bringing harm upon us again. God bless.

-Tyler J. Morgan, Esq.

Vegas Legal Magazine Winter 2017 | Pg. 9

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The Parting Advice Of

Justice Richard Posner – By J. Malcolm DeVoy, Esq. “I pay very little attention to legal rules, statutes, and constitutional provisions.”

-Richard Posner1 After authoring more than 3,300 judicial opinions, Richard Posner suddenly retired from the United States Court of Appeals for the Seventh Circuit in September of 2017. An unofficial “exit interview” Posner granted to the New York Times affirmed the common knowledge of generations of attorneys: A great attorney knows the judge. Although not hostile to the judicial system, Posner’s exit interview reveals that courts rely on past precedent far less than practicing litigators would hope.

Litigators of all stripes inevitably contact an opinion authored or influenced

by Justice Posner. The former Chief Justice of the United States Court of Appeals for the Seventh Circuit, and previously under consideration for the United States Supreme Court, Posner’s distinctive writing style was second only to the late Antonin Scalia. Upon his 1981 appointment to the Court of Appeals, Posner’s interest in economics (he previously was an assistant to the Commissioner of the Federal Trade Commission) came to bear on his rulings at the same time that financial services and securities became a more prominent part of the country’s economy.

Today, Posner is recognized as being one of the leading voices advocating law and economics, grappling with the research of Nobel Prize recipients such as Ronald Coase and Gary Becker in his opinions and other writing.

From 2004 until Gary Becker’s 2014 death, both Posner and Becker contributed regularly and prolifically to their joint blog.2 Posner’s nonjudicial writing reached far beyond that realm, though, grappling with subjects including national security, literature, and—most relevantly— judicial thinking.

In his observation of judges, Posner notes that some “are, you know, reactionary beasts.” Posner explained: “They’re reactionary beasts because they want to manipulate the statutes and the Constitution in their own way.” Despite this observation, Posner notes the “very strong formalist tradition in the law,” where judges sincerely apply the Constitution and relevant statutes—unless they themselves are unconstitutional—as if sacrosanct.

Where statutes, precedent, and even the Constitution do not matter, effective presentation steps into the breach. “A case is just a dispute. The first thing you do is ask yourself – forget about the law – what is a sensible resolution of this dispute?” Hardly an endorsement of “feels-over-reals”

Vegas Legal Magazine Winter 2017 | Pg. 12

emotion-driven legal consequentialism, Posner’s view acknowledges the reality that the law will rarely permit an absurd result.

Within his interview, Posner acknowledges how this is done. In determining whether some precedent or other legal requirement obstructs a desired ruling, Posner notes “that’s actually rarely the case.” “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.” Just one more thing that law schools do not teach their students.

When in private practice, one of the sitting district judges for the United States District Court for the Western District of New York had a sign in his office that read, “whoever tells the best story wins.” Posner’s exit interview confirms the accuracy of this advice, even amidst all the disillusionment it may bring to legal formalists. This advice—also the title of Annette Simmons’ book about communicating more effectively—is regularly repeated by trial lawyers and more experienced litigators, but so infrequently ingrained in younger attorneys.

Posner’s advice is not a panacea. While well-regarded and even admired by many, Posner was a firebrand in his later years. In a July 2017 interview with Slate, Posner went out of his way to critique several Supreme Court justices, living and dead, decrying Brennan, Blackmun, Stevens, and Souter as “not giants.”3 “Anyone think there’s a giant or giantess on the Supreme Court today?” Posner asked before he abruptly retired, slipping out from under the specter of being reversed by the country’s highest court.

What the now-former justice recommends may not be advisable before every judge. Some of them, if not many or even all, will decide a motion or even an entire case based on the applicable subsection buried deep within the Code of Federal Regulations.4 His parting commentary vindicates so much of what experienced litigators have told and tried to train dozens if not hundreds of other attorneys to do, though, that it can hardly be ignored.

J. Malcolm (“Jay”) DeVoy is the owner of DeVoy Law P.C. DeVoy focuses on providing representation in commercial disputes, serious personal matters, and advising medical professionals and practices about issues including HIPAA, Stark Law, and the Anti-Kickback Statute.

1. Adam Liptak, An Exit Interview with Richard Posner, Judicial Provocateur, The New York Times (Sept. 11, 2017).

2 The Becker-Posner Blog, available at becker-posner-blog.com (last accessed Sept. 12, 2017).

3 Joel Cohen, Should There Be Age Limits for Federal Judges?, Slate (July 5, 2017), available at http://www.slate.com/articles/news_and_politics/jurisprudence/2017/07/should_there_be_ age_limits_for_federal_judges.html (last accessed Sept. 13, 2017).

4 See, e.g., Gardner v. Henderson Water Park, LLC, 133 Nev. Adv. Op. 54 (2017); Nationstar Mortgage, LLC v. SFR Investment Pool 1, LLC, 133 Nev. Adv. Op. 34 (2017).

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ALIMONY & CHILD SUPPORT PAYMENTS: In A Bankruptcy – By Nedda Ghandi, Esq.

Ex-spouses and divorced parents have long tried creative solutions

to avoid spousal and child support payments. In one instance, a father offered to give up all parental rights and make a lump sum payment for child support in hopes of avoiding larger payments as his income increased. Even lottery winners have been known to sell a winning ticket for cash at a discount to avoid alimony. And it doesn’t stop there. One former NFL player began paying spousal support only after he was forced to spend several days in jail for avoiding paying his former spouse.

After the breakup of a marriage, it is not uncommon for people to find their financial situation has changed dramatically with new expenses and obligations piling up. Divorce leads to unexpected legal expenses, changes in living arrangements, and costs associated with the division of marital property. According to Forbes, the average contested divorce costs between $15,000 and $30,000, with some being far more expensive.

Clients who are making spousal or child support payments often feel as though the payments are unduly burdensome and are otherwise unhappy with the terms of their divorce decree. It is no surprise then, many of these individuals turn to bankruptcy for relief. This is where family law and bankruptcy meet. One of the questions commonly received by bankruptcy attorneys is whether a client, in these circumstances, can discharge his or her spousal and child support obligations through bankruptcy. Unfortunately for these clients, in most cases, the answer is “no.”

Personal bankruptcy through Chapter 7 or Chapter 13 of the Bankruptcy Code can be a very effective way of shedding debt and allowing a client to move forward with a fresh start. Our legal system has evolved from an earlier time in American history when people who could not pay their debts were sent to prison.

And while the lay person often thinks of bankruptcy as providing a clean slate, some types of debt, including alimony and spousal support, cannot be wiped away or restructured in bankruptcy.

Broadly speaking, there are two types of debt when it comes to bankruptcy. The first is the dischargeable kind, which includes Vegas Legal Magazine Winter 2017 | Pg. 16

credit card debt, mortgage debt, medical bills, and utility bills. The second is the nondischargeable type, which, along with domestic support obligations like alimony and child support, also includes most taxes and often student loans. Because of the overriding public policy favoring the enforcement of familial obligations, bankruptcy law leaves little discretion to the courts when it comes to the dischargeability of domestic support obligations.

The reasoning for this hard line on domestic support obligations like alimony and child support is twofold. First, bankruptcy is a matter for the federal courts and matters involving marriage, divorce, and child support are governed by the state courts. Second, Congress has deemed child and spousal support to be too important to be dischargeable. As the Ninth Circuit has explained, “Bankruptcy provides a way to leave one’s debts, but not one’s most fundamental family obligations, behind.” In re Rivera, 832 F.3d 1103, 1106 (9th Cir. 2016).

Balancing the competing policies of allowing the honest, but unfortunate debtor a fresh start, and the public policy favoring the enforcement of familial obligations, Congress enacted the following two exceptions to the discharge provided to individual debtors under Chapter 7 and 13 of the Bankruptcy Code. The first is set forth in 11 U.S.C. § 523(a)(5), which states that “domestic support obligations” cannot be discharged in bankruptcy. Courts have constantly held that the term domestic support obligations includes child support and alimony, but have extended it to include other obligations upon which family members and former family members rely. The second is set forth in 11 U.S.C. § 523(a)(15), which provides that a debt to a “spouse, former spouse, or child of the debtor” incurred by the debtor in the course of a divorce or separation is not dischargeable in bankruptcy. The critical issues here are the identity of the payee and whether under state law, the debt was incurred in the course of a divorce or separation.

While the language of 11 U.S.C. § 523(a)(5) and (15) are fairly broad, they are not without limitation. For instance, courts have held that obligations to third-parties, even if set forth in the divorce decree, may be discharged because the debts are owed to a third-

party and not the spouse, former spouse, or child of the debtor.

Similarly, property settlement payments may be dischargeable when they are merely affecting an equitable division of community property and not providing domestic support.

And divorcing spouses should beware that simply labeling a payment as spousal support or alimony in a divorce decree does not necessarily make it nondischargeable in bankruptcy. Rather, the bankruptcy court will look to whether the payment obligation is really for the support of the former spouse or child or was incurred in the course of the divorce or separation irrespective of what the payment is labeled in the divorce decree.

Thus, while spousal support payments and other payment obligations incurred in a divorce proceeding are usually not dischargeable in a bankruptcy - no matter how creative one gets - the best practice is to consult with a bankruptcy attorney before filing to make sure that the client doesn’t just end up back in family court.

Nedda Ghandi, Esq., is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a memeber of Nevada’s Legal Elite and as a Super Lawyer every year since 2013. Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled by calling 702.878.1115 or visiting www.ghandilaw.com.

THE MD-DC:

THE SURPRISING CHALLENGE OF DOCTORS & CHIROPRACTORS WORKING TOGETHER &

How To (Legally) Do It –By Glenn H. Truitt, Esq. & Malvika Rawal, Ph.D., J.D.

A

llopathic physicians with a Medical Doctorate (M.D.) or a Doctorate in Osteopathic Medicine (D.O.) often find it valuable to partner with a chiropractic physician (D.C.). This relationship is especially valuable if the allopathic physician is a primary care provider. The relationship can also be quite profitable for a D.C. as well. However, the two types of providers cannot form a direct partnership in most states due to the Corporate Practice of Medicine (CPOM) laws. In addition, anti-referral laws such as the Anti-Kickback Statute (AKS) prohibit the individual providers from receiving financial benefits of any kind for referring patients, especially from other providers. This creates a paradoxical situation where all parties (the M.D./D.O., the D.C., and the patients) benefit from this specific partnership but significant legal roadblocks stand in its way. This article discusses how M.D./D.O.s may work with a D.C. to provide better care for their patients without running afoul of the various regulations governing medical practice.

The M.D.-D.C. partnership (commonly referred to as the “MD-DC”) creates substantial advantages for both types of providers and their patients.

The first major advantage of the relationship is higher reimbursements. If an M.D. examines the patient, and sets and supervises the treatment plan for the D.C. to follow, the practice is allowed to bill for the chiropractor’s services as physical therapy under the M.D.’s billing code. For the same procedure, insurance providers, both government and private, reimburse up to three (3) times as much when billed under the M.D. compared to when billed under the D.C. In addition, if the D.C. is working under the supervision of an M.D., s/he can provide physical therapy services to the patients, apart from and in addition to chiropractic care.

The patients also derive significant advantages from MD-DC relationship.

An M.D. is capable of treating a larger number of maladies than a D.C.; who must limit his/her practice to treating musculoskeletal issues. Chiropractic medicine only offers minimal prescriptive authority and most D.C.s are not even authorized to write prescriptions, for pain medication or otherwise.

Therefore, if both types of providers are collocated and partners, patients

Vegas Legal Magazine Winter 2017 | Pg. 18

only need to go to a single clinic to receive treatment for health issues other than musculoskeletal injuries, including primary care. Also, M.D.s are authorized to issue pharmaceutical prescriptions. Therefore, if the patient’s pain is not adequately addressed through chiropractic manipulations, they may be referred to the M.D. to receive pain management treatment, including pharmaceutical prescriptions. If needed, the M.D. may also be able to refer the patients directly to receive surgical care, cutting out an additional referral step and office visit.

The MD-DC provides patients with access to conservative care, allowing providers to treat patients’ issues with minimal pharmaceutical assistance and expense. In fact, many musculoskeletal injuries may be treatable with only chiropractic manipulation. Easy access to and optimal utilization of chiropractic manipulation allows the M.D. to prescribe a lower dose of analgesic (pain relieving) medication for musculoskeletal injuries.

Analgesic medications, including opioids, have significant side effects, most notably, substance addiction. This MD-DC therefore aligns well with national public policy to combat the over-prescription of medications like opioids.

Unfortunately, despite the equitable advantages of these partnerships, they are legally difficult. CPOM laws in most states, including Nevada, prohibit medical practices from being owned by persons not licensed to practice medicine. See NRS 89.070.1. These laws also prohibit a non-M.D./D.O. from having any voting control (through equity) in a professional medical entity. Id. Therefore, an M.D. and a D.C. cannot form a professional medical entity together to provide medical services under Nevada law.

However, these providers may still be able to work together under different types of arrangements.

The M.D. can own and operate a medical practice where s/he employs the D.C. to provide their services (the “Employment Model”). This employment arrangement can either be a flat, salary-based compensation, or it may provide the D.C. with an opportunity to earn a bonus based

upon case volume and overall practice performance. However, for these bonuses, the M.D. employer and D.C. employee must negotiate the bonus compensation in advance and this bonus arrangement must be memorialized as a part of the D.C.’s employment agreement which must have a term of at least one (1) year to avail the practice of the employment safe harbors created in the anti-kickback laws.

The second method of the MD-DC is the management services organization (“MSO”) model. The two providers form an MSO which does not provide medical services. However, this entity may provide all of the necessary non-medical services to the M.D.’s (and the D.C.’s) practices/ clinics, including but not limited to, leasing/buying space and equipment, paying non-clinical staff, billing and collecting, etc. The profit that the MSO makes for providing these non-medical services may be shared legally between the M.D. and the D.C. Each partner in the MSO may choose whether to contribute capital or services, or a combination thereof, and receive distributions of profit accordingly. Further details of the MSO structure can be found in our article entitled ‘The ABCs of the MSO’ published in the summer 2017 edition of Vegas Legal Magazine.1 This article explains the MSO corporate structure, the regulations governing it, and the common pitfalls providers face when participating in such entities.

The State of California is a notable exception in this regard since its CPOM law, the Moscone-Knox Professional Corporations Act, allows other licensed personnel such as chiropractors, psychologists, optometrists, clinical social workers, etc. to receive equity in a professional medical corporation, so long as the sum of the equity held by such other licensed personnel does not exceed forty-nine (49%) percent. Conversely, in a professional chiropractic corporation, the licensed allopathic physician(s) may hold equity so long as the total equity held by a non-chiropractor does not exceed forty-nine (49%) percent.

M.D.s and D.C.s may use either of the aforementioned arrangements (or combinations/versions thereof) to structure their relationship.

However, both federal and state regulations addressing anti-referral and CPOM laws are extremely broad and complex. The arrangement, as set up, must be exactingly complaint with all the relevant criteria to survive

regulatory scrutiny. Providers must be cognizant of not just the letter of the law, but also its spirit. In addition, the providers must put a robust dispute resolution structure in place at the outset so the interests of all parties, including the patients, are protected in the event of a disagreement between the providers down the line.

The providers are strongly encouraged seek the assistance of experienced healthcare counsel and financial advisors to set up an MD-DC. Counsel will ensure the established arrangement is not only compliant with law and public policy, and will also help implement robust measures to protect not just the interests of the individual parties, but also the confidentiality, integrity, and accessibility of the patient records in the event of a dispute.

Finally, utilizing the services of a certified public accountant (CPA) with healthcare experience will help ensure that both providers receive equitable compensation for their hard work and capital, irrespective of the type of arrangement they decide on.

A partnership between an M.D./D.O. and a D.C. creates immense value in the healthcare marketplace. However, given the breadth and depth of the regulations governing such a relationship and the volume of increasingly lucrative violations thereof, it is easy for providers to be lured into relationships that may land them into trouble. Aspiring MD-DC participants should understand that the power of partnership can be as risky as it is profitable. Collaboration is just as important clinically as it is professionally, and the right professional team can make the MD-DC everything it promises to be, and more.

Glenn H. Truitt, Esq. is a managing partner at Ideal Business Partners (www.idealbusinesspartners. com), a multidisciplinary professional services firm serving healthcare professionals with state-ofthe-art legal, financial compliance and strategic advice, working together to lift up their practices.

IBP consults with ComplyPro (www.mycomplypro.com), a HIPAA compliance services company, serving Nevada and southern California, and employing both traditional and digital compliance tools to develop comprehensive, customized compliance solutions for any size practice.

Malvika Rawal, Ph.D., J.D., is a law clerk at Ideal Business Partners. She received her Master of Science at the University of Delhi in Biomedical Sciences and her doctorate degree in Free Radical and Radiation Biology at the University of Iowa. She then received her Juris Doctor at the University of Iowa College of Law in May 2016. Rawal is deeply involved with ComplyPro, a HIPAA compliances services company.

Vegas Legal Magazine Winter 2017 | Pg. 19

Imaging Manifestations In

Traumatic Brain Injury –By Travis Snyder, DO

I

n the imaging of Traumatic Brain Injury (TBI) patients, findings such as cerebral contusions, hemorrhagic and non-hemorrhagic shearing injuries, ‘coup contrecoup’ injury, subdural hematomas, intraparenchymal hematomas, subarachnoid hemorrhage, and skull and facial fractures are sensitive and specific findings for head trauma. In most cases there is no disagreement that these findings are directly related to traumatic brain injury and the clinical history of head trauma. However, there are additional findings that can be seen in traumatic brain injury that may also be identified as normal variants, creating confusion for radiologists, clinicians, and lawyers. The understanding of these concepts is essential for attorneys managing medical legal cases relating to head trauma.

DILATED PERIVASCULAR SPACES Dilated perivascular spaces (also called Virchow-Robin spaces) are small focal cystic areas adjacent to tiny vessels in the brain. These can be seen in asymptomatic populations as normal variants; however, these have been described as increased in size and number in patients with head trauma when compared to normal controls.1 Posttraumatic dilated perivascular spaces, can also be found adjacent to shearing injuries in a subcortical location.2, 5 An extensive literature review article on this subject concluded: “A judgment on whether dilated VRS in an individual patient is a normal variant or part of a disease process can be made by taking into account the appearance of the adjacent tissue on MRI and the clinical context”.3 CAVUM SEPTUM PELLUCIDUM The septum pellucidum is a thin midline structure that separates the lateral ventricles. The lateral ventricles are large central cavities which contain the cerebral spinal fluid which coats the brain. A “cavum” septum pellucidum is a fluid-filled cavity within the septum pellucidum. Although a cavum septum pellucidum is

often considered a normal variant, it has also been associated with neurodevelopmental and neuropsychiatric disorders.4, 14 It has also been reported that a cavum septum pellucidum may also result from, or increase in size, following traumatic brain injury. Higher rates of a cavum septum pellucidum have been reported in TBI patients when compared to the general population.5, 14 EMPTY SELLA The pituitary gland sits in the sella turcica, a bony structure in the anterior-inferior skull, and is intricately involved in endocrine/ hormone production and regulation. When the pituitary gland is decreased in size, it is called a ‘partially empty sella’, or an ‘empty sella’, depending on the degree of atrophy. An empty sella may be a normal variation, but can be seen in patients with endocrine disorders and may also be acquired secondary to pituitary atrophy from TBI. Hypopituitarism may be found in up to 25% of all traumatic brain injury patients and 47% of all patients with subarachnoid hemorrhage.6 These patients may develop new endocrine dysfunction secondary to hypothalamo-pituitary dysfunction due to traumatic brain injury and this should be assessed clinically.7, 16 CHIARI MALFORMATION The cerebellar tonsils extend inferiorly from the cerebellum and posteriorly to the medulla. In most people, cerebellar tonsils terminate at or just below the foramen magnum (the boundary between the brain and spinal cord). If they extend greater than 6 mm below the foramen magnum in adults, a Chiari I malformation is present. Many Chiari I patients are asymptomatic. However, it is widely reported that symptomatic Chiari I patients may experience worsening symptoms following head trauma and asymptomatic Chiari I patients may develop new symptoms following head trauma. Therefore, clinical correlation is recommended in these patients.8, 15 Vegas Legal Magazine Winter 2017 | Pg. 21

IMAGING MANIFESTATIONS

ATROPHY Following any insult to brain tissue, whether from stroke, tumor, infection or trauma, there is often swelling in the immediate phase followed by atrophy (shrinking/decrease in size of brain tissue). Atrophy is responsible, at least in some part, for the already discussed findings of ‘empty sella’ and ‘dilated perivascular spaces’.

It is common to see focal brain atrophy in the same location of previous cerebral contusions and intraparenchymal hemorrhages.

The hippocampus, a part of the inferiomedial temporal lobe, which has a variety of functions such as memory and emotions, is particularly susceptible to injury following head trauma and the resultant atrophy may be seen on MRI.9, 17 In addition, diffuse brain atrophy is also well described in TBI, particularly in patients with diffuse axonal injury (widespread damage to the brain with extensive lesions in white matter tracts).5,10 A study that followed patients over 30 years found that a reduction in hippocampal volume and lateral ventricular enlargement were significantly associated with memory function and executive functions. Specifically, the best predictor for cognitive outcome was the volume of the lateral ventricle.11 Some authors have suggested these MRI brain volumetric measures are of greater prognostic value than the initial severity of the TBI.12, 13 CONCLUSION Interpretation of the above findings can be challenging and is often more helpful in aggregate than in isolation. Advanced neuroimaging options such as SWI, DTI, fMRI, Perfusion, NeuroQuant, LesionQuant, 3D cube FLAIR, and Spectroscopy may also assist in evaluating patients with TBI and add clarity to some the above findings. Similarly, MRIs obtained even years after the original injury can be compared to MRIs predating the injury or immediately following the injury and provide helpful diagnostic and prognostic information.

Of course, any imaging findings should be assessed in the proper clinical context and absence of supporting imaging findings does not exclude injury. Clinical corroboration is always advised.

Dr. Snyder is a 2009 Touro University of Nevada Osteopathic Medical School graduate and a current assistant adjunct professor of Radiology and Neuroradiology at Touro. He completed his radiology residency at McLaren Macomb (Michigan State) in Michigan and his neuroradiology fellowship at the University of Miami and returned to Las Vegas to practice at SimonMed Imaging in Las Vegas. He has special interests in teaching rotating medical students, lecturing, and research on advanced imaging techniques for traumatic brain injury and carbon monoxide poisoning.

1 Inglese,M., Bomsztyka, E., et al. (2005). “Dilated Perivascular Spaces: Hallmarks of Mild

Vegas Legal Magazine Winter 2017 | Pg. 22

Traumatic Brain Injury”. AJNR 26: 719-724.

2 Inglese M, Grossman RI, Diller L, Babb JS, Gonen O, Silver JM, Rusinek H. (2006). “Clinical significance of dilated Virchow-Robin spaces in mild traumatic brain injury”. Brain Inj. 20(1):15-21.

3 Groeschel S1, Chong WK, Surtees R, Hanefeld F. (2006). “Virchow-Robin spaces on magnetic resonance images: normative data, their dilatation, and a review of the literature”.

Neuroradiology. 48(10):745-54.

4 Raine A, Lee L, Yang Y, and Colletti P. (2010). “Neurodevelopmental marker for limbic maldevelopment in antisocial personality disorder and psychopathy”. Br J Psychiatry.

197(3):186-92; 5 Orrison WW, Hanson EH, Alamo T, Watson D, Sharma M, Perkins TG, Tandy RD. (2009).

“Traumatic brain injury: a review and high-field MRI findings in 100 unarmed combatants using a literature-based checklist approach”. J Neurotrauma. 26(5):689-701; Silk T, Beare R, Crossley L, Rogers K, Emsell L, Catroppa C, Beauchamp M, Anderson V. (2013). “Cavum septum pellucidum in pediatric traumatic brain injury”. Psychiatry Res. 213(3):186-92.

6 Schneider HJ, Kreitschmann-Andermahr I, Ghigo E, Stalla GK, and Agha A. (2007).

“Hypothalamopituitary dysfunction following traumatic brain injury and aneurysmal subarachnoid hemorrhage: a systematic review”. JAMA. 298(12): 1429-38.

7 Krahulik D, Zapletalova J, Frysak Z, and Vaverka M. (2010). “Dysfunction of hypothalamichypophysial axis after traumatic brain injury in adults”. J Neurosurg. 113(3):581-4; Benvenga S, CampennÍ A, Ruggeri RM, and Trimarchi F. (2000). “Hypopituitarism Secondary to Head Trauma”. J Clin Endocrinol Metab. 85 (4): 1353-1361.

8 Wan MJ, Nomura H, and Tator CH. (2008). “Conversion to symptomatic Chiari I malformation after minor head or neck trauma.” Neurosurgery. 63(4):748-53 9 Tate DF and Bigler ED. (2000). “Fornix and Hippocampal Atrophy in Traumatic Brain Injury”.

Learn. Mem. 7: 442-446; 10 MacKenzie JD, Siddiqi F, Babb JS, Bagley LJ, Mannon LJ, Sinson GP, and Grossman RI. (2002).

“Brain Atrophy in Mild or Moderate Traumatic Brain Injury: A Longitudinal Quantitative Analysis”. American Journal of Neuroradiology. 23 (9) 1509-1515; 11 Himanen, Leena & Portin, Raija & Isoniemi, Heli & Helenius, Hans & Kurki, Timo & Tenovuo, Olli. (2005). Cognitive functions in relation to MRI findings 30 years after traumatic brain injury. Brain injury : [BI]. 19. 93-100. 10.1080/02699050410001720031.

12 Himanen, Leena & Portin, Raija & Isoniemi, Heli & Helenius, Hans & Kurki, Timo & Tenovuo, Olli. (2005). Cognitive functions in relation to MRI findings 30 years after traumatic brain injury. Brain injury : [BI]. 19. 93-100. 10.1080/02699050410001720031; 13 Timming R, Orrison WW, Mikula JA. (1982). “Computerized tomography and rehabilitation outcome after severe head trauma”. Arch Phys Med Rehabil. 63(4):154-9.

14 Silk T, Beare R, Crossley L, Rogers K, Emsell L, Catroppa C, Beauchamp M, Anderson V. (2013). “Cavum septum pellucidum in pediatric traumatic brain injury”. Psychiatry Res. 213(3):186-92.

15 Mehta, A. I., Grant, G. A., Gray, L., & Sampson, J. H. (2011). “Radiographic progression of a Chiari I malformation after minor head trauma: Final increment of obstruction to create pathophysiology”. Journal of Surgical Radiology. 2(3), 290-293.

16 Benvenga S, CampennÍ A, Ruggeri RM, and Trimarchi F. (2000). “Hypopituitarism Secondary to Head Trauma”. J Clin Endocrinol Metab. 85 (4): 1353-1361.

17 Ross DE, Ochs AL, DeSmit ME, Seabaugh JM, Havranek MD. (2015). “Alzheimer’s Disease Neuroimaging Initiative. Man Versus Machine Part 2: Comparison of Radiologists’ Interpretations and NeuroQuant Measures of Brain Asymmetry and Progressive Atrophy in Patients With Traumatic Brain Injury”. J Neuropsychiatry Clin Neurosci. 27(2):147-52.

NEVADA LANDMARK DECISION YOU PROBABLY NEVER HEARD OF:

THOMAS v.

NEVADA YELLOW CAB (2014) – By Tamer B. Botros, Esq.

Since 2012, my mentor, Marc C. Gordon, Esq., and I have been

litigating and defending what has become known as the largest employment law class action case in the history of Nevada involving over 5,000 current and former drivers of Yellow Checker Star Transportation (YCS). The case went to the Nevada Supreme Court (NSC) and in 2014 in an intensely divided 4-3 decision, we did not prevail. However, the issues in this case shed light on the legal uncharted world of “implied repeal.” Thomas v. Nevada Yellow Cab Corporation, 130 Nev. Adv. Op. 52 (2014).

In all of American Jurisprudence, there never existed a case similar to its facts and the multiple novel issues of law. From an outsider’s perspective, it is immensely fascinating. But, from my vantage point, it has caused numerous sleepless nights defending a case with so many novel legal issues that to date, have not been completely resolved. It all stems from the 2006, Nevada Constitutional Minimum Wage Amendment (MWA) that was passed by voters and signed into law on July 1, 2007, guaranteeing a base wage for Nevada workers.

constitutional amendment.” (Page 6 of Thomas decision).

The NSC ruled that MWA supersedes NRS 608.250(2). “The text of the Minimum Wage Amendment, by enumerating specific exceptions that do not include taxicab drivers, supersedes and supplants the taxicab driver exception set out in NRS 608.250(2).”

(Page 9 of Thomas decision).

In 2009, United States District Court of Nevada Judge Clive Jones was the first jurist to weigh in on the question of “implied repeal,” interpreting Nevada law in Lucas vs. Bell 2009 WL 2424557 (D. Nev. June 24, 2009). His decision against “implied repeal,” although not binding on the NSC, was nonetheless the only statement of competent judicial authority on the Nevada law question, and remained so until Thomas. From 2006, until June 26, 2014, employers followed the law as interpreted by Judge Jones, and were reasonable in doing so, since the NSC had not spoken otherwise.

In addition, the Nevada Labor Commissioner comported with that state of affairs, and continued to recognize the validity of NRS 608.250(2) exemptions until Thomas. The Labor Commissioner never initiated action against any of the taxicab or limousine companies consistent with NRS 607.160(2) which states:

In 2006, under NRS 608.250(2)(e), taxicab and limousine drivers were declared exempt from minimum wage because they are paid based on commission. However, the NSC ruled that NRS 608.250(2)(e) was “impliedly repealed” in 2006, when Nevada “If the Labor Commissioner has reason to believe that a person is violating or has violated a labor law or regulation, the Labor voters voted in favor of the MWA. Commissioner may take any appropriate action against the person “The Amendment’s broad definition of employee and very specific to enforce the labor law or regulation whether or not a claim or exemptions necessarily and directly conflict with the legislative complaint has been made to the Labor Commissioner concerning exception for taxicab drivers established by NRS 608.250(2)(e). the violation.”

Therefore, the two are “irreconcilably repugnant,”… such that “both cannot stand,”… and the statute is impliedly repealed by the The entire taxicab and limousine industry was following the law Vegas Legal Magazine Winter 2017 | Pg. 24

Photo by Shutterstock

as it existed and was understood at the time, which was being enforced by the Office of Labor Commissioner. However, the Thomas, decision made it clear that the exemptions under NRS 608.250(2) no longer applied.

NRS 608.250(2) contained exemptions in effect since 1965, which employers reasonably and legitimately relied upon. In fact, these exemptions still remain on the books as of today, which is more perplexing since the Thomas decision was clear that those exemptions were “impliedly repealed.” The exemptions include the following: casual babysitters; domestic service employees who reside in the household where they work; outside salesperson whose earnings are based on commissions; employees engaged in an agricultural pursuit for an employer; taxicab and limousine drivers; and persons with severe disabilities whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

Based on the Thomas ruling of “implied repeal,” any worker in Nevada outlined in those exemptions can now bring a class action lawsuit against their respective employer for conduct that occurred prior to 2014, although there is a 2-year statute of limitations. To date, the only previously exempted industries to be civilly sued are taxicab and limousine companies. Unfortunately, the Thomas decision does not spell out what that process would entail and how it would coincide with the legal enforcement mechanism of the Office of Labor Commissioner, which never initiated any enforcement action prior to Thomas. The intent of the Thomas decision was not to punish employers who reasonably and legitimately relied upon NRS 608.250(2) exemptions. Rather, the intent of Thomas

was to make one conclusive opinion on minimum wage law and to clarify the law going forward. Uncertainty in the law always breeds expensive litigation and inequities. Unfortunately, there still remain issues of law surrounding the MWA that have yet to be resolved.

The Department of Business and Industry shed light on the confusion and uncertainty as to the state of minimum wage law in Nevada and the interactions between the MWA and NRS 608.250(2) in its winter 2014 newsletter on page 7 titled, A Minimum Wage Guide For Nevada Employers. “While the constitutional amendment did not directly conflict with the exemptions outlined in NRS 608.250, its passage created some uncertainty. It was this uncertainty that the Nevada Supreme Court addressed in Thomas v. Nevada Yellow Cab, 130 Nev. Adv. Op. 52 (2014).” The legal battle and sleepless nights will continue, but for now employers are advised to take note of the decision in Thomas.

Tamer B. Botros, Esq., is the Senior Litigation Counsel at Yellow Checker Star Transportation and is currently defending the largest class action employment law case in the history of the State of Nevada.

His practice consists of litigating complex civil cases. He can be reached at tbotros@ ycstrans.com and (702) 873-6531. He is also the founder of www.702TICKETLAWYER. COM

Vegas Legal Magazine Winter 2017 | Pg. 25

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ECONOMIC EXPERT REPORT

CREDIBILITY & BIAS IN ECONOMIC EXPERTS –By Stan V. Smith, PhD & Kyle Lauterhahn

Economists are used widely by attorneys in personal injury and

commercial litigation. The reliance upon economists calls for scrutiny by attorneys regarding the expert’s credentials, and vigilance regarding the potential biases in assumptions and methodology. Plaintiff and defense attorneys can learn some simple rules to check an opposing economist’s work for obvious bias in methods that violate certain basic ground rules in economic assessment. Simple guidelines can assist attorneys to become aware of the degree of neutrality exercised by their own, and the opposing expert.

BIASED ECONOMIC ASSESSMENTS

Economic experts may use biased methods to portray favorable results in earnings loss calculations. When calculating the loss of earnings from a personal injury, wrongful death, wrongful termination, or other career interruption there are four main determinants of such lost earnings: the earnings base, the expected economic growth rate of earnings, the period of future loss, and the interest rate used to discount to present value. Biases may appear modest in any one of the four assumptions but, combined, can lead to a significant bias in the overall result. Many of these biases are simple to detect.

Earnings Base: The estimate of the earnings loss expected in the first year after the plaintiff ’s injury is the platform upon which all else is built.

Suppose that an earnings history, whether of a company, a product, or an injured employee, has progressed upwards for a five-year period prior to the injury in the following manner: $70,000, $71,000, $72,000, $73,000 and $74,000. To the untrained eye, a projection of $75,000 the following year appears reasonable. But this simplified approach does not take inflation into account. To properly forecast the future, the past earnings must first be recalculated and stated in the same year’s (constant) dollars. If inflation for the five-year period in question had been 2 percent each year, the losses all recalculated and stated in the base year’s (constant) dollars are $75,770, $75,346; $74,909; $74,460; $74,000. This shows a distinct pattern of declining real wages. If inflation is low, we can estimate that the

Vegas Legal Magazine Winter 2017 | Pg. 28

actual earnings may remain close to $74,000, or even possibly fall to the average of past earnings, since real wages are indeed falling. Further any rapid earnings grown early in a person’s career generally does not persist in the long run. However, future prospective promotions cannot be ignored.

Other biases result from assuming without foundation that future recessions will not impact earnings, that overtime hours worked in the past will persist long term, or that economic expansions either in an industry or in the overall economy will not end. Sometimes an economist will use just one strong past year’s earnings to project the future. Alternatively, an economist may offer a “dismal” view of an individual’s earnings future, assuming that only recession-era earnings continue to the future, or assuming earnings from only a partial year worked. In tandem with the wage base, proper calculation of fringe benefits likewise requires scrutiny.

For example, sick time or vacation time isn’t strictly a monetizable benefit.

Profit sharing in a good year may not persist.

Earnings Growth: The bias of an inflated earnings base can be compounded by the bias of an inflated growth rate. In the example above, a real growth rate above zero may not be justifiable. In seven of the last 20 years, including four of the five years from 2009 through 2013, wages have shown negative real growth. A fair estimate is to use the last twenty years or so as a standard, which has been shown to be a reasonably good and relatively valid predictor of the future. Some careers may merit strong future wage growth assumptions while others may merit the contrary.

Period of Economic Loss: Many economists will offer the loss to only a specific age, calculating one terminal figure. It is relatively easy, however, to show losses for each year through the plaintiff ’s life expectancy. The losses from working through any age can be read off such tables. The Jury can be in charge!

Many economists will use a retirement age from statistically average worklife tables; these tables present many problems even if appropriately used in states where expected or likely earnings are the standard of recovery.

However, in Nevada it is the capacity to earn income that is the measure of damages, not expected earnings. Further, work-life tables cannot differentiate between people who are forced to retire due to health concerns, and those who could continue to work, but choose to retire to spend time with family, purse hobbies, or volunteer. And importantly, work-life tables don’t necessarily apply to a specific individual. Some economists “front load” the work-life by assuming that future years of salary would have been earned through consecutive, full-time employment instead of spreading out over all future years in a manner equal to the statistical work-life expectation of an average worker; this front-loading can result in an upward bias of 5 percent to 10 percent.

Discount to Present Value: Discounting to present value means taking into account the fact that an award, invested safely, will earn interest. One of the common plaintiff- biased approaches is to use the total offset method which assumes that the discount rate is equal to the wage growth rate.

This assumption is made by some vocational experts or others such as MBAs or CPAs who have only a bachelor’s of accounting and who do not have serious, advanced economic training and cannot justify the selection of individualized growth and discount rates. By assuming rates to be offsetting, presto! the problem of explaining the choice of specific growth and discount rates disappears. But these rates have not been not offsetting historically.

Generally, government bonds are regarded as safe, and free from risk of default. For the defense, some experts use high yield instruments such as Corporate Bonds, Municipal Bonds, or Equity Funds which are distinctly riskier than government bonds. Many municipalities have declared bankruptcy in recent years. On the other hand, there may be times when using a higher interest rate assumption is warranted.

When calculating a present value of the cost of future life care, an economist should differentiate the future growth of medical services from those of non-medical services and commodities. Home health or institution care for injured parties are custodial, not true medical services. Yet the cost is often erroneously projected to grow at the much higher expected rate of growth of medical care services. In addition, institutional care provides for some of the personal consumption costs of the injured party, whereas economists seldom deduct the sum of the expected personal consumption from lost wages in an injury case.

INADEQUATE CREDENTIALS

Lack of adequate credentials can negatively impact the jury and reduce the weight given to expert economic witness testimony, especially if the opposing expert has excellent credentials. How will a jury weigh testimony from a Ph.D. in economics versus a bachelor’s in accounting or a business major? Many persons testifying to economic loses lack serious advanced economic training in a graduate degree-oriented curriculum in economics or finance; and you should challenge the admissibility of any economic testimony proposed by experts who lack proper training in economics.

Even if Einstein took a summer course in economics, he wouldn’t be an economist. At times, nurses, psychologists, physicians, and physiatrists and life care planners purport to estimate the present value of future medical care cost assessments merely by multiplying the actual annual costs by the number of years of remaining life expectancy, circumventing the present value process completely. Some without an advanced degree in economics also frequently estimate the present value of a business or future lost income, but they are not trained in estimating future economic growth or the likely future rate of interest as a discount rate. Vocational rehabilitation counselors at times also purport to provide economic forecasts. A few may

have proper credentials, but others may be trained solely as high school vocational guidance counselors. Some consultants have a master’s degree in business which, per se, does not indicate serious advanced training in economics. After hearing testimony on lost earnings from one MBA, a judge commented at court that he had never heard an expert so “utterly and totally lacking in credibility.”

What does credentialize an economist mean? In general, there are four Gold Standards for economists and other experts. First, the highest degree in their field, in this case a Ph.D. in economics or finance. This demonstrates mastery of the subject at the highest level of education.

Second is published, peer-reviewed empirical research, proving that an expert’s thinking has “passed muster” of their peers. This shows mastery of the subject at the level of an empirical researcher who contributes to the field. Third is teaching a college-level course at an accredited college or university. This shows mastery of the subject at a professorial level deemed sufficient to pass on wisdom to students in the field. The final “Gold Standard” that can be offered by an expert is the authorship and publication of a textbook used at an accredited college or university in courses taught by others. This shows a broad mastery of the field at a level that is relied upon by other academics and professors in the field.

Additionally, practical experience working in the field of economics and finance in academia, or in industry, outside the area of expert witness testimony, should be viewed as important. An ivory tower academic “egg head” may lack practical knowledge. If the consultant does not have the proper education and training and other accompanying credentials; discrediting his or her testimony can easily happen. The crossexamination will concentrate on the relative lack of credentials, not on the opinions.

CONCLUSION Fair and unbiased estimates produced by a properly trained expert economist may shorten the dispute and reduce case expenses, and increase the likelihood of a settlement. The simple biases discussed here are easy to detect by hiring attorneys, and should be abided by either side. Most Ph.D. economists adhere to and use proper economic standards; but by keeping in mind some simple principles you will help to insure it. Laid head to toe, all the biased economists of the world may never reach a fair conclusion.

Nevertheless, you should not be forced to accept anything less.

Stan V. Smith, Ph.D., is president of Smith Economics Group, Ltd. headquartered in Chicago.

Trained at the University of Chicago (one of the world’s pre-eminent institutions for the study of economics and the home of the law and economics movement), Smith has also taught at the university and co-authored the first textbook on the subject of economic damages. A nationallyrenowned expert in economics who has testified nationwide in personal injury, wrongful death and commercial damages cases, Smith has assisted thousands of law firms in successful results for both plaintiffs and defendants, including the U.S. Department of Justice. To that end, Smith also developed the first course in forensic economics at DePaul University, and pioneered the concept of “hedonic damages,” testifying about the topic in landmark cases. His work has been featured in the ABA Journal, National Law Journal, and on the front page of The Wall Street Journal. Kyle Lauterhahn is a Senior Economic Analyst at Smith Economics Group in Chicago.

Vegas Legal Magazine Winter 2017 | Pg. 29

MEET THE

INCUMBENT – Judge Rob Bare

In this edition of Meet The Incumbent, VLM interviews Judge Rob Bare,

a judge in Department XXXII of the Eighth Judicial District Court. Bare began his career as an attorney in the U.S. Army Jag Corps. When the opportune time presented itself, he decided to surprise his mother and run for the position of judge, the pinnacle of the legal profession. It is his love, service and respect for his family and others that drives him. Bare is a graduate of the University of Pittsburgh School of Law and a former Bar Counsel for the State Bar of Nevada.

Vegas Legal Magazine: What did you do before becoming a judge?

Judge Bare: I was an Army Lawyer (Captain, U.S. Army Judge Advocate General’s Corps), Bar Counsel for the State Bar of Nevada, and I accepted an assignment as a Municipal Court Judge in 2007.

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

JB: I tried a professional discipline case that I prosecuted as Bar Counsel for the State Bar of Nevada concerning allegations that an attorney had misappropriated nearly $400K from client trust accounts. It was a weeklong trial where I called a number of her former clients as witnesses and I assisted them in telling their stories. Each story was incredibly compelling.

Tremendous damage is done when a lawyer steals money from client(s).

The lawyer was disbarred and, perhaps more importantly, the sworn testimony from clients helped to get them at least partial reimbursement for their losses.

VLM: What made you decide to run for judge?

JB: The experience I had when I was in Municipal Court made me feel that the judiciary was the right place for me. In addition, though it may sound sentimental, the truth is that I started my life in an orphanage and was adopted, and I wanted my election to happen during my mom’s lifetime (since she was in her late 70’s at that time). My investiture was essentially a tribute to my mom.

VLM: What does being a judge mean to you?

JB: I was honorably discharged from the U.S. Army after deciding to settle in Nevada and practice law in 1993. You can take yourself out of the army, but you can’t take the army out of yourself. Though I don’t think I’m a general, I do feel like at times I am a colonel. What I mean is this: I view being a judge as having a higher responsibility and is therefore the pinnacle of our profession, similar to the rank structure in the armed-forces.

VLM: What is your favorite and least favorite thing about being a judge?

JB: My favorite thing about being a judge is presiding over a jury trial. My least favorite thing is when the trial settles. Really! I enjoy the drama and display of professional skills that good lawyers bring to the courtroom.

I am also proud of the public who take time out of their busy schedules to resolve disputes as members of a jury panel. I love watching the constitutional right to a jury trial play out.

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

MEET THE INCUMBENT JB: I was asked to determine whether the procedure that the county commission used to dissolve or abolish the position of Constable was fair.

After a hearing process, I did determine that their decision to no longer have a Constable in Las Vegas was proper.

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

JB: In Municipal Court, under city law, it was a misdemeanor to have more than 3 dogs. When those cases came up, it was evident to me that the offender who had 4-5 dogs took better care of their dogs than most people with 1 or 2 dogs. Within the ethical allowable boundaries at sentencing, looking back, I would normally not be very harsh in sentencing those cases. In other words, though as a court I would always enforce the law, along with both the defense and prosecution, we would often find creative ways to provide for no repeat offenses on these cases.

VLM: 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?

JB: I had a non-lawyer showing up to our misdemeanor appeal calendars, reaching out to pro se litigants, and essentially offering to represent them. It became apparent that this was the unauthorized practice of law. I issued a specifically tailored contempt order to stop him. Looking back, I have learned that the better practice in any contempt scenario is to make more specific findings and scrupulously follow technical trappings of contempt procedural law as this is an area wrought with pitfalls for judges. At the end of the day, my handling of this mess worked, and the unauthorized practice stopped.

VLM: What’s your biggest pet peeve caused by attorneys that appear in your courtroom?

JB: My biggest pet peeve is when attorneys, in an inappropriate manner, direct questions or arguments to each other instead of the court.

VLM: What is your best piece of advice for litigants and/or attorneys?

JB: To litigants: Though not legally necessary, in civil cases, get a lawyer.

To attorneys: The most important asset as an attorney in Nevada is your reputation.

VLM: What is your passion outside of law?

JB: Jeep trips throughout Nevada. I have a 3-day jeep trip mapped out that is a result of trial and error over fifteen years that, if you go on, you’ll more than likely want to get a jeep! I also have a passion for artwork; both my own and others. I also enjoy red wine induced philosophy talk with my wife.

VLM: What do you love most about Vegas?

JB: Restaurant hours!

Vegas Legal Magazine Winter 2017 | Pg. 31

Farewell

Marshal Bill – By Judge Matthew Harter

F

or those who work or practice at Family Court, everyone knew “Marshal Bill.” William Michael Datthyn was born on October 13, 1971, in New York and tragically passed on September 3, 2017, on a river in Idaho. Bill is survived by his mother, 2 brothers, 1 married sister and their children. A memorial was held at City Hall on September 15, 2017. Stories from his life were shared by both family and friends. I was approached by Vegas Legal Magazine to do a story on Bill from my personal perspective since not only was I his boss, he was a best friend. I was awoken many times during the weeknights leading up to my talk given at his memorial and I took them as Bill giving me hints as to what he wanted me to say. In the past week, this has occurred yet again. That is when this article changed from silly stories from our “bromance” to a simple acknowledgment of Bill’s heroism.

Bill followed in his mother’s footsteps and became an NYPD officer in January 1993. He obtained special permission to wear his mother’s retired shield #891. Bill was in New York for those tragic events of September 11, 2001. Fortunately, he was not in or around the buildings that came down on that fateful day. Bill did know some of the first responders that perished and in the long weeks afterward, he worked tirelessly in the cleanup efforts of that enormous aftermath.

Bill discussed generally what he did in those cleanup efforts, but the specifics he kept mostly to himself. From what Bill said, he was involved in the discovery and cataloging of body parts as they were recovered. His sister stated at the memorial that Bill would often brag that he got to eat for free at Olive Garden after his long shifts.

In May 2006, Bill was in a motorcycle accident where he sustained injuries that would not allow him to continue his NYPD service. He later moved to Las Vegas and was hired briefly by the Transportation Security Administration (TSA), a subdivision of the Department of Homeland Security. This was his way of trying to continue to keep our country safe. However, as you may recall from the many news stories at the time, the TSA was in complete disarray. Bill could not handle chaos; he needed things to be neat and organized. As a result, he resigned from the TSA and took a job as an Administrative Marshal at Family Court in January 2007.

I hired Bill as my Judicial Marshal prior to taking the bench in January 2009. We worked together from my first day on the job until his last day on the job. 9/11 was always a special day for Bill. He would always bring to work a small corner of stone every 9/11 to remind fellow employees, attorneys, litigants, etc. to “never forget.” I am certain that piece of stone from those hallowed grounds was his most cherished object in this life. At his memorial, the U.S. flag flown at half-staff at Family Court on September 11, 2017, was presented to Bill’s family as a token of his dedicated service.

Bill was a protector. As a judge, it is truly overwhelming to contemplate that a fellow human being has taken an oath to protect my life. I have no doubt that Bill would have sacrificed his life for me or my family. I would often bring Bill along to social events as he loved to socialize. If the event included other judges and had no security, he then became the security. Bill would take a strategic position in the room and constantly scan for any issues. When judges would slip out of the event, he would escort them to their car to ensure they left safely.

He was not paid a dime for this service.

Bill was compassionate. Every Valentine’s Day he would buy 100 roses and hand them out to all the female employees in the building. He wanted to ensure that everyone was recognized on that day and that no one was overlooked. Except for the hot summer months, Bill held a monthly barbeque in our parking lot, sending reminders out to the whole building. Tips were accepted, which he would put toward the next month’s costs. Normally, he personally just funded the difference.

It was done not only to feed those who enjoyed his cooking, but to also create a social environment. Bill had a photographic memory.

Whenever we walked the halls and someone would ask him when the next barbeque was, he could later tell me their name, job title and a few things personal things about them.

A few weeks before he passed, Bill received a phone call from his doctor while we were preparing for court. He then approached me and disclosed that he had been paying out-of-pocket every year for specialized tests to ensure that his service at Ground Zero had not affected his health. Bill disclosed that whatever levels they were monitoring had just become elevated. For the first time ever, I could sense fear in my friend. I tried to console him that tests were often wrong and everything was going to be just fine. Bill then decided to take a last minute trip to go be with his family when the accident occurred.

I do not profess to know all of life’s answers. However, I do believe that all things happen for a reason. My belief of this tragic accident-it was Deity simply having compassion on this faithful servant of our community and not allowing him to suffer or endure incomprehensible pain. I miss my best friend. Just the other day an attorney gave me his condolences. He teared up, so did I and then we both became blubbering messes. What would cause 2 grown men to sob like children? It was the service, compassion, protection, heroism, and friendship of William Michael Datthyn. Godspeed Marshal Bill!

Vegas Legal Magazine Winter 2017 | Pg. 33

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egas Legal Magazine is proud to award nine exquisite attorneys for their excellence in the field of law. These attorneys were independently nominated by the public and their peers within the city’s law community—attorneys, judges and other related professionals.

At Vegas Legal Magazine, we pride ourselves on our autonomy and unbiased reporting. In that vein, we’re proud that our honorees are being awarded based upon their own merit…merit that we, as a publication, are merely broadcasting. Congratulations to the following winners of the 2017 Vegas Legal Magazine Legal Excellence Awards. We hope your commitment and dedication to the field of law continues to serve and support your communities and the people in them for years to come.

Ross Goodman, Esq.

Ross C. Goodman, Esq. Criminal Defense

What makes your law firm different from others?

I have been practicing law for over 20 years and recognized as a Board Certified criminal defense lawyer. Knowing that hiring a lawyer can be one of the biggest decisions someone makes, I take pride in providing both personal attention and attention to the details of the facts of the case. Everyone deserves to have someone that is capable of fighting for every inch to get the most favorable resolution possible especially when facing prison or loss of employment.

What is the most common advice you give to clients or potential clients?

There is no doubt that being charged with a crime is one of the most stressful times a person faces. The criminal justice system works slowly which can cause even more anxiety. Under these circumstances, it is important for the client to remind themselves to trust the lawyer they selected to know how to best navigate the process. I make it a priority to keep my client in the loop while preparing for case to help alleviate the inevitable stress and anxiety experienced by most people.

What made you want to become an attorney?

Everyone in life makes mistakes and I always believed in fighting for people and especially those people where the deck may be stacked against them. Everyone deserves a second chance and the protections afforded to them by the constitution. I pride myself in methodically preparing a case by leaving no stone unturned ensuring that my client receives the best defense possible.

Jordan Savage, Esq. Public Defenders Office

What makes your law firm different from others?

The Public Defenders Office is very different than just about any law firm in the State. The Chief Public Defender, Phil Kohn, has made the law firm the most diverse in the state by taking the initiative to recruit the best and the brightest from diverse backgrounds. Both Phil Kohn and Assistant Public Defender Daren Richards have been instrumental in developing ideas and strategies to make the delivery of services to our clients more efficient and effective. There is strength in numbers and the 100 plus attorneys in the office provide strong mentorship and professional development for new attorneys. In addition, the leadership of the office has done an incredible job securing top quality representation and services for our indigent residents. In addition to the lawyers defending cases, the office has a social work division exploring diversion and treatment options instead of incarceration. Through the outstanding efforts of Christy Craig, our office has been a leader in the community with respect to changes and upgrades to mental health services and the mental health system within the criminal justice system.

What type of law do you practice and why did you gravitate toward it?

I am the training coordinator for the Public Defenders Office. I run a 6 week training class for new lawyers in the office. I first developed a strong interest for indigent defense as an undergraduate intern in the Public Defenders Office in Miami, Florida. My own experience as an intern many years ago is one reason I am so dedicated to hosting interns every semester. Our office strongly believes in an effective internship program so students can learn about the profession by spending a semester with us. We place law students from all over the country and many get law school credit for the internship. In addition, under Nevada Supreme Court Rule 49.5, students are able to argue and make representations on the record under the supervision of a senior attorney. Many of our prior interns are now practicing lawyers with the office.

Do you have a personal code or goal as a practicing attorney?

My professional principle has always been that we are always a work in progress. We should always be trying to take it to the next level.

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LEGAL EXCELLENCE AWARDS

Don Martin, Esq. Lewis Roca Rothberger Christie Real Estate & Transactional Law

What makes your law firm different from others?

Although our firm is fairly large, we are able to provide service to clients of all sizes – from individuals and small businesses on one end of the spectrum, to Fortune 500 companies on the other. We pride ourselves on making sure each client, regardless of size or matter type, is treated with respect and sound legal services. We have approximately 300 attorneys in 10 offices spread across 5 states, but the people here make the working environment and our clients feel like a family. I have clients that I have represented for nearly 20 years. It is really about the relationships that we build. The firm stands out in my mind for making that happen.

What is the most common advice you give to clients or potential clients?

I always recommend that it is far better to spend the time, effort and money, doing the deal the right way, rather than trying to fix problems after it is closed. Due diligence and proper legal documentation will reduce the risks and possibilities of ending up in litigation. While legal documentation and representation cannot save you from “bad actors”, it can reduce the arguments and/or defenses those “bad actors” have, when they default or breach. That saves the client time, money, stress and aggravation. This includes doing their diligence on their choice of legal counsel and the team working with them – from real estate and finance brokers, lenders, consultants and business partners. Picking the right players for the team greatly increases the possibility of success for the project – whether an acquisition, development or finance venture. We try to be that fit for our clients and bring our experience to the table to serve their needs. Although it is very rewarding to close deals, it is also rewarding when a deal gets canceled and the client knows it was the right decision to do so. That’s one of the reasons I love the type of law I practice – nearly all of the time, all of the parties are at the table because they want to be there. No one is forced to be doing the deal.

What type of law do you practice and why did you gravitate toward it?

I practice transactional law, with a heavy emphasis on commercial real estate and real estate finance. Before law school, I worked in the mortgage industry and during my MBA, I interned with Prudential Securities – this was my finance background. My father is a civil engineer and growing up, I was always around construction and real estate projects. Given these interests, gravitating towards commercial real estate and finance was an easy choice for me. After nearly 2 decades, I still enjoy what I do on a daily basis. Papering and negotiating deals is incredibly satisfying, fun and rewarding. I love driving around town and pointing out projects to my son - “daddy worked on that deal there… and that one there…” I remember my dad telling me the same things with his construction work. Transactional work is the basis for business. I can’t imagine practicing any other type of law.

Dallas Horton, Esq. Dallas Horton & Associates Personal Injury

What makes your law firm different from others?

We practice exclusively in personal injury law. The firm is AV rated, which is the highest legal and ethical rating. We have won the following accolades: · The National Trial Lawyers Top 100 Trial Lawyers in Nevada · AV Rated by Martindale Hubbell · Who’s Who of Lawyers · Top 100 Lawyer- My Vegas Magazine · Top 100 Business Men- My Vegas Magazine · Top Lawyers- Vegas Inc. 2013 · 2016 and 2017 Top 100 Men of the Year · America’s Top 100 High Stakes Litigators What are some of your goals for 2018?

To resolve a case for 8 figures.

What are you most proud of in your years of practice?

We obtained an 8.9 Million Dollar verdict with a 9.6 Million Dollar Judgment on a motor vehicle accident with $450.00 in property damage.

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LEGAL EXCELLENCE AWARDS

Robert Dickerson, Esq. Dickerson Karacsonyi Law Group Family Law

What type of law do you practice and why did you gravitate toward it?

Over the past 41 years, I have practiced law in all areas of litigation, both civil and criminal, as well as handling transactional and estate planning matters. During the past 25 years, however, my primary area of practice has been family law – divorce, annulment, paternity, adoption, child custody, child support, termination of parental rights, premarital agreements, post-marital agreements, appeals from family law matters, etc., as well as representing abused and neglected children on a pro bono basis.

Approximately 25 years ago I was in a law practice with my father, George Dickerson, Barry Lieberman, Vince Consul, and Rick Pocker (Dickerson, Dickerson, Lieberman, Consul, and Pocker). At that time, my father started to slow down his practice as he was preparing for retirement. I still remember the day Barry, Vince, Rick, and I met to discuss whether one of us was going to attempt to take over my father’s well-respected and established family law practice. I jokingly say, “I lost the coin toss!” In reality, however, I won the coin toss because I find it to be quite rewarding to assist people and protect their legal rights as they go through one of the most difficult and heart-wrenching experiences they will encounter in their life. Suffice it to say, I thoroughly enjoy the family law practice I have developed over the past two decades, and I look forward to continuing to provide legal assistance to my clients for many years to come.

What makes your law firm different from others?

The Dickerson Karacsonyi Law Group prides itself on providing each of our clients with individualized, quality legal services, not only in the competent and thorough legal advice we provide, but also in our written paperwork and oral presentation to be considered by the family court judges. We treat each of our clients’ cases as if it is the most important thing going on in our life at the time – because it is the most important thing going on in the client’s life at the time. As we explain to our clients, sadly, life does not always go according to one’s plans. Sometimes a person needs a professional to ensure his or her rights are protected, assets are preserved, and goals are pursued. At The Dickerson Karacsonyi Law Group, our family law attorneys have successfully represented clients for over 40 years. An established and consistently top-rated, preeminent law firm, we thoroughly understand the divorce and litigation processes. We understand what is at stake for each of our clients, his or her need for discretion and privacy, and the best path to resolution.

I consider myself lucky to have such high quality and brilliant law partners (Josef Karacsonyi and Natalie Karacsonyi) and associate attorneys (Sabrina Dolson and Jonathan Chung) working with me every day to provide our clients with the best family law legal representation available in Nevada.

What is the most common advice you give to clients or potential clients?

The most critical message and piece of legal advice I can offer to my clients is the importance for the client’s credibility, as well as the credibility of his or her attorney, to be unquestioned by the court. Once the client’s, or the attorney’s, credibility is questioned by the court, the client’s case can be drastically affected, and possibly irreparably harmed. It is for this reason I do my very best to impress upon each of my clients the importance for him or her to be totally honest and candid with me, and to never misrepresent or over-state any factual representation made to the court.

Trevor Atkin, Esq. Atkin Winner & Sherrod Insurance Defense

Why I became a lawyer: When and why I ended up choosing to be a lawyer are perhaps the most common questions I get when meeting a client for the first time. My initial response has always been, and remains, ‘at the age of 13 when I realized I wasn’t good enough to hit a curve ball’. Once the reality sunk in that I would never be able to earn a living playing baseball, my first passion of life, my parents and grandparents offered the sage advice of finding something you enjoy doing, and are actually good at. Their subtle way of telling me maybe I wasn’t particularly good at baseball. What I enjoyed doing, AND was somewhat good at, was public speaking and problem solving. Not math problems, (like many of my colleagues I’m mathematically challenged), but situational challenges or problems. This ultimately led me to high school debate, and ultimately on to law school. My competitive nature, combined with a passion for figuring out the best solution to a given problem or situation, led me to become a litigator – the person who has the privilege of being the voice for a client in the courtroom.

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LEGAL EXCELLENCE AWARDS When asked to explain the type of law I practice by friends: Whenever I get this question, I jokingly reply, “You know all those ads you see for personal injury lawyers? I defend the lawsuits they file.” Early on in law school every student is reminded that they don’t get to pick their facts; rather, it is their job to deal with the facts they are dealt, and from there, advise the client of the best available options and proposed solutions. A litigator is then ultimately tasked with thinking through, designing, and carrying out an effective game plan to present to the judge and jury. The unique and mentally stimulating part of being a litigator is that throughout a given case, you are constantly trying to anticipate the moves and plans of a lawyer on the other side who is doing their best to undo and defeat all your plans. As a civil defense litigator who specializes in defending personal injury lawsuits, my clients unfortunately have in many cases unintentionally or accidentally created a situation which needs to be solved. My job as their attorney is to explain the legal process of how their accident ended up in court, my role as their attorney/counselor, offer my candid assessment of their case, propose solutions for a swift and equitable resolution of the case, and if necessary, logically and convincingly present their side of the argument to a jury at trial.

My personal code as a practicing attorney: Doing anything for 30 years, you at some point gain a firm grasp on knowing how to handle and comport yourself when facing a particular situation or problem. Soon into my practice I realized there exists quite a bit of gray among the myriad of rules governing how lawsuits are to be litigated along with rules dictating professional conduct. Given so much “gray”, the initial challenge was learning how to balance my competitive nature and desire to win, with following the prescribed rules. In sports, there is the old phrase, ‘if you’re not cheating, you’re not trying’. This is the antithesis of my personal code as a practicing attorney.

I was fortunate enough in my career to have as mentors, seasoned and well-respected lawyers who taught me there was a right way and a wrong way to practice law. Take the facts and evidence you are dealt, admit what you can, and pick the issues you will contest and try to prove. And above all, fight fair – be forthright and honest with your client, your opposing counsel, and the court. And if you ultimately come to a fork in the road of what shade of gray is the rule, be sure to fall on the side of being within the bounds of the rules. As best phrased by one of my mentors, Keith Edwards, ‘if you have to genuinely think about which of your two choices are within the bounds of the rules, then you’ve answered your own question as to which one to choose’.

It’s the same advice I give to the young lawyers in my office, and which I follow to this day – error on the side of being within the bounds of the law and professional conduct. It may not make your case any easier to win, but you’ve done what is fair and right.

J. Malcolm DeVoy, Esq. DeVoy Law Group Health Care Law, Business & Intellectual Property

When friends ask you to describe the type of law you practice, what do you tell them?

Business disputes and healthcare regulation. I still do some intellectual property work (registration, counseling, and disputes) because I have a lot of training in that area and probably will always find it interesting. I tell people that they will never see me on television. I have, however, wondered what kind of response I would get from putting “DEFAMATION?” on a billboard, along with a special phone number to track the inbound calls.

What type of law do you practice and why did you gravitate toward it?

I had kept healthcare in the corner of my eye ever since a close relative suddenly and unexpectedly died in 2011. I never thought the doctors did anything wrong; the issue always seemed more of an administrative one. At the time, though, I was working for a firm that was very focused on intellectual property and constitutional issues. When I went on my own, I was able to meet more physicians, learn about their concerns, and see that strict liability statutes like the Stark Law and its regulations were more similar than not to the Copyright Act (at least in how they operated and were enforced). Being able to help physicians treat people in need throughout Las Vegas is a very rewarding bonus. As for business disputes: It was just natural, I couldn’t keep away from it.

Do you have a personal code or goal as a practicing attorney?

The client is the main event. The most important advice I’ve seen for any attorney is found in Dan Hull’s 12 Rules of Client Service, which he published more than a decade ago on his blog What About Clients? I go back to them a few times a year and they have always been a great source of guidance. I’ve been fortunate enough to have a professional relationship with Dan, whose career has featured representing very large companies in complicated and arduous litigation—particularly environmental matters. He is living proof that his advice works.

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LEGAL EXCELLENCE AWARDS How has the legal profession changed here in the valley since you began practicing law?

I do not know if there has been a specific paradigm shift in the practice of law here since I became licensed. The changes I have seen are just the passage of time—firms form and split up, some attorneys rise quickly and others hit their stride. There are some areas that have received and will continue to receive a lot of attention, such as the ongoing super priority lien fight between the Nevada Supreme Court and United States Court of Appeals for the Ninth Circuit, but they’re essentially finite: Eventually the issues will be resolved. Ten to fifteen years ago, intellectual property infringement was a big thing because the law surrounding the Internet was still relatively new and developing. The UFC was suing Justin.tv and very active in its enforcement actions; copyright infringement litigation over everything from newspaper articles reposted on message boards to videos uploaded to YouTube was everywhere. Today, attorneys and sophisticated clients generally know which way an infringement case involving the Digital Millennium Copyright Act or use of trademarks in pay-per-click ads are going to resolve; as a result, there’s less litigation in that area, although trademark policing and enforcement work still occurs. Any changes I’ve observed, from rising and falling practice areas and working to meet the styles and expectations of new judges, all seem to be cyclical.

Christopher Lalli, Esq. District Attorney’s Office

What makes the office of the Clark County District Attorney different from other firms?

Imagine the practice of law where you are required to do the right thing, regardless of what that is or who the client might be. Imagine the practice of law where you are not fighting about money, but seeking justice in every case. Imagine a law firm where young lawyers are mentored and trained like no other law firm in the State of Nevada. Imagine going to court where you always wear the “white hat” in the face of the community.

This is the practice of law at the Office of the Clark County District Attorney.

Founded on July 3, 1909, the Office of the Clark County District Attorney is one of the oldest – if not the oldest – law firm in Clark County, Nevada. It is the largest law firm with the largest caseload in the State of Nevada. Incredible people have held the position of District Attorney over the years. These include members of the Foley Family, Harley Harmon – a founding father of Clark County, individuals who have held other elected office in our community, such as Steve Wolfson, members of the judiciary, such as Stewart L. Bell, and Bob Miller – who later became Nevada’s Governor.

We recruit nationally and attract applicants from all over the United States. We are also very proud of the fact that we have employed more graduates from UNLV’s William S. Boyd School of Law than any other employer, anywhere.

How has the legal profession changed since you began practicing law?

I have been a lawyer in Las Vegas for just over 23 years, beginning my practice in 1994. The practice of law has changed significantly since then, particularly in terms of the number of lawyers, the establishment of a law school, technology and specialization within the profession.

In the past twenty-three years, the legal community has certainly gotten larger. When I began my legal career, the Clark County legal community was small, particularly the criminal bar. The configuration of the old Clark County Courthouse located at 200 South Third Street fostered the ability to personally interact with members of the bar on a daily basis. Las Vegas Justice Court consisted of a single floor. District Court was located on two floors.

A morning walk to a courtroom in either of these courts would result in visits with countless fellow prosecutors as well as defense bar “regulars.”

A significant reason for the growth of the legal community in Clark County is the William S. Boyd School of Law. Boyd has also contributed to the development of our field. The law school serves as a positive legal resource in our State. Numerous forums and white papers have been produced by Boyd students and faculty which have contributed positively to the profession.

Technology has certainly changed the way we practice law, both in and out of the courtroom. Audio visual presentations are a must in court proceedings.

Few lawyers would consider delivering an opening statement or a closing argument without PowerPoint or Keynote running in the background. Many attorneys use these same electronic, animated visuals while examining witnesses. Similarly, when I began my legal career, email and text messaging did not exist. The preferred form of communication was picking up the telephone and having a conversation with opposing counsel. This likely contributed, in general, to more cordial relationships with opposing counsel then now exist.

Specialization within the criminal bar, particularly in my office, has significantly changed. When I began as a young Deputy District Attorney, it would not be uncommon for me to prosecute a DUI, a domestic battery, a robbery with a weapon, a drug case, an arson, and a felon in possession of firearm case – all on one calendar. Now we have specialists. We have DUI prosecutors, domestic violence prosecutors, gun crime prosecutors, gang prosecutors, murder prosecutors, sexual assault prosecutors. The result, certainly, is a higher level of advocacy in favor of victims.

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LEGAL EXCELLENCE AWARDS What is your personal code or goal as a practicing attorney?

Your reputation is everything. The English author, Ernest Bramah, is credited with writing, “A reputation for a thousand years may depend upon the conduct of a single moment.”

Many ethical rules apply to the conduct of lawyers. Prosecutors are bound by even more rules. We are heavily scrutinized by our peers, the judiciary, and the public. We who are prosecutors, therefore, must always strive to engage in conduct that is beyond reproach.

This conduct applies to all areas of the law. It applies to the rules of ethics as well as how we treat others we encounter. With respect to ethics, it is imperative not to cross the line, but also not to approach too closely to it. Error on the side of caution. Error on the side of what feels right. Error on the side of protecting your reputation. And equally as important, always seek to foster positive relationships with members of the bar who oppose you. Be the one guy in your office who can talk to the opposing counsel no one else can talk to. Remember – never, ever burn a bridge. You may need that bridge to cross a chasm one day.

Robert Daskas, Esq. District Attorney’s Office

What type of law do you practice and why did you gravitate toward it?

I have been a criminal prosecutor for 22 years. My career, however, did not begin in criminal law.

In 1993, I was ranked #2 in my graduating class at the McGeorge School of Law. I was recruited by Lionel Sawyer & Collins - - the largest, most prestigious civil law firm in Nevada at that time - - where I worked for two years as a litigation associate. I soon realized that I had a passion to become a trial attorney, so I elected to leave the practice of civil law and join the Clark County District Attorney’s Office.

I tried my first capital murder case just six months after joining the Clark County District Attorney’s office.

Less than four years later, I was promoted to the elite Major Violators Unit where I prosecuted exclusively homicides and high-profile cases for 15 years.

My prosecutions - - which include single, double, triple and quadruple homicides - - have been featured on America’s Most Wanted, Dateline NBC, 48 Hours and Court T.V. Today I serve as one of two Assistant District Attorneys in the Criminal Division of the District Attorney’s Office. I supervise the nearly 100 prosecutors who comprise the Homicide Unit, Gang Unit, Gun Unit, Special Victims Unit, Domestic Violence Unit, Vehicular Crimes Unit and General Litigation Teams.

Is there a professional accomplishment of yours that stands out?

I drafted the Clark County District Attorney policy which outlines the Office’s response to, and involvement in, officer-involved-shootings. The policy requires all Clark County law enforcement agencies - - regardless of the day or hour - - to contact me personally when an officer-involved-shooting occurs in Clark County. I have responded to more than 90 scenes since inception of the policy and have logged thousands of miles and hundreds of hours outside of normal business hours, all while continuing to perform my day-to-day duties in the office. I also supervise the prosecutors who ultimately conduct Police Fatality Public Fact-finding Reviews, the public hearings which are held following fatal officer-involved-shootings.

While law enforcement and prosecution agencies across the country have struggled with their response to officer-involved-shootings, and while other communities deal with protests and riots in reaction to such events, the Clark County District Attorney’s Office has been at the forefront in handling these cases and minimizing negative reaction to such tragedies. I am often invited to speak to law enforcement and prosecution agencies regarding the model I developed. I am very fortunate to work collaboratively with such dedicated and professional members of all the law enforcement agencies in Clark County, and in particular the LVMPD Force Investigation Team, who respond to officer-involved-shootings. Collectively, we ensure these incidents are thoroughly investigated, and we provide the public with transparency. I firmly believe it results in our community having trust and confidence in our police officers.”

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Court of Public Opinion Preparing For Trial With A Mock Trial –By Mark Fierro

O

ne of the most difficult aspects of trying a major case whether it’s civil or criminal is simply not knowing how a jury will interpret the major aspects of your case. More problematic, the closer an advocate is drawn into building their case the more likely they are to be blinded by their depth of understanding their own arguments. A sort of target fixation occurs.

The use of focus groups can help you understand the jury’s attitudes and prejudices long before you walk up the courthouse steps. We recently worked closely in presenting a mock trial before a focus group on a civil case with Las Vegas attorney Dan Carvalho. The case resulted in a settlement of tens of millions of dollars. In this segment of The Court Of Public Opinion, we interview Mr. Carvalho on the topic of mock trials and focus groups.

what they all had to say about it — when you start to see the trends of 29 of 30 not willing to go above 20 percent comparative negligence, you start to realize that these arguments work on something that’s critically important to them. They get it.

It may look like a large expense initially, but it almost always pays for itself, doesn’t it?

From the plaintiff ’s perspective, when you only get paid as an attorney if you recover, what always motivates me is the fear of not recovering.

If you’re really doing a good job for your client, you have to treat it like you can’t lose. What do you have to do to prepare yourself to not lose? You outprepare, outwork your opponent. Doing what we did is part of just that.

Q: After going through the mock trial and focus group, what is the critical advantage you’ve seen?

If the stakes are high enough, I think you have to do focus and mock trial research in your case. Not doing so means not doing as good a job as you can do.

Dan Carvalho: There is no form of trial preparation, in my opinion, that gets you ready to put on your case better than to actually go through a mock exercise of it.

If mock jurors overwhelmingly back you in mock, can confidently make a much stronger demand?

In other words, your evidence that you think is going to work well, or not work well, it’s just what you think. But once you’ve exercised it — in this recent case we worked on we had 30 human beings and we got to hear

That’s another great thing about it. At first in this case, less money was offered. If that mock research turned out differently, I probably would have taken the lesser amount.

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When the stakes are as high as they were, I think you have to get that mock research done, so you can help your client make a good decision, because ultimately the client is the one who decides whether or not to accept an offer. I can recommend for or against, but they ultimately have to do it.

When you have a piece of land, you get an appraisal. Well, we are the appraisers of these cases. And if you want to be able to do a good job for your client, and tell them what it’s “worth,” you have to do the research.

In this case in particular and other cases in general, what are you looking for in mock trials and focus groups?

You always go in, in the back of your mind, hoping to get a great result.

The reality is that we do not want to put on a case that is most favorable to us in a mock, meaning, for example, most of the time, at the time you do the mock, most of the evidentiary issues are not resolved. You hope to get some evidence in, or keep out evidence that’s harmful.

When we did mock in this case, the stuff we wanted left out, we let it in. We wanted to see how a jury was affected by this stuff.

For instance, when I saw that jurors in this case weren’t particularly interested in taking comparative negligence on, it took a lot of concern out of the situation. That helps you focus on how you’re going to prepare for trial.

For somebody who has never done a focus group, it seems like a big task.

In reality, how much additional work is it?

It is certainly much less work than preparing for and conducting a significant jury trial, for a multitude of reasons.

We did what we refer to as “clopening,” which is half opening statement, half closing argument. You’re essentially doing a little bit of both all at once.

On a scale of 1 to 10, where 10 is most strongly agree, rate the statement, “Focus and mock trial is critically important to a major case.”

10. You cannot afford not to prepare. I’ve done them and learned that the offer is probably more than I’m likely to get at trial. I’ve spent the money and I’m glad I learned that. Or you could have the inverse occur and realize you should not take less than everything that is available.

When the stakes are that high, you have to do everything you can in order to find that out.

This is really a road map to success, isn’t it?

Without question, focus research helps you conduct the actual trial at a level that is much higher than you ever could have done just walking into the courtroom for the first time and giving your opening and examining witnesses just based upon what you think is going to be most effective.

When you have the opportunity to conduct that exercise, and learn from a sufficient number of people what moved the needle for them, it allows you to tighten up everything you do from jury selection to closing arguments.

It allows you to focus on what is important and what is not, whether it is something that may be helpful or harmful to your case.

Mark Fierro began his career as a reporter/anchor at KLAS-TV, the CBS television station in Las Vegas. He worked at the U.S. House of Representatives in Washington, D.C. He served as communications consultant on IPO road shows on Wall Street. He provided litigation support for the Michael Jackson death trial. He is president of Fierro Communications, Inc., and author of several books including “Road Rage: The Senseless Murder of Tammy Meyers.” He has made numerous appearances on national TV news programs.

Vegas Legal Magazine Winter 2017 | Pg. 49

Photo by shutterstock

COVER STORY

THE FIRST DAUGHTER RISES:

IVANKA TRUMP POWER PLAYER IN THE MAKING

—By Valerie Miller

T

ry to picture this: It’s the year 2028, and there’s another “President Trump” elected, but this is one is named Ivanka.

Okay, 2028 is a very long way off, and this scenario is pure speculation right now. But, then again, so was similar talk about Ivanka’s father – Donald Trump – some 30 years ago, and, after all, Ivanka is already a familiar face in American living rooms, much like her father.

The blinding glare of public scrutiny is all over the first family of President Donald Trump. But, that spotlight is nothing new for his oldest daughter, Ivanka. Now part of a “power couple” with husband Jared Kushner, some observers wonder if this young lady- who is so familiar to America -- could become the most powerful woman in politics.

“You’re fired!” That famous catch phrase sprung up in 2004, uttered by a then-billionaire real estate baron Donald Trump, in his first season of NBC’s reality television series, The Apprentice. While most of the focus was on “The Donald,” a young woman executive on that show was sometimes as tough on contestants as Donald Trump himself. That stunning then-twentysomething blonde was Donald Trump’s oldest daughter, Ivanka. Now more than 13 years

after the debut of the long-running show, The Apprentice, Ivanka is in a position perhaps few could have imagined back when she was critiquing the way various contestants fulfilled their assigned challenges: She is the first daughter and senior advisor to the president of the United States of America.

Ivanka Trump, now 35 and the married mother of three children, is still the stunning young woman that caught the nation’s eye on The Apprentice. But that tough, no-nonsense image she cultivated on television has softened some with time, and even more so after becoming a wife and mother.

Part of the intrigue with Ivanka may also stem from the fact that it has been about a quarter century since America has had a president in office with some full-grown, well-established adult children -- namely Ivanka, Donald, Jr., and Eric Trump. That’s the theory of local historian Michael Green. (Donald Trump’s youngest son, Barron, is now 11. Meanwhile, his youngest daughter Tiffany is also grown, but she just graduated college last year).

“This is the first time, since the elder (President) George (H.W.) Bush, that the president’s children included adults,” explained Green, who is also a history professor at the University of Nevada,

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FIRST DAUGHTER RISES

Las Vegas. “Chelsea Clinton, and the (former President Barack) Obama daughters, were much too young for speculation on their political futures. George W. Bush’s daughters were in their teens, or something.”

attention. The two brothers are hunters and photos of the brothers with animals they killed had brought on outcries from some animal rights proponents, along with then-presidential candidate Hillary Clinton, Green recalls.

The Kids Are Alright

“Eric and Donald, Jr., have their own set of issues. You would have never seen Chelsea Clinton go big-game hunting,” he says. These are part of the pitfalls of being the adult children of a president, or presidential candidate.

Longtime Democratic political consultant Dan Hart is a little more critical of Donald, Jr., saying President Donald Trump’s namesake is “far from understanding politics.” But Hart believes Ivanka might have a future in politics, if she decides she wants one. “I think people have a lot of tolerance of her,” Hart says of Ivanka.

“People have opinions of her, but not a well-formed opinion of her.”

There’s been a long string of presidents with only school-aged children since the elder Bush was in the White House from January 1989 to January 1993. He was followed by President Bill Clinton, who was in office from January 1993 to January 2001. The schoolaged Chelsea Clinton lived in the White House with her parents, Bill Clinton and Hillary Clinton.

Bill Clinton’s presidency gave way to the two terms of the George H.W. Bush’s son, George W. Bush, in January 2001. The younger Bush moved into the White House with his own two twin daughters – Jenna and Barbara Bush. But the twins were both busy with high school and college during his presidency. After George W. Bush left office in January 2009, President Barack Obama took office, bringing with him his own two (even younger) daughters – Sasha and Malia Obama.

“Ivanka is not the first (adult child of a sitting president), but she is the first in a long time,” Green points out. “She has also been the one (child) most involved in her father’s political ambitions.

Besides, Ivanka is the most public of President Trump’s children, only adding to the curiosity about her future plans, the UNLV professor adds. “There’s difficulty in the adjustment. Barron stayed in New York to finish the school year before moving to Washington, D.C. While (younger) daughter, Tiffany, seems to avoid the limelight.”

Ivanka Trump recently spoke publicly about first coming to the Washington. D.C., to work with her father.

“It’s incredible. It takes time to acclimate to the intensity of the experience,” she told Us Magazine. “But it’s truly remarkable, and I feel so blessed to be able to come to work at the White House.

“I truly get goosebumps just walking through the door, and I think I will always feel that way. I hope I’ll always feel that way,” Ivanka Trump continued.

Meanwhile, President Trump’s grown sons, Donald Jr. and Eric, have had some difficulties with being the focus of worldwide

Vegas Legal Magazine Winter 2017 | Pg. 52

All of then-candidate Donald Trump’s grown children – including Tiffany Trump – spoke at the 2016 Republican National Convention in Cleveland, on behalf of their father. Ivanka, Donald, Jr. and Eric, also gave many television and radio interviews during the campaign, to “stump” for their dad.

In the battleground state of Nevada, the three oldest Trump “kids” all guested on Las Vegas’ KXNT CBS radio with talk show host, and political commentator, Alan Stock. A Trump backer himself, Stock also gives high praise to Donald Trump’s three older children, calling them “well mannered” and “good humored.”

Stock has a high regard for Ivanka, but doesn’t think she wants to run for office herself, citing both her young children and the desire of most first families to get out of politics altogether once they leave the White House.

“Let’s just face it, she is poised, she speaks well, she is attractive, she doesn’t come across like a crazy of any kind,” he says of Ivanka. “I don’t think she was a Republican, as a matter-of-fact. I think she was independent, nonpartisan, especially.”

The Loyal Trump Supporter Not long after her father’s upset win over the former secretary of state and former first lady, Hillary Rodham Clinton in November 2016, Ivanka Trump and Jared Kushner were appointed as senior advisors to the president-elect. Donald Trump left his company to run by his two adult sons – Donald, Jr. and Eric – while Ivanka and Jared prepared to move to Washington, D.C. In tow with the young couple were their three children Arabella, 6, Joseph, 4, and

COVER STORY

Theodore, 18 months.

Ivanka was regnant with Theodore during Donald Trump’s 20152016 presidential run. The loyal daughter made appearances on the campaign trail with – and for -- her father almost right up until the time she gave birth. Donald Trump even once joked about the then-very-pregnant Ivanka possibly giving birth during one of his famous – and often raucous – campaign rallies. (Fortunately, the baby was born in a hospital, instead).

With her father’s struggle to get the woman’s vote away from a woman (Hillary Clinton) who would have been the first female president, Ivanka was able to do something that her brothers Don, Jr. and Eric could not: She is a living example of a woman that was helped and nurtured by Donald Trump.

“She helped her father with the fence-leaning voters,” especially after the now-infamous Donald Trump-Billy Bush Access Hollywood tape was released in October 2016, Stock says.

Ivanka also takes a lot of heat from detractors, notes Las Vegasbased national radio host Wayne Allyn Root. The WAR Now: The Wayne Allyn Root Radio Show host says that Ivanka and her husband, Jared Kushner, will never be able to do anything right in the eyes of some critics.

“Liberals hate Jared and Ivanka reflexively ... just because they are President Trump’s children and son in law,” answers Root. “No one knows exactly what they stand for. I’ll reserve judgement, except for one issue: Jared loves Israel. I love Israel. So, he starts off on the right foot with me!”

“I Don’t Know If She Is A Liberal Or A Conservative” The oldest first daughter was an independent prior to her father winning the presidency. “Ivanka remains an enigma,” says Green.

“I don’t know if she is a liberal or a conservative,” the historian adds.

Furthermore, opinions she may have expressed as a celebrity aren’t “policy statements,” but just that – opinions, according to Green.

Will she seek office? Root won’t hazard a guess on that one. “That’s up to Ivanka,’ says the author and avid Donald Trump backer. “I don’t know yet where she stands on issues. She is a blank slate. I don’t vote for anyone based on celebrity and brand recognition.

Let’s see her agenda, then I’ll tell you if I support her.”

Democratic political consultant Dan Hart says Ivanka could start a potential political career by running for either congress or, perhaps, even governor of her home state of New York. “New York is a fertile ground for celebrities and well-known people to move in and run for office,” he points out. “She could certainly be effective as a governor or as a U.S. senator. But a governor’s position would be harder for her, as it is a service-delivery job, while a U.S. senator (position) involves policy-making.”

Under The Influence?

Critics complain that Ivanka Trump – and husband Jared Kushner – have too much influence on the president, and as family, shouldn’t be working in the White House. But Stock says it is not unheard of for presidents to install relatives in high posts.

Stock points to the early 1960s, and then- Democratic President John F. Kennedy appointing his brother Robert F. Kennedy as attorney general. Of course, JFK was assassinated in 1963, before his term expired. RFK ran for president in 1968, but was himself assassinated during the primary season. (Republican Richard Nixon would ultimately win the presidency that year).

“In terms of her being an influence on her father, I think without a doubt she’s been an influence,” Stock says of Ivanka. “She had to be an influence. They moved her into the White House. I mean, she has an office that she occupies in the White House. So, you know he thinks very highly of his own daughter to have her there.” Stock thinks Ivanka has had an influence on her father when talks about the budget, and her signature cause: the issue of day care and paidfamily leave. “That would have never had happened, had she not brought that up,” Stock says.

Ivanka Trump discussed her goals, for working in her father’s administration, in a recent Us Magazine interview. The senior advisor said those goals included “providing opportunities, like encouraging female and minority entrepreneurship in this country.” She added that: “Skills training needs to start with our youngest students and include our oldest workers, who have been displaced by technology. (I will also be) advocating for today’s dual-income families and for paid family leave.”

Root assesses Ivanka Trump’s influence this way: “Trust me, President Trump always listens to Ivanka, but makes his own decisions.”

Valerie Miller is an award-winning freelance writer. She can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.

Vegas Legal Magazine Winter 2017 | Pg. 53

Business Report

56 // Distinguished Doctors of 2017 59 // The Emperor’s New Coins 63 // IRS Audits 65 // Money Matters 66 // Behold The Velar 68 // State Of The Market

“Building a mission and building a business go hand in hand.”

– Mark Zuckerberg

BEST IN MEDICINE

Distinguished Doctors of 2017 Dr. Michael Elkanich has been a proud member of the Las Vegas community for years and has been practicing at Bone and Joint Specialists since 2008. His undergraduate education began with a B.S. in Microbiology and Immunology from the University of Arizona in 1993, followed by receiving the title of Doctor of Medicine from the University of Arizona in 1997. To complete his specialty in bone and joint-related issues, Dr. Elkanich completed his internship and residency in orthopedic surgery at the University of Illinois at Chicago in 1997 and 1998. He then continued his postgraduate training in the Division of Orthopedic Surgery at Stanford University from 1998 to 2003 and completed a Spine Surgery Fellowship at the American Institute of Spinal Surgery in Sacramento from 2003 to 2004.

Phone: (702) 228-7355 | 2680 Crimson Canyon Dr., LV, NV 89128 | 2020 Palomino Ln., LV, NV 89106 www.lasvegasspinesurgeon.com

MICHAEL ELKANICH, M.D.

Dr. Haduong has dedicated more than two decades of his career to diagnosing and managing chronic pain patients through traditional, functional and eastern medicine. He has exceptional ability to keenly and patiently listen to his patients. He personally takes his time to manually exam his patients with complex medical issues so that he can properly manage their symptoms, address the root of their problems and start managing their ongoing journey towards healing, prevention and optimal health. With the unique blend of eastern, western, functional, holistic, and energy medicine, Dr. Haduong is able to integrate his knowledge and experience to give exceptional care to his patients. Dr. Haduong attended University of California School of Medicine in Irvine and completed his anesthesiology residency with added pain management qualification training at Los Angeles County Medical Center

Phone: (702) 228-7355 | 2680 Crimson Canyon Dr., LV, NV 89128 | 2020 Palomino Ln., LV, NV 89106 www.lasvegasspinesurgeon.com

QUAN HADUONG, M.D.

Dr. Hanna graduated from Wayne State University School of Medicine. He then completed a 6 year surgical residency at William Beaumont Hospital. Dr. Hanna is Board Certified by the American Board of Surgery since January 2014. Dr. Hanna attended Kleinert/Kutz Hand and Microsurgery Institute where he trained and became proficient in minimally invasive hand surgery, compressive neuropathies, and fractures of the hand, wrist, and forearm. Dr. Hanna trained in minimally invasive upper extremity surgery and has expertise in caring for hand and wrist tendinopathies.

Phone: (702) 909-4990 | 9975 S. Eastern Avenue, #110 | Fax: (702) 909-4992 www.drkennyhanna.com

KENNY HANNA, M.D.

Dr. David Lanzkowsky is Board Certified in Anesthesiology and Pain Management. He received his medical degree in 1984 and went on to complete his Anesthesiology residency at SUNY at Stony Brook in New York. Dr. Lanzkowsky founded Centennial Medical Group in 2001.

Since then, he continues educating himself on the latest state-of-the-art interventional pain relieving procedures. Dr. Lanzkowsky has extensive experience in the med-legal field for both plaintiff and (formerly) defense. This allows him to be objective in his treatment of patients who are injured as a result of accidents. Not only does he provide expert reports for litigation, he also does second opinion reports where he reviews all of the patients’ treatment and gives his opinion on treatment/future treatment recommendations. He is fluent in both Spanish and English. As a devoted family man and avid winter sportsman, he enjoys spending time with his family in Park City, Utah.

DAVID LANZKOWSKY, M.D.

Phone: (702) 839-1203 | 4454 N. Decatur Blvd., LV, NV 89130 | 2110 E. Flamingo Rd., Ste. 330, LV, NV 89119 www.centennialspineandpain.com

NEVILLE CAMPBELL, M.D.

ANDREW CASH, M.D.

PAIN MANAGEMENT

SPINE ORTHOPEDICS

PH: (702)476-9700

PH: (702) 630-3472

Center For Wellness & Pain Care

Desert Institute of Spine Care

311 N. BUFFALO DR., STE. A LAS VEGAS, NV 89145

9339 W. SUNSET RD., #100 LAS VEGAS, NV 89148

BABAK GHUMAN, M.D. Nevada Spine Clinic PAIN MANAGEMENT

TOURAJ HABASHI, D.D.S Providence Dental COSMETIC DENTISTRY

PH: (702)320-8111

PH: (702)728-5992

LAS VEGAS, NEVADA 89128

LAS VEGAS, NEVADA 89128

1681 HORIZON RIDGE PKWY. HENDERSON, NV 89012

7140 SMOKE RANCH RD.

MICHELLE HYLA, D.O.

Southern Nevada Medical Group PERSONAL INJURY MEDICINE PRIMARY CARE

PH: (702)386-0882 1485 E. FLAMINGO RD.

LAS VEGAS, NEVADA 89119

MICHAEL TRAINOR Advanced Orthopedics & Sports Medicine

ORTHOPEDIC SURGEON

PH: (702) 740-5327 8420 W. WARM SPRINGS RD., STE. 100 LAS VEGAS, NV 89113 2904 W. HORIZON RIDGE PKWY., #101 HENDERSON, NEVADA 89052 6850 N. DURANGO DR., STE. 218 LAS VEGAS, NEVADA 89149

7181 N. HUALAPAI WAY, STE. 105

ROMAN SIBEL, M.D.

Orthopedic Foot & Ankle Institute FOOT & ANKLE ORTHOPEDICS

PH: (702)997-9833 10105 BANBURRY CROSS DR. LAS VEGAS, NEVADA 89144

TIMOTHY TRAINOR Advanced Orthopedics & Sports Medicine

ORTHOPEDIC SURGEON

PH: (702) 740-5327

8420 W. WARM SPRINGS RD., STE. 100 LAS VEGAS, NV 89113 2904 W. HORIZON RIDGE PKWY., #101 HENDERSON, NEVADA 89052 6850 N. DURANGO DR., STE. 218 LAS VEGAS, NEVADA 89149

The Emperor’s New Coins: How Initial Coin Offerings Fueled A $100 Billion Crypto Bubble –By Laura Shin

O

n April 24, Martin Köppelmann, 31, Stefan George, 29, and Matt Liston, 25, placed their laptops on a long wooden dining table ringed by high-backed wooden chairs and three-armed candelabra at their Airbnb in Gibraltar. It was an old-fashioned setting for a 21st-century moment.

The three were about to launch a Kickstarter-style crowdsale, based on a concept they’d been developing for two years: a user-driven prediction market based on a coming “Cambrian explosion of machine intelligence” called Gnosis.

Their goal: raise $12.5 million. But instead of dollars, they would accept money only in the form of a new cryptocurrency, Ether, that didn’t exist two years ago. It was a new form of crowdfunding called an “initial coin offering,” or ICO. Supporters would not receive a finished product down the road, as in a typical Kickstarter project. Instead, for every Ether (or fraction thereof) sent to Gnosis’ wallet, the “smart contract” would automatically send back a different type of money, a GNO coin, that would give people special access to the platform plus act as equity in the network.

Theoretically, as Gnosis became more popular, demand for GNO coins (also known as tokens) would rise, boosting the shares of existing GNO token holders. The founders had designed their crowdfunding as a Dutch auction, which starts with a price ceiling rather than a floor.

Within 11 minutes, Gnosis had raised the $12.5 million, led mostly by programmatic pooled “bidding rings,” and sold only 4.2% of its allotted 10 million tokens. The final price, $29.85, gave their project--which had little more underlying it than a 49-page white paper and a few thousand lines of open-source computer code--a valuation of $300 million. In two months, GNO coins were trading at $335 each, and Gnosis was suddenly worth $3 billion, more than the market cap of Revlon, Box or Time Inc. Köppelmann’s stake alone is, in theory, now worth about $1 billion. “It’s problematic,” admits Köppelmann, who stammers and sighs repeatedly, in seeming embarrassment. His best defense for the valuation: There’s a lot out there that’s far worse.

That’s pretty much all you need to know about the great cryptocurrency bubble of 2017. The market capitalization for these virtual issues has surged 870% over the last 12 months, from $12 billion to over $100 billion. (This

number is a moving target, though, since a 30% daily market plunge or gain isn’t out of the ordinary.) That’s more than six times the rise in stock market capitalization during the dot-com boom from 1995 to 2000. A lot of this total gain comes from Bitcoin, the original digital asset--created out of an artful blend of cryptography, cloud computing and game theory-which is up 260% in 2017 alone. The total value of Bitcoin now exceeds $40 billion, despite years of shady characters, fraud, theft and incompetence (including the Mt. Gox meltdown, which took almost $500 million with it) and despite the fact it has no intrinsic value--not even the promise of a central government or a precious metal mined from the ground.

But the second movers are growing much faster and doing something more interesting. Rather than a mere currency--which is largely used for speculation--these so-called “crypto-assets” intertwine businesses and tokens. The fuel here is something called Ethereum (whose currency is Ether). Like Bitcoin, it’s based on blockchain technology, essentially a secure, decentralized, constantly updated ledger system. But while Bitcoin allows you to transact only in Bitcoin, the Ethereum network allows for software programs. In other words, Ethereum-based currencies can actually do things.

So suddenly anyone with a digital idea can launch a coin to go with it.

There are now more than 900 different crypto-currencies and cryptoassets on the market, with another launching pretty much every day. On June 12, Bancor, which plans to create a new reserve cryptocurrency, offered 50% of its total tokens and raised $153 million in under three hours, setting the record for an initial funding amount. The very next day, an entity called IOTA listed a token designed for Internet of Things micropayments and immediately fetched a value of $1.8 billion. A week after that, a messaging platform named Status launched its coin offering, raising $102 million. (see: Not So Tiny Bubbles: The Top 25 Crypto-Assets) In a gold rush, it’s good to be selling the pans. Ethereum’s value has skyrocketed more than 2,700% in the last 12 months, to $28 billion, or $300 per token. Of course, on the way there it has flash crashed to 10 cents and hit as high at $415. Bitcoin has been historically just as volatile, trading from $31 to $2 to $1,200 to $177 to its recent $2,500, as armies of day

Vegas Legal Magazine Winter 2017 | Pg. 59

Emperor’s New Coins And, yes, scores of foolish day traders and IPO junkies got crushed, but lots of smart, early players got very, very rich. That history is repeating right now, too.

To best understand how cryptocurrency works, think about videogames.

You have a virtual world, and within this realm, you can often earn virtual currency, which can then be redeemed for rewards within the game--extra armor, more lives, cooler clothes. It’s the same here, except that it’s rooted in blockchain technology and (theoretically) you can either convert the play money into the real thing or deploy it for actual goods and services inside the entity that spawned it.

Many ICO descriptions even read like byzantine videogame rule books.

For example, owners of GNO tokens in the $3 billion prediction market Gnosis have the ability to earn a second kind of token, WIZ, valued at $1 each, to pay platform fees. Ingeniously, the coins are earned by voluntarily “locking in” tokens for periods up to a year, which conveniently props up Gnosis’ overall price.

Photo by Lightbox | Shutterstock

Photo by Shutterstock

traders (see: Return Of The Daytraders; Forbes) try to time something that has all the predictability of a roulette wheel.

Of course, that hasn’t stopped a slew of websites and Facebook groups from popping up, full of endless bragging of crypto-conquests, including token purchases financed with credit card debt. Or hucksters from trying to get people to put their retirement money in this stuff, via Ether and Bitcoin IRAs. Every new coin offering presents another chance to translate a flaky business into an absurd valuation.

These pioneers have certainly unlocked a better way to raise money and create a network effect. Why grovel before Silicon Valley venture capitalists or deal with federal regulators in the public markets when you can attach a token to your idea and have speculators throw money at it and then bid it up? These initial coin offerings have raised more than $850 million, from Brave Software’s lofty “Basic Attention Token” (which sucked in $36 million in 24 seconds, at a $180 million valuation, on the promise of using blockchain technology to fix digital advertising’s deep problems) to the more basic Legends Room (a coin that gives users VIP privileges at a Las Vegas strip club). [see: Cryptos In Wonderland: The 12 Weirdest and Wackiest Coins] If this all sounds familiar, it’s because it is. The same dynamics--companies with more concept than concrete, day-trader speculators, wild volatility, Dutch auctions, instant fortunes created out of thin air--were ubiquitous in the first internet bubble. As was collapse: In 2000, $1.8 trillion in internet stock market value evaporated, and unless you think a predictionmarket concept is instantly worth $3 billion, history will repeat. Ether is both a building block and the future description of what’s going to happen to most of this “value.”

Still, we’re past the tulip stage. Yes, that first dot-com bubble was ridiculous, but it also gave us enduring companies like Amazon, Google and eBay.

Vegas Legal Magazine Winter 2017 | Pg. 60

It’s a common model. Since most of these platforms cap the number of tokens, increased usage jacks up the demand for them and should, in turn, boost the price. This network effect, in which a service becomes more valuable as more people use it, mirrors the incentives of Amwaystyle pyramid schemes. Imagine if Facebook had a token and by merely convincing a friend to join you would improve the network and your “token” net worth.

“We are crowdfunding a new decentralized digital economy,” says Chris Burniske, who recently left New York City’s ARK Investment Management, the first public fund manager to invest in Bitcoin. Burniske classifies the emerging assets into three categories. First, cryptocurrencies like Bitcoin and untraceable digital cash like Monero and Zcash. Second, crypto-commodities, the putative building blocks of a decentralized digital infrastructure. Golem Network Tokens, for example, harness a network of computers that rent or lease computing power--so while you sleep, your computer could be used by an entrepreneur who needs to train her machine-learning algorithm, earning you coins in the process.

An especially hot type of crypto-commodity: decentralized data-storage tokens, such as Filecoin, Sia or Storj, which compete with Amazon Simple Storage Service. The third category (and farthest off), crypto-tokens, promises to power consumer-facing, decentralized networks. Think Uber without Uber--a peer-to-peer network of riders and drivers (or driverless cars), earning and paying one another in the crypto-tokens needed to transact on that network. [see: How Crypto-Tokens Work: A Case Study] The entities raising money in these coin offerings are not always startups.

Sometimes they’re merely developers collaborating on a project and don’t form a legal entity. And even when the group is really a corporation, such as the messaging app Kik, which is launching the Kin token, the organizers will claim that the crowdsale is not actually offering a share in the company, conveniently sidestepping securities regulations.

Laura Shin is a senior editor covering crypto assets and hosts the crypto/blockchain podcast, Unchained(Google Play, iHeartRadio, iTunes, Stitcher, TuneIn). Follow her at @laurashin.

This story appears in the July 27, 2017 issue of Forbes.

IRS AUDITS Don’t Get Red Flagged.

– By Donovan Thiessen, CPA

Under penalties of perjury, I declare that I have examined this return and

“

accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct and accurately list all amounts and sources of income I received during the tax year. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.”

You have probably acknowledged and affirmed this statement many times over the years since it is located directly above your signature on your individual tax return. However, let’s assume for the sake of this article that you are unfamiliar with it and the statute of limitations on your income tax return. Today, we will review these topics as well as the most common areas that can attract increased IRS audit attention.

The statute of limitations on the IRS to assess taxes on a taxpayer generally expires three years from the due date of the return or the date on which it was filed, whichever is later. For this purpose, the tax return is considered filed on the due date of the return if it was filed on or before the due date.

For instance, if your 2016 individual income tax return (Form 1040) was filed on March 1, 2017, it is considered to be filed on April 15, 2017; the actual due date. The statute of limitations for the 2016 return expires three years from April 15, 2017, on April 15, 2020. However, if the return omits 25% or more of income the statute of limitations gets extended from three, to six years. The statute for the collection of previously assessed taxes is generally ten years. What this means is that once the IRS assesses a taxpayer is liable for a given year’s tax, it has ten years to pursue the collection. However, the statute of limitations is unlimited if the taxpayer commits tax fraud.

There are several scenarios that could cause the IRS to flag your return.

The first is failing to report all of the 1099’s and W-2s you receive. If you have multiple 1099’s and W-2s, be sure to review the statement normally accompanying your tax return to make sure none are missing. If you have so many that you have difficulty organizing and collecting them all (it does happen), you can request a Wage and Income transcript from the IRS at no charge. A paid tax preparer can also request this directly from the IRS if you’ve signed a Power of Attorney authorizing the preparer to communicate on your behalf with the IRS. Another red flag is taking disproportionately high deductions on Schedule A. You should be able to provide evidence for every expense you deduct.

For instance, some people donate more to charity than others, and it may trigger an audit. But if you’ve been contributing to a valid 501(c)(3) entity and you can provide evidence, then there is nothing to worry about.

The next red flag trigger is what is referred to as “hobby losses.” A hobby

Photo by Shutterstock

loss is when you have income and expenses from an activity that produces losses for three consecutive years, and a profit motive is difficult to prove.

Sometimes what ends up being considered a hobby loss began with a profit motive, but it then later becomes increasingly clear over time that the endeavor is for some personal pleasure rather than a profit motive.

Taxpayers should be careful when going down this road. For instance, let’s say you teach guitar on the side. If you generate gross income of $3,000 and have expenses of $3,200, your deductions are limited to income of $3,000.

Also, you’d want to be able to prove that the expenses were for ordinary and reasonable items, such as rent, normal materials and advertising. If your expenses consist of two brand new guitars totaling $3,200, you are playing with fire.

It is common knowledge here in Las Vegas that the casino will issue a W-2G if you win $1,200 or more on a single slot machine payout. For some reason people think that winnings less than $1,200 are not taxable income.

Let it be a reminder to you that all income is taxable income unless the IRS says it isn’t. You may not receive a W-2G for your winnings that are less than the $1,200 threshold, but that doesn’t mean it is not taxable.

Keep a log of your gambling losses with as much detail as possible as you can only deduct your losses to the extent of your winnings. Furthermore, you can only deduct losses if you have winnings. Losses are deducted on Schedule A as miscellaneous deductions. Deducting large losses without including your gambling winnings as other income on page 1 of your 1040 will certainly raise a big red flag. Professional gamblers typically report winnings and losses on Schedule C. They are also allowed additional gambling related expenses such as software, research materials, costs of lodging and meals, which are not allowed to be deducted by nonprofessionals. For those of you that are recreational gamblers, be mindful to report these items correctly.

Whether you prepare your own return or you have a tax professional prepare it, you should take time to review the tax return to make sure it is accurate and correct. If your preparer doesn’t offer to review the return before filing, you should ask him or her to go over it. Even honest and hardworking preparers make mistakes, and you might have legitimately forgotten to disclose an event or transaction that impacts taxes. As Benjamin Franklin once said, “an ounce of prevention is worth a pound of cure.”

Donovan Thiessen, CPA has worked with Gerety & Associates, CPAs in Las Vegas, Nevada for 10 years, focusing on trust and estate, and individual and business income taxation. The firm has substantial experience in estate planning and can handle complex transactions. You may reach Donovan at dthiessen@geretycpa.com and 702.933.2213.

Vegas Legal Magazine Winter 2017 | Pg. 63

Photo by Shutterstock

Life Insurance & Taxes -By Kyle Lum

Most people probably don’t think about life insurance policies when

tax season rolls around, but perhaps they should. Life insurance, in particular whole life insurance, can help you and your beneficiaries take advantage of some tax benefits often overlooked by policyholders.

The advantages outlined here are particular to whole life insurance policies. It’s possible for other kinds of insurance to have some of these features as well… but it’s not a given.

1. The Death Benefit Is Generally Paid Out Income Tax Free

That’s a pretty straightforward advantage for your beneficiaries. Life insurance policy payouts can be pretty hefty and avoiding a major tax bite can be consequential. By contrast, the government will typically tax most retirement plan proceeds when taken by beneficiaries.

There are instances where federal and state estate taxes can kick in on the proceeds of a life insurance payout, depending on particular circumstances. If your life insurance policy is part of a large estate, talking to a financial professional might be worthwhile to learn how to exclude your policy from your taxable estate.

2. The Total Cash Value Accumulates On A Tax-Deferred Basis Whole life insurance builds up cash value over time as you pay premiums. This is money that grows with added return without the IRS taking a bite. The result translates to policies becoming an important nest egg option for your future.

3. You Can Access The Cash Value Of The Policy On A TaxAdvantaged Basis Money borrowed or taken from the cash value of a life insurance policy is not subject to taxes up to the “cost basis” – the amount paid into the policy through premiums.

To understand how this works, take a hypothetical case of “Steve,” who bought a whole life policy in 1980. There are a couple of ways Steve could access his policy’s cash value during retirement. First, if he has a cash value cost basis in his policy of say, $132,840.00 (the sum of premiums paid), he could take a partial surrender of the cash value from his policy up to this amount and it would be income-tax free.

Secondly, Steve has the option to borrow against his cash value at any time and the amount borrowed will not be taxable as income, even if it is in excess of his cash value cost basis. Careful, though. A certain class of policies receive less favorable tax treatment than what is described above when taking loans and distributions and may be subject to a penalty tax.

It should be noted however, tapping into the cash value of a life insurance policy reduces its value and death benefit and increases the chance the policy will lapse. If a policy lapses with an outstanding loan in excess of the cost basis, it’s taxable.

Again, if you are thinking of taking a distribution it’s worth checking in with a financial professional about your particular policy and needs.

Provided by Kyle Lum, courtesy of Massachusetts Mutual Life Insurance Company (MassMutual) © 2016 Massachusetts Mutual Life Insurance Company, Springfield, MA 01111-0001 For more information, please see https://www.massmutual.com/individuals/educational-articles/index

Vegas Legal Magazine Winter 2017 | Pg. 65

BEHOLDTHEVELAR The NewestAdditionTo The Range Rover Family –By Rick Nelson

Size matters and when consumers demanded something different in a

sports utility vehicle, Land Rover delivered. The all new Range Rover Velar fits right between the Range Rover Sport and the Range Rover Evoque–a vehicle size segment crowded with the likes of Mercedes and BMW. But, where the competition offers its prized stars, the Range Rover Velar shines above them all.

The Velar offers an array of power plants to choose from: a lightweight 247-horsepower 4-cylinder turbo, a 317 pound-feet of torque turbocharged diesel and even a brute force 380-horsepower supercharged V6 engine. All variants have Land Rover’s legendary all-wheel drive to get you through snow, dirt and mud–after all it is a Land Rover.

While Land Rover kept its signature and legendary features, designers looked to the future with the all new Touch Pro Duo dual touchscreen system allowing users to simultaneously interact with multiple features at once. Think navigation and media systems illuminated all at once so you no longer need to leave one application to adjust the other. In sum, its brilliant!

All these features combined with a look a sculptor would envy, makes this the most dynamic Range Rover to date.

The Range Velar is available at Jaguar Land Rover in Las Vegas, located at 5255 West Sahara Avenue. For more information you may always visit the dealership online at: www.jlrlv.com

Vegas Legal Magazine Winter 2017 | Pg. 66

STATE OF THE MARKET

On October 6th, the employment statistics from the Department

of Labor were announced. The US economy shed 33,000 jobs in September; the first monthly net loss in six years. Considerably an anomaly in this current cycle and it was the good news bad news scenario. First the bad news -- the jobs lost were attributed to the impact of Hurricanes Irma and Harvey. The good news - wages moved higher and unemployment fell to 4.2%.

Speaking of adding insult to injury in September, on October 8th, Hurricane Nate made landfall hitting the Gulf Coast and Biloxi Mississippi. With deadly hurricanes, a major earthquake in Mexico and the latest shootings in our beloved Las Vegas, our country is experiencing human loss and suffering testing our resolve and wrangling our nerves as we race toward the end of 2017. For most, the end of the year can’t arrive fast enough.

Our country may be torn, but we’re not out for the count by any stretch of the imagination. As one of the longest Bull market cycles, now concluding its ninth year, marches on, many on Wall Street and Main street are wondering what’s going to derail or propel the economic expansion. Given the environment of low unemployment, rising wages, stubbornly low inflation and rising export trade – accompanied by a weaker dollar, many questions persist. In fact, October 9th marks exactly ten years from the stock market peak before the Financial Panic of 2008. Q/3 earnings announcements begin the same week.

Based on total return, over the last ten years since September 2007, stocks have performed the best compared with the 10-year Treasury Note, gold, oil, housing, and cash. Assuming no major shift in October, the S&P 500 has generated a total return (capital gains plus reinvested dividends) of 7.4% per year, essentially doubling in value in ten years.1 Gold did well, but lagged stocks, increasing 5.7% per year. A 10-year Treasury Note purchased that night (now coming due), would have generated a yield of 4.7%. Oil was a laggard, down 4.3% per year. Home prices increased about 1% per year, on average,

Vegas Legal Magazine Winter 2017 | Pg. 68

–By Mark Martiak and “cash” averaged 0.4%, both trailing the 1.6% average gain in the consumer price index.2 And what about our Federal Reserve? The process of unwinding Quantitative Easing (QE) is going to take time. The Fed is going to trim the balance sheet by $10 billion a month for the first three months, $20 billion per month for the next three, and on and on until it hits a pace of $50 billion per month. When the FOMC initiates the “balance sheet normalization program” in October it would take until about 2021 for the balance sheet to reach what Economists believe is a normalized level.

I think the Fed could be more aggressive about reducing their balance sheet. Moreover, I don’t think QE helped the U.S. economy in the first place; all it did was stuff the banking system full of excess reserves that the banks didn’t lend aggressively due to stress testing requirements and because of government overreach with regulations. The Fed created the sugar high the financial press critiqued and investors craved so they could run the table with overweighting investment allocation in stocks.

Many now believe there will be a rate hike in December. In fact, in the last FOMC statement from September, their language stated, “The Committee expects that economic conditions will evolve in a manner that will warrant gradual increases in the federal funds rate; the federal funds rate is likely to remain, for some time, below levels that are expected to prevail in the longer run. However, the actual path of the federal funds rate will depend on the economic outlook as informed by incoming data.”3 The Fed isn’t the only central bank tilting toward a less-loose monetary policy. The Bank of England (BoE) and European Central Bank (ECB) also seem determined to start trimming back on some of the aggressive measures of the past decade. The BoE looks like it will soon move rates up after having cut them to 0.25% in the aftermath of the Brexit vote in June of 2016. Meanwhile, the ECB will start

tapering its asset purchases.

Regardless of what happens soon, central banks around the world remain extremely accommodative. None of them are remotely close to running a “tight” monetary policy. Yes, I’ve discussed the Fed here before, but for investors, at this point it’s best to ignore the noise.

Jeff deGraaf, chairman of Renaissance Macro Research said that Employment data and purchasing managers index readings are at levels that both “generally imply overheating and a Fed aggressively pinching off the excesses with higher rates.” RenMac’s Master Employment Index is now in the 90th to 100th percentile, which is historically negative for S&P 500 forward returns, deGraaf said, as it signals the economy is running too hot.

“PMI readings are also in the top decile, which also points to a negative impact on S&P returns three and twelve months forward,” deGraaf said. He worries that the Fed’s preferred thermostat, inflation, remains in the bottom quartile. “That’s a little like judging the heat in a microwave by touching the door,” calling it the “wrong instrument for the wrong device.”4 Stocks are still undervalued relative to bonds, the Fed is still loose, and the economy is expanding. As long as there are “excess reserves” in the system, monetary policy will not threaten the recovery. If it takes the Fed as long as I think to fully tighten, this recovery may be the longest ever and last until 2019. Whether the Trump Administration can push through tax reform is a whole story onto itself given the divide among the GOP and the Democratic challenges to defend the middle and lower income classes.

You can’t ignore the loss of life due to senseless shootings, natural disasters, terrorism or isolated police brutality. But, you can ignore the noise created by headline risk in the markets from financial journalists who suggest that the markets have come too far and are overpriced. Regardless, it’s best to pay very close attention.

Mark Martiak is a New York based Investment Advisor Representative for Premier Wealth Advisors LLC. Mark is a regular Contributor for VEGAS LEGAL MAGAZINE who has appeared on CNBC’s CLOSING BELL, YAHOO! FINANCE MIDDAY MARKET MOVERS, FOX BUSINESS NETWORK and has been quoted in THE WALL STREET JOURNAL. Securities offered through: First Allied Securities, Inc. A Registered Broker/Dealer. Member: FINRA /SIPC. Advisory Services offered through: Premier Wealth Advisors, LLC. (PWA) & First Allied Advisory Services, Inc. (FAAS). Both Registered Investment Advisers. PWA is not affiliated with First Allied Securities, Inc. or FAAS. Such forward-looking statements are subject to significant business, economic and competitive uncertainties and actual results could be materially different. There are no guarantees associated with any forecast and the opinions stated here are subject to change at any time and are the opinion of the individual strategist.

1 The article was written in October 2017. Some statistics may have changed before the publishing of this article.

2 Data comes from the following sources: Census Bureau, Bureau of Labor Statistics, Bureau of Economic Analysis, the Federal Reserve Board, and Haver Analytics. Data is taken from sources generally believed to be reliable but no guarantee is given to its accuracy. Indexes are unmanaged and investors are not able to invest directly into any index. Past performance is no guarantee of future results. The S&P 500 Dividends Reinvested Price Calculator with data taken from Robert Shiller: https://dqydj.com/sp-500-return-calculator/; http://www.econ.yale. edu/~shiller/data.htm.

3 Federal Reserve issues FOMC statement September 20, 2017 https://www.federalreserve.gov/newsevents/pressreleases/monetary20170920a.htm 4 MarketWatch: Some Investors See Signs Stock Market ‘on verge’ of a melt-up: published: Oct 8th, 2017. photo by Shutterstock

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BAR REVIEW

Red Square Las Vegas – By Tyler Morgan \

N

o city is better at showcasing themed restaurants than Las Vegas; and Red Square inside Mandalay Bay Hotel & Casino showcases a theme like no other–Soviet Russia. The headless statute of Vladimir Lenin welcomes patrons inside this incredible time-piece venue. Where is Lenin’s head you ask? Step inside Red Square’s walk-in freezer and enjoy cold shots of vodka over a giant ice block showcasing the head. Aside from the grandiose artwork of soviet labor propaganda throughout the restaurant is a menu filled with delicious items such as kaluga caviar, steak tartare and short rib stroganoff. Not hungry? Enjoy one of the many signature cocktails at the bar. We recommend The Moscow Mule- Jean Marc XO Vodka, fresh lime and ginger beer. And, if you are looking for the true Russian experience, indulge in one of the vodka flights offering tastes of vodkas from around the world.

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Vegas Legal Magazine Winter 2017 | Pg. 75

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The Smith Center & The Heart of Education Awards: An Honored Tradition For Our Local Educators.

–By Myron Martin

Teachers are our children’s most valuable resource. Dan Rather said,

“The dream begins, most of the time, with a teacher who believes in you, who tugs and pushes and leads you on to the next plateau, sometimes poking you with a sharp stick called truth.” Teachers teach because they care about kids and yet they never expect anything in return. They go above and beyond, they make personal sacrifices, and they put kids first. I believe that our community can make a big difference with our education system by thanking these amazing individuals. It starts with one great teacher.

The Smith Center is pleased to host the Heart of Education Awards after being inspired by a program at The Kennedy Center, which is credited with not only helping recruit great new teachers, but also retaining the community’s best educators, as well. If there has ever been a time when the Clark County School District (CCSD), and especially our teachers, needed the support of our community, it is now. The Heart of Education Awards (now in our third year) turns our spotlights on great educators, thanks to the support of The Rogers Foundation and companies and individuals across our valley.

Do you know of a great teacher who goes above and beyond? Maybe your children’s current teachers, or one they had some years ago? If these teachers have been employed by CCSD for at least three years and are still teaching now, you can nominate them for an award. Anyone can nominate a great educator. Think about it. Have you witnessed great teaching? If so, please go to TheHeartofEducation.org and nominate someone. It is really simple to do, and your act of kindness could truly brighten someone’s life.

The top 900 teachers will be selected to attend a red-carpet evening at The Smith Center and will be treated to a special performance just for them and their guest. Every nominee in attendance will receive a swag bag full of gifts from local merchants and businesses. Plus, 20 of the top nominees will be selected to each receive a $5,000 cash gift and a commemorative Heart of Education medallion. Want to get involved? Let us know if you would like to donate cash or prizes for our best teachers.

At our second-annual event, keynote speaker Dr. Jill Biden told our packed house of teachers that her fondest memories on the road as second lady were all related to education and educators. Her comments inspired us all.

By taking the time to say thank you to our teachers, we are finding out that it can make a difference, not only with these individuals, but with their schools, as well. It is exciting to see how each school cheers on its nominees and celebrates their successes. Once nominated, teachers must complete a simple application form, whereby they tell their stories. And their stories

Vegas Legal Magazine Winter 2017 | Pg. 78

are amazing. You wouldn’t believe how many of our nominees give up their personal time and personal money to help kids. From helping them buy much-needed eyeglasses to sending students home with groceries, this is a very caring group of people. One of the winners two years ago used a portion of her winnings to help fund a matching scholarship grant for a former student who was accepted at Yale. Yes, she helped pave the way for one of her students, and then at the end of the day used her own money to help him go to college.

We can do more as a community to support our schools. Starting with our teachers is a great place to begin our journey of making Southern Nevada a better place to live for our children and their children.

This spring, we will host another group of top educators during Teacher Appreciation Week. You can get involved. Be a sponsor, or nominate a teacher. You’ll be amazed at how much a simple thank you can mean.

Maybe your nominee will take home one of the big prizes, and maybe he or she will be called onto The Smith Center stage. But one thing is for certain. Every nominee will feel appreciated!

As president and CEO of The Smith Center for the Performing Arts, Myron Martin brings the world’s most revered and celebrated entertainers to Las Vegas. Martin has a rich history in the performing arts business. A proud Las Vegas resident, Martin has received many accolades, including being named among the Vegas Dozen, Las Vegas’ Man of the Year by Vegas Seven, and receiving the key to the city from Las Vegas Mayor Carolyn Goodman. The Nevada Broadcasting Association presented him the Community Achievement Award and The Public Education Foundation called him their Champion for Children. He is an Emmy Award nominee for producing the Vegas PBS special “Frank Wildhorn & Friends” and is a voter for the Tony Awards.

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Las Vegas Icons

Richard “Tick” Segerblom – By Mark Fierro

R ichard S. Segerblom

“Tick” is a native-born Southern Nevadan whose family is well-known to longtime Las Vegans. A fourth-generation Nevada elected official, Segerblom’s family began in Nevada politics in 1906. Tick’s mother Gene Segerblom was a lifelong school teacher in Boulder City, which ensured that virtually every Boulder City child raised during that era had contact with the Segerblom family. Gene Segerblom went on to serve on the Boulder City Council as well as in the Nevada State Assembly.

Tick Segerblom began his political career as an assemblyman and is currently a state senator best known for serving as the point person for passing the recreational marijuana law in Nevada. Next, he intends to run for a vacant Clark County Commission seat.

Vegas Legal Magazine interviewed Segerblom in his Downtown Las Vegas law office.

Vegas Legal Magazine: Describe, if you would, the Las Vegas that

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you grew up in — it was a completely different place.

Tick Segerblom: It was a very small town, although really even today in certain circles it’s the same handful of people, so it’s still a small town in essence.

We would cruise Fremont Street on Friday nights. That’s who we were. To show you how things have changed, I was on juvenile probation for stealing an empty beer keg and throwing firecrackers!

VLM: One of the reasons I moved here when I was a kid was that you could ride a motorcycle at age 14.

TS: I had a paper route, I had a Honda motorcycle when I was 14.

That was the world back then, the Eisenhower see no evil, hear no evil philosophy. But the reality is, when you look back on it, it was so isolated and insulated. We’ve come so far since then, which is fantastic.

VLM: Freedom was a big part of it back then. If you weren’t messing with anybody, you hadn’t done anything wrong. That was just part of the mindset.

TS: I remember some people thought you were a pariah if you were from Nevada. You had relatives around the country who saw you buy something with a silver dollar. You’d have a silver dollar, and they’d [ask], “What’s that?” They’d never seen a silver dollar before. We were Sin City. To them we were an evil place where we had gambling and prostitution. We took a kind of pride in being from Nevada, in being ourselves. It was just who we were. Another thing, it was a racist town at the time, the Mississippi of the West.

There were segregated schools, you would never think of marrying someone or dating someone of a different race.

VLM: Tell us about your family background because a lot of people don’t know that your family background has some interesting players.

TS: Well actually on my mother’s side they’re from Northern Nevada, and on her father’s side they were from Ruby Valley, which is where the Pony Express riders and drivers were back in the 1860s. On her mother’s side they were from Winnemucca. My mother’s grandfather had a gold mine and he owned the house of prostitution — it’s not like he ran it but he owned the house where it was. He was a big deal, he was a state senator from Winnemucca and actually voted against women’s right to vote — and when it passed he couldn’t go back to Winnemeucca. He went to San Francisco instead. To show how things come full circle, his daughter, my grandmother, went to the state Legislature and then my mother of course goes to the state Legislature.

VLM: And she was a firebrand.

TS: She was a firebrand. What I learned from her is I think it’s easier just to be open, be who you are, no games. Especially from rural Nevada, it was “you are who you say you are,” the cowboy philosophy.

VLM: How long did she serve?

TS: Just eight years. She was on the City Council in Boulder City before that, she was the government teacher in Boulder City for 20 years. I had her for two classes. Everybody in Boulder City, you had to take her class to graduate. That’s the reason she was elected to the Legislature — it’s a Republican district but she taught everybody, everybody knew her. She built a tremendous amount of respect from being the government teacher.

VLM: What’s your history in politics?

TS: I was just always raised to believe politics was an honorable thing to do, but I really became revolutionized during the Vietnam War when I was in college. Everyone was being drafted and there was just lots of stuff — my sophomore year when I’m in L.A., Bobby Kennedy was assassinated. I dropped out of school and later on in my senior year is when Reagan tear gassed the Berkeley kids — just all those things where you get kind of, I wouldn’t say radicalized, but you learn how to hate “the man.” I think over time most people of my generation have kind of just given in, but I kind of like to poke a finger in the man’s eye every now and then.

But the fun part is to see what we thought in the ’60s, with marijuana for example, we thought within a few years it would be legal. We thought we were going in that direction, but then after Carter left for Reagan, it turned all the way around and then just kept getting worse and worse and worse — and then to see it finally come full circle, and now we’re back to where we were literally in the late ’60s.

I mean can you believe that you can actually buy marijuana — you can’t smoke on the street, yeah, but you can carry around an ounce and the cops can’t do anything.

VLM: Did Nevada do it the right way?

TS: The way they made it legal, they started with medical. I never

knew it had medical properties — to us it was just for listening to music. The medical was something that came out more is recent years.

I would prefer the federal government not make it legal, because the longer it’s illegal, the more we can create our own industry and create this vibrant economy around it, which really is exciting. I mean, I’ve been around the politics field for a few years and the most fun is the marijuana people because they’re still optimistic. You go to parties, you go to their fundraisers, and they are just a very energized group of people.

(Probably because they’re all felons!)

VLM: In the old days we were always the first mover, the first mover in gaming, the first mover in hands-off prostitution … But here we didn’t act on marijuana until after other states such as Colorado, Oregon and Washington. Was that a smart path?

TS: I think so. When we finally came around to it, we had an example to use.

I think the way it happened was, when I was growing up, you know, the Mormons were a player, but they weren’t running the show, and somehow or other they really became a power, maybe in the ’80s or ’90s. And they were kind of dictating social mores, and so marijuana was pretty much off the table, even though I think most people here, as we’ve discovered, didn’t have any problem with it.

But when you go to the Legislature trying to pass a marijuana bill, we couldn’t even get a hearing. The leadership would say, oh, no one wants that. Even though the public mood was there.

When I passed my first (marijuana) bill in 2013 my co-sponsor was Mark Hutchison, a big shot in the Mormon Church, and his whole thing was, “it’s in the Constitution and I am a constitutional lawyer, we have to give people a right to obey the Constitution.” So, he just saw it from a constitutional perspective. I think he also probably saw that there was a good business opportunity there, which there is.

Since that time I think some of that group has kind of gone further to the right and said we don’t want to get involved directly, but there’s still a lot of Mormons involved in the (marijuana) business.

VLM: Was that frustrating seeing the people of Nevada putting their voices out there in support of marijuana, and at first nobody in politics did anything?

TS: I saw it from a distance because I wasn’t in politics when the first vote for medical marijuana happened. Then I got to the Legislature and started seeing people trying to bring up bills but not get a hearing — it was kind of like, what’s up with this? Because medical was put in the Constitution by 67 percent of the vote, it was a nobrainer.

But that’s been my experience all along — the politicians are so far behind the curve as far as the public goes. The voters are there.

They’ve already accepted it and they’re ready to move on, tax it, test it, and if people want to use it that’s fine. People know that it’s not the devil weed, it doesn’t make you crazy. Compared to other drugs it’s much more benign.

VLM: When your bill starts to gain traction, do you have time to ask, “Are we ready for this? Is it going to really happen?”

TS: I kept thinking that it’s not going to happen. We got to the Senate fairly easily because of Hutchison but then it got to the Assembly, then the Republicans started to say, oh my God, what are we doing here? It was a two-thirds bill, you know, you never get two-thirds on anything. So, we need one Republican, and the Republican caucus made it a litmus test — if you’re Republican, you have to vote against it.

Vegas Legal Magazine Winter 2017 | Pg. 81

RICHARD “TICK” SEGERBLOM

And then Michele Fiore, as crazy as she is, stepped up and voted for it. Then of course the governor had to sign it. I thought there’s no way in hell, but he did. It was one of those things where the stars were in alignment. The truth was there really was no organized opposition.

TS: The reality is, for Republicans, it’s more about trying to gut the teachers’ union, because they don’t care about education. If you can give somebody $5,000 to go to Gorman who’s already going to Gorman, then what’s the point of it? So it really was a litmus test for us.

VLM: Are there are there any inside stories to tell about the governor’s handling of it?

I didn’t realize this until this debate came up, but we already pay $700 million for charter schools. That’s an incredible amount of money in Nevada for these little schools which have very little regulation …

TS: If there are I don’t know them. The truth is, there are still a lot of big-time Nevada families who saw this as a business opportunity and so they were in there pushing him to do it. The governor said, I want to come out and implement it six months early. How great is that?

VLM: Are we are ahead of California in some ways?

TS: Both of our laws passed last November, and were supposed to kick in the 1st of 2018. Ours kicked in six months early.

In California, they’re trying to take an unregulated Wild West market and put in some kind of regulation. It’s gonna be almost impossible in the short term.

VLM: Isn’t it everywhere in Southern California, which dilutes the chances for maximum tax revenues?

TS: Yeah, there’s no statewide tax even on it, there’s no testing requirements. There’s no seed-to-sale requirements. They got the people up north growing outside by the ton, and they wanted it to stay illegal. When someone applies for a license, what do you do?

They show up and you say, OK give us your tax returns for the last five years. Well, these guys, these growers, have never paid taxes.

You may be the best grower or the best whatever, but they have no history about working within the system. So what do you do when the guy says, well I’ve been growing for the past five or 10 years, but I don’t have any tax records? Can you say, oh well go ahead and stamp that person, that’s OK? I have talked to accountants and they’re trying to reconstruct these past several years so these growers in California can even apply.

VLM: In Nevada, the governor asked for a genuine revenue projection — when you wave $70 million around, you get people’s attention, and he said we can move forward. Thoughts?

TS: That was the price he had for the ESAs (education savings accounts), the voucher program. I think he was thinking, well, I’ll use the $70 million from the voucher program and that will be the justification for it. But the Democrats killed the voucher program.

But the $70 million, that’s just the 10 percent tax he added. And during the State of the State he said, I’m going to propose a 10 percent tax. I was like, wow, I can’t believe it. That’s $700 million in sales over two years. That’s a shitload of money, starting from scratch essentially.

But still, it was a two-thirds tax and the Republicans were going to hold it hostage until the very end. They caved because they wanted the money. Tying the ESAs to the marijuana tax was going to be their hill to die on.

VLM: So ESAs, for Democrats they were not going down that road …

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The key to a democracy is public education, and we have to be committed to that. I’m actually going to propose a 1-cent sales tax in Clark County just to go to teacher salaries, and to use it for teachers and also to enable them to pay more in the poorer schools so we don’t have what we have now, where the teachers come here, the new teachers go to the poorest schools, and if they’re any good in a couple years they go to Summerlin. We want the best teachers in the county to go to the worst schools and help those students.

VLM: Are teachers the whipping boys for the Republican party now?

TS: They certainly are, and we have saddled them so much with the testing and all these things. My mother’s a teacher, and when I grew up the best person in the world was the teacher. But they could go and teach. And they were an example. It wasn’t so much what they taught you, it was just seeing them, hearing them, experiencing them and learning from them. Now there’s so much testing and everything else that a teacher really has no time to do it, so the best and the brightest are leaving the field.

I mean the reality is my kids went to public school here, I went to public school here, we have a great public school system. It’s not perfect in every school but the fact is lots of kids get a tremendous education here in Las Vegas and lots of the teachers are fantastic.

VLM: Teachers have as much ability to change the course of Nevada’s futures as any other industry don’t they?

TS: By far — everybody keeps talking about how we need to diversify the economy. Well, we’re never going to diversify until the public school system is up to the point where a company in California says I’m gonna bring my family over to Las Vegas and let them go to the public school.

VLM: Back to the marijuana industry, are the dispensary owners finally starting to make money on this?

TS: They are on a daily basis. Of course, they have so much debt accumulated over the past couple of years, but I was told that July numbers were good, August numbers were better than July and September numbers were better than August. Right now, it’s on an upward trajectory, and there is money to be made. But they were hanging on by their fingernails. If the governor had not started this industry six months early, a lot of people would have gone out of business.

VLM: Is the inventory issue becoming strained?

TS: Looking at other states when they became legal, the product takes three months to grow. As demand increases, there’s not much

LAS VEGAS ICONS

grow space out there initially, but the market works itself out. We are the best free market in the country. Any grower can sell to any dispensary, anywhere in the state. There will be more grown and we will catch up.

VLM: (Segerbloom has announced he is running for the District E seat on the Clark County Commission 2018, which has heavily Democratic registration.) Is this the dream job you’re going for and a chance to shine as a Democrat?

TS: Even though I disagree with term limits, I’ve been the beneficiary of term limits. All those longtime Democrats had to leave and I was ready to step in. When you’re in the Assembly it takes 22 votes to make a decision. In the Senate it takes 11. On the County Commission you want four. So all I have to do is find three people who agree with me, and off we go.

As you know, it probably is the second most powerful job in the state, we control a lot of things. Not to denigrate anything that’s happened, but I think there’s probably lots of issues and policies that we can continue to promote, bring to the forefront and really set an agenda. That’s what I hope to do, is to start talking about where we’re going as a valley, where we’re going as a county, where we’re going as a state. Not just deal with everyday management, but trying to take a long view, how we fit in with the Southwest, global warming, all that stuff. There’s a lot we control.

VLM: Some would say the County Commission as a whole is more powerful than the governor. Do you agree?

TS: Well I wouldn’t say more powerful than the governor but I do think they play a major role. But, again it takes four to make a decision, not just one person, and there’s politics, so we have to listen to the entire County Commission. We can’t just say, oh we’re going to do this, whatever. We don’t control the taxing policy, that’s one variable where the governor has a lot more say.

We have the two-thirds requirement to pass the tax in Carson City, but the Legislature can pass by majority vote, if the governor signs authorization to raise the tax, the Commission can pass a tax by majority vote. So, the reality is that if we can convince the Democrats to give us the authority to raise the sales tax, we can raise that tax here, make sure it just goes to Clark County to whatever we want to do.

One of our biggest problems in Nevada has always been the tail wags the dog. We have all the people here in Clark County, but there’s always that little group of cow counties out there that will stop us from getting the two-thirds to do anything. So our hands have been tied and it’s crazy.

For example with marijuana, Douglas County won’t even allow marijuana sales in Douglas County, yet we are giving them part of our marijuana tax for their schools — I mean how stupid is that?

VLM: On the issue of marijuana smoking lounges, it seems like we’re leaving a lot of money on the table if we don’t solve it while there’s still novelty to it. Do you see changes coming?

But every day we wait, Denver or some other place is going to take it up. Then California goes legal in January. This is a gold mine and a golden opportunity, but it’s just so frustrating for me to see people say, well, we don’t know what to do. I mean, if you’re worried about people driving, say you have to show up in a bus. We can have a pot lounge where you have some kind of a shuttle bus from the Strip and it goes around, brings you there and takes you back. It’s just a solvable problem. Let’s move it. Let’s not sit on our butts and say we’re scared of it. We’re selling $700 million worth of pot, where do you think they’re using it?

VLM: What are your big three? What are the three big things you want to do on the County Commission?

TS: Number one, I want to start looking at quality of life and there’s a way to, maybe not control growth, but to see if we can figure out where we’re going; we only have a limited amount of water, so instead of just growing until we stop let’s just see if we can plan out how we grow and how we want to be, trying to push the growth back toward the inner city, so we don’t keep extending things out.

Secondly, I want to just work on the marijuana industry because I feel that’s my baby and I think it’s a great source of revenue, a great source of jobs. I think there’s lots to be gained from Nevada becoming the first state where we have little Amsterdams, we have pot lounges, we have concerts. I mean we don’t want to go crazy, but the reality is it’s out there so let’s make ourselves like we used to be with gambling — you know, everybody came to Las Vegas, we were the gold standard. Let’s do that for marijuana, too. We are so perfect for it. So I want to do that.

And third, I want to see if we can use the County Commission to help the school system. There’s no reason why I can’t use my resources to help the schools of my district do a better job, whatever that takes.

And I’m not sure what that would be even, maybe help them with the grounds so we can use them as parks when the schools aren’t in session, help the teachers, whatever it’s going to be, I just don’t know. But one of my proposals is going to be to have the school districts and the County Commission districts be the same districts, because there are both seven of them. That way we could really work together, see if there’s synergy, and maybe the commission should just appoint the school board members.

Final thoughts?

As a native Nevadan I’m just excited to be here. We are a town that constantly reinvents itself. To me, marijuana is going to be part of that next invention, but whatever it is I want to be there and help push it along.

Mark Fierro began his career as a reporter/anchor at KLAS-TV, the CBS television station in Las Vegas. He worked at the U.S. House of Representatives in Washington, D.C. He served as communications consultant on IPO road shows on Wall Street. He provided litigation support for the Michael Jackson death trial. He is president of Fierro Communications, Inc., and author of several books including “Road Rage: The Senseless Murder of Tammy Meyers.” He has made numerous appearances on national TV news programs.

TS: That’s what I’ve been trying to tell people. We are sitting on a gold mine, but we can’t sit here forever. If we have lounges today, the world would be right here — the footage, the press loves this issue, they would be here. Immediately it would go around the world — Las Vegas is the place.

Vegas Legal Magazine Winter 2017 | Pg. 83

HUMOR //

Winter 2017

Matcha Tea –By Maryam Rastkerdar

M

atcha green tea is an easy and simple way to add powerful health benefits to your everyday diet through an array of vitamins, minerals, antioxidants and amino acids.

bacterial, viral and fungal infections. Additionally, just one bowl of matcha green tea provides substantial quantities of potassium, vitamins A & C, iron, protein, and calcium.

Matcha tea is the highest quality powdered green tea available. Made from the nutrient-rich leaves of Camellia sinensis plants, matcha green tea is considered to be one of the most powerful super foods on the market today. One cup of matcha tea is believed to have as much antioxidants as 10 cups of green tea.

-Calms the mind and relaxes the body.

Amongst its many health benefits, matcha…

-Is packed with antioxidants including the powerful EGCg. Catechins are the most potent and beneficial antioxidants. One specific catechin called epigallocatechin gallate (EGCg) makes up 60% of the catechins in matcha green tea. EGCg counteracts the effects of free radicals such as pollution, UV rays and chemicals, which can lead to cell damage.

A daily matcha regimen can help restore and preserve your body’s balance and well-being.

Matcha is rich in L-Theanine, a unique amino acid that promotes a state of relaxation and well-being by stimulating alpha waves in the brain. By acting as a neurotransmitter, L-Theanine exerts a calming effect on the brain without causing any drowsiness. While L-Theanine is common in all tea, matcha can contain up to five times more of this amino acid than black and other green teas.

-Enhances memory.

Not only does L-Theanine help with relaxation, but it also helps improve memory while inhibiting any possible side effects from caffeine, a natural component of green tea. Therefore, a cup of matcha tea promotes concentration and clarity of the mind without any of the nervous energy found in coffee.

-Boosts metabolism and burns calories.

-Boosts energy.

One of the health benefits of matcha tea is the boost of energy and improved physical endurance. Drinking matcha tea has been shown to increase metabolism by about four times through increased thermogenesis, which is the body’s own rate of burning calories.

The energy boost received from matcha is largely due to its unique combination of L-Theanine and theophylline. Theophylline is a form of caffeine that sustains energy levels without the regular effects of caffeine such as jitteriness, raised blood pressure and heart rate. The slow release of energy due to theophylline helps support the functionality of adrenal glands and maintains optimum hormonal levels.

-Detoxifies effectively and naturally.

High levels of chlorophyll in matcha tea not only give this tea its vibrant green color, but it is also a powerful detoxifier capable of naturally removing heavy metals and toxins from the body as well as helping maintain the alkalinity of blood and tissues.

-Fortifies the immune system.

EGCg in matcha tea has been shown to be effective in fighting various

-Lowers cholesterol.

EGCg in matcha green tea has been shown to have a positive effect on overall cholesterol. Studies have shown that people who consume matcha green tea on a regular basis have lower levels of LDL while displaying higher levels of HDL. This can be because EGCG promotes autophagy by reducing accumulation of lipids in vascular endothelial cells.

Vegas Legal Magazine Winter 2017 | Pg. 85