Spring 2021

The Court of Last Resort What is Next for the Supreme Court?

Influencer Marketing The Business of Influencing Spring 2021

Luxury Spirits

Quality and Status What’s Hot, What’s Not

EDITOR IN CHIEF PRESTON P. REZAEE, ESQ.

ADVERTISING INFO@VEGASLEGALMAGAZINE.COM CALL 702-222-3476

PUBLISHER TYLER MORGAN, ESQ.

CONTRIBUTORS NEDDA GHANDI, ESQ. MARK FIERRO J. MALCOLM DEVOY, ESQ. VALERIE MILLER MARK MARTIAK TYLER BRADY DONOVAN THIESSEN, CPA BRANDON PIERCE CASSIE HOWATT DON LOGAY MYRON MARTIN ANDREW CASH, M.D.

DIRECTOR OF OPERATIONS JEFFRY COLLINS MARKETING DIANA COLLINS CREATIVE DIRECTOR BRANDON PIERCE

32

THE COURT OF LAST RESORT

Contents LAW 12 | COMMON MISTAKES DURING DIVORCE 17 | COURT OF PUBLIC OPINION 22 | CHANGE IN HHS 28 | VEGAS ICON: WILLIAM TERRY 32 | COVER STORY: THE COURT OF LAST RESORT 36 | LAS VEGAS OBSERVERS OFFER OWN OPINION ON SUPREME COURT

12

BUSINESS

51

LIFESTYLE

76

42 | VLM’S BLACK BOOK 44 | STATE OF THE MARKET 51 | LAS VEGAS REAL ESTATE MARKET 54 | PPP & PPP2 58 | A LUMINARY’S LASTING IMPRINT ON LAS VEGAS 62 | THE BUSINESS OF INFLUENCING 64 | PROPRIETOR’S RESERVE

68 | WOMEN AND FIREARMS 74 | SMITH CENTER 76 | LUXURY SPIRITS - WHAT’S NEW GURU 86 | BACK AT HOME 88 | HUMOR

COMMON MISTAKES DURING DIVORCE

LAS VEGAS REAL ESTATE MARKET

LUXURY SPIRITS WHAT’S NEW GURU

LETTER FROM

THE EDITOR

Spring is here again, but this year spring also means a rebirth of Nevada – a reopening of the state.

Likewise, Vegas Legal Magazine will be available in hard copies again – and offering up issues at locations throughout the valley. With the pandemic now getting closer to being in our collective rearview mirrors, the attention of the nation is now focused mostly on the future. And, that future will be greatly impacted by the actions of the highest court in the land. That’s why it is our cover story.

The United States Supreme Court is in the middle of a battle for the very soul of this nation. The battle has intensified as the Biden Administration implements a very progressive agenda, some of which will no doubt be challenged in the Supreme Court. On top of that, talk of “court packing” is heating up.

This issue of Vegas Legal explores what’s at stake, and what’s next, for the High Court.

Also, in this issue of Vegas Legal, we look at the rise of influencer marketing and what every company needs to know. Then, check out our other stories, including why guns sales are on the rise, and why more and more women are buying firearms. And, is this the best time to buy -- or sell – a home? Enjoy the read!

- Preston P. Rezaee, Esq.

VEGASLEGALMAGAZINE.COM | 5

LETTER FROM

THE PUBLISHER

As summer quickly approaches and more of us are vaccinated it is hard not to put COVID behind us. The

reality, however, is that life may never be the same. Las Vegas is welcoming tourists and opening restaurants, and travel is booming. Restrictions are set to be lifted and life seems great! However, we still have a lot more work to do. Other cities (and many countries) are well behind us and the fear of a mutated virus lingers. It is very probable we will need boosters, but whether it is of the same vaccine or one yet to be developed is still unknown. Many still fear the vaccine as much as they do the virus. As much as I’d like to toss away my masks, I suspect I will have to keep them readily available even if for more limited use like at the airport during travel.

The reality is that as Americans we are quick to move on to new things and put the past behind us, but I don’t think we should be too quick to put COVID “in the past.” Taking precautions are smart, not political. I look forward to capacity restrictions being lifted and being able to go to concerts, but the politicization of masks will surely create hiccups. We will hit a point soon when government mandates are lifted; but individuals will still choose to practice precaution. We shouldn’t ostracize those who will still prefer not to shake hands or continue to wear a mask. COVID traumatized many families and individuals and until it is one day eradicated there will always remain a cloud of concern. Unless you are an infectious disease expert, you shouldn’t be giving guidance on precautions against any virus.

If we put anything “in the past” it should be the politization of COVID. We look forward to being able to host another party for Vegas Legal and when we do, feel free to wear a mask if you like and I’ll be sure to still provide some hand sanitizer to anyone who requests it.

- Tyler J. Morgan, Esq.

VEGASLEGALMAGAZINE.COM | 7

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LAW

“Laws are spider webs through which the big flies pass and the little ones get caught.”

- Honoré de Balzac

COMMON MISTAKES

DURING DIVORCE Written By Nedda Ghandi, Esq.

F

iling and going through a divorce is a very stressful situation. Because of this, it’s natural that clients will allow emotions to control many critical decisions. Legal fees, therapist bills and single-handedly shouldering bills can often drain a client’s savings. When your client’s feelings begin to cloud their judgment; mistakes are more likely to be made. Counsel should advise clients up front and early in the process of the common missteps to avoid.

12 | VEGASLEGALMAGAZINE.COM

1

Not considering collaborative divorce or mediation early in the process. The

process of untangling years of marriage can be complex. Too often couples engage in a hostile divorce process, trying to outwit the other which ultimately ends in astronomically high attorney fees and further emotional stress. Collaborative divorce is instead focused on an open process of problem solving and the development of amicable solutions through the guidance of professionals which can include attorneys, accountants and divorce financial planners. While collaborative divorce or mediation may save time and money, it is not right for everyone. In particular, collaborative divorce may not be suitable if there is a power imbalance, lack of transparency in financial matters or if other forms of abuse exist. However, if both spouses want a fair resolution with the least amount of emotional stress, a consultation with individuals who specialize in collaborative divorce may help.

2

Failing to know assets and liabilities.

In many marriages, one partner has a better understanding of the couple’s finances than the other.

As counsel, you need to advise your client that now is the time to start paying attention. The client should be immediately advised to take an inventory of all the assets from the marriage and also the assets that were brought into the marriage by each party. Make sure that your client understands that this is not as simple as knowing what’s in the bank accounts.

The client should be advised to begin gaining access to all of the necessary financial information, including but not limited to, complete bank records, tax returns, pay stubs, appraisals and bills of sale for real estate and large assets, copies of all utility bills, and expense statements, all credit card/ debit card statements, and anything else that accounts for the money spent and acquired during the marriage. The client will also need to track retirement accounts and life insurance policies.

VEGASLEGALMAGAZINE.COM | 13

Clients should also be advised that because Nevada is a community property state, they will likely be held responsible for half of the spouse’s debt even if the debt is not in their name. Even in non-community property states, clients may be liable for jointly held credit cards or loans. Attorneys should obtain a full credit report for both parties, so there are no surprises about who owes what.

3

Underestimating expenses and having unrealistic lifestyle expectations.

Many divorcing couples underestimate just how significant the financial impacts of a divorce can be. It will likely be difficult to maintain two separate households with the same pool of income and assets that were previously sustaining one.

Clients need to be advised early in the process that many changes to spending will be needed to afford daily and monthly expenses going forward.

Many couples fail to take the pre and post-divorce budgeting process seriously. Clients should be asked to come up with a monthly budget that accounts for all ongoing expenses – utility bills, rent/mortgage, insurance payments, subscriptions, entertainment, food, clothing- everything. Many people underestimate their living expenses and later realize they are unable to cover all their expenses.

14 | VEGASLEGALMAGAZINE.COM

4

Ignoring

tax

consequences. Just

about every financial decision made during a divorce comes with a tax bill. Many attorneys push forward with property division without being aware of the tax consequences on their client.

Attorneys need to be aware of the possibility of significant tax consequences to their clients and should negotiate accordingly. For example, the cost-basis of assets being split and the tax impacts of liquidating assets in the future must be considered in negotiating property division.

There may also be considerations in alimony or support obligations and the manner in which those obligations are paid. Attorneys handling divorces should always, at a minimum, advise clients to consult with an accountant or financial advisor regarding the tax consequences of any proposed property, alimony or child support settlements prior to finalizing any agreement so that the tax impacts, if any, are fully understood.

In cases with significant assets, an accountant should be consulted with directly in structuring negotiations to ensure that tax consequences associated with the divorce are accounted for.

5

Properly handling retirement accounts and benefits. If either party

holds a retirement account, counsel needs to consider protecting the client’s share of the assets in any divorce settlement through a qualified domestic relations order (QDRO) which allow for a one-time withdrawal from the ex’s 401(k) or 403(b) account without paying the normal 10% tax, even if the client is under age 59.5.

Additionally, for couples married for 10 years or longer, the lower earning or non-working spouse is entitled to receive social security benefits based upon the higher earning spouse’s record – without impacting the higher earning spouse’s benefit. This can be an important consideration if the client is close to reaching the 10-year threshold as it can make a substantial difference for the lower-earning spouse in the future.

6

Failing to insure the Divorce Settlement. It is possible the client’s

former spouse may die prematurely or sustain a disability, which could result in a loss of income and thus, a loss of alimony, child support, education tuition, or settlement payments if not properly insured. Attorneys should consider reciprocal insurance policies can guarantee that such payments will continue in the event of death or disability of the ex.

7

Talking trash about the other party. It’s very important that clients are

advised to avoid making disparaging remarks about the other party in front of any children or on social media. Doing so can significantly impact how the Court perceives your client. But more critically in divorces with young children, saying unkind things about the ex will most likely upset the children. Most children love both of their parents, regardless of the flaws and faults that those parents may have. Children are the product of both of their parents, so insulting one parent is the same thing as indirectly insulting the child.

8

Holding onto the house. Clients should

think long and hard about whether to keep the marital residence. Most people think of their home as their refuge. Because the divorce is already causing significant changes, clients may cling to the marital residence as a life raft or the one constant that they are not willing to let go of. With only one person paying for the upkeep, property taxes and emergency repairs after the divorce, keeping the home may be a significant detriment. Before deciding to stay, attorneys should ask clients to take a hard look at the likely post-divorce finances to determine whether the client can afford the mortgage, as well as the costs associated with maintaining the property. Clients should likewise be advised that property values fluctuate and resale can take significant time, so they should assume that a sale of the house for the amount needed is assured in the event that money becomes an issue in the future.

VEGASLEGALMAGAZINE.COM | 15

9

Forgetting to update estate planning or beneficiary on death accounts.

Too often, updating wills, powers of attorney, living wills, beneficiary designations and the like are forgotten after the divorce is complete. It is critical to remind a client to recalibrate any estate plan and any beneficiary designations. Referring your clients to a post-divorce estate planning and financial professional can help ensure that the proper documents are updated and assets are retitled accordingly.

10

Thinking divorce advisors are friends. Because divorce is emotionally

stressful, many clients forget boundaries that should remain in place with their attorneys.

Depending on the client and the case, an attorney may be more sympathetically drawn into crossing that line. Clients and counsel need to remember that the lawyer is not a generous confidante whom the client can simply thank with a cup of coffee, but a paid professional who is likely billing the client by the hour. In many cases, and particularly those with young children, the relationship that will continue after the divorce process is the new one with the ex, and not the one with the lawyer. Clients and counsel need to remember the professional, and often temporary, nature of the attorney-client relationship.

It is critical that counsel in the divorce process explain that these common mistakes can have a detrimental impact on custody decisions, property division settlements, and child and spousal support matters, not to mention the long-term impact on the client’s relationships and finances going forward.

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 member 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 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 member 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

COURT OF

PUBLIC OPINION Written By Mark Fierro

P

eople find themselves drawn to law school and to the practice of law for a wide variety of reasons.

Hunter Peterson, a student at the William S. Boyd School of Law at UNLV, found himself thinking about law school after a stint with the Peace Corps in Africa left him 70 pounds lighter with his body decimated by loathsome parasites. His young wife was suffering through medical issues from the recent birth of their new daughter. Not exactly the “Dad, I’ve decided to take a year off backpacking in Europe before going back to school” kind of life arc.

focus on scholastic achievement — though that would be part of the criteria — this scholarship would target students with professional, working life experience outside of the classroom for at least one year after college.

“I was in Guinea in West Africa and I was genuinely having a terrible time not being able to work on the issues that I was passionate about,” Peterson recalled.

“Poor water, not enough food. I ate rice and raw peanuts a lot of the time. One of the family farms I was trying to help with burned down, and I got a few burns trying to put out the fires.

“I personally went to law school later in life,” said Mirejovsky. “I stepped away, I started a business, I worked in the legal industry. I got distracted. I had to go back and be a law student as a bit of an older adult.

“At the same time there was a real child and spousal abuse issue there, which I wasn’t allowed to work on.

Trying to keep the bugs off you while lying down in the shelter at night listening to kids being beaten outside is emotionally scarring. I realized the best use of my time was to come back home to Wyoming and start planning to go to law school.”

As improbable as it sounds, while Peterson was in Africa, on the other side of the world there was a new scholarship in its infancy that practically had Peterson’s name on it.

The funding the scholarship and some of the core ideals behind it were being framed out among Daniel Hamilton, dean of the Boyd School of Law, and Sam Mirejovsky and Ashley Watkins of the Sam & Ash law firm. The idea was rather novel. Rather than a sole

The result was the Sam & Ash Scholarship program, a series of renewable scholarships supporting the Boyd School of Law. The hope was that these students would bring a sense of direction in life as well as empathy for their future clients.

“I recognized very quickly that it’s a hard thing to have to go from earning a paycheck and paying rent and having a family to support to going back and having to pay for an expensive education. It’s hard to re-enter.

It’s a tough thing to do.”

Tough, but that life experience also brought with it the advantages of a much broader context of what it means to be productive.

“I looked around and noticed that other students who had done the same thing as me, who had stepped away for a period of time and got some real-life experience, brought something different to the classroom,” Mirejovsky said. “I saw them graduating and they hit the ground running. They had contacts, they had jobs lined up because they had been in the workforce and they knew what to do.”

For her part, Watkins said the year she took off between college and law school changed the entire direction VEGASLEGALMAGAZINE.COM | 17

of her education — which ultimately changed the What originally appeared to be a clear path had to be course of her life. reconsidered when the realities of the pandemic changed everything, according to Mirejovsky.

“During that year I worked at my father’s law firm clerking for him on a variety of cases,” Watkins “We proposed it before Covid hit,’ Mirejovsky said. said. “I also coached high school basketball at my “When the shutdown came, and it was obviously a very alma mater. Like Sam, I realized that year gave me difficult time for everyone including us, we made the valuable life experience. It taught me how to interact difficult decision to go forward with this commitment we with other lawyers, how to manage life inside of a had made and formalized it. We felt that the need would law firm, how to lead players on a basketball team. be even greater as many people saw that maybe this would be a good time to change their career, to make “So I recognize the value that time between them more inclined to maybe go back to school. schooling provides. It truly does create a practiceready lawyer upon graduation from law school. And “We never thought a pandemic would come along and I would hate for anyone to miss out on pursuing force so many Americans to rethink their careers, but it their dream of becoming a lawyer because of any did.” potential financial hurdles that going to back to school may cause. That was the genesis of why we Dean Hamilton said the Sam & Ash Scholarship will like this type of scholarship.” become a beacon in coming years to other highly motivated, mid-career students to take a closer look at Mirejovsky was deep into his career when he saw a the potential the Boyd School of Law and the Las Vegas different path. community could hold for their future.

“I was an operating officer of a big firm as a nonlawyer,” he said. “I was responsible for staffing and I mentored new lawyers hired by the firm. I can’t tell you how many times we had someone come in who had spent $150,000 on their education and then decided they really didn’t want to be a lawyer. That’s the wrong time to make that decision.”

Sam and Ash and Dean Hamilton also realized that in addition to helping individual students, this type of scholarship could be something of a breakthrough for the community as a whole. The attraction of this type of financial incentive might be the deciding factor in bringing a great deal of human potential that otherwise might never call Las Vegas home.

It definitely worked for Peterson. The scholarship breathed new life into his hopes for continuing his education. His post-Africa stresses were only the beginning of his challenges.

“Upon becoming the recipient of this scholarship, my first reaction was relief, particularly with coronavirus hitting at the same time,” Peterson said. “Just the fact that my family knew for sure we could get a lease, we would have gas money to get there, we wouldn’t have to scrimp and save for groceries for three months. We could actually come down here and live our lives. It was a huge relief.”

18 | VEGASLEGALMAGAZINE.COM

“Hunter is Exhibit A for the kind of impact that this generous scholarship can create. Hunter is from Wyoming, he excelled in college, he went to the Peace Corps and worked in biotech before coming to law school,” Dean Hamilton said. “He’s just exceptionally well-qualified.

His application is extremely impressive. He could have gone mostly anywhere. The opportunity to come in with a named scholarship is what makes the difference and

what enables Boyd to recruit students like Hunter, who contribute a great deal to the law school and to Las Vegas, and in many cases stay in Las Vegas for their careers. If you add five students each and every year, that becomes a large cohort of Sam & Ash Scholarship students whose lives have been changed by this generosity.”

On a sunny late fall day at an open-air lunch with Dean Peterson, Sam and Ash and Hunter Peterson finally had a chance to meet. The attorneys had no role in the selection process, but they were moved

by Peterson’s story.

“One of the results of this pandemic was that it created much more of a financial need for so many people,” Watkins said. “As a law school, for UNLV to have this additional financial incentive to attract great candidates, it’s one of the reasons Hunter ended up here. He was evaluating other options and when it came down to financials, he was looking for where he would have the best situation. It was really rewarding to have a role in that and attract a great candidate to Las Vegas who might have otherwise gone somewhere else.

“I hope that 20 years from now we’re in a position where the scholarship has increased, and that it has also propelled these recipients into the legal community and has inspired them to give back either financially or with time, with a mentorship,

and to pay it forward.”

Peterson said the scholarship was the difference between shifting from goals to focusing on achievements.

“It was the scale. After seeing, hearing, smelling, feeling it in one of the poorest places in the world, it really gave me new perspective of what I wanted for myself, what I wanted for my family, and the scale of issues I could work on,” he said. “I don’t know if I can ever save the world, but if I can help people one client at a time, that’s what I want to do.”

“Twenty years ago there wasn’t a law school in Nevada,” Dean Hamilton said. “Now there are 2,000-plus alums and one in four active lawyers in the state is a Boyd graduate. The speaker of the Assembly and the Senate majority leader are Boyd grads, along with more and more judges. Support from Sam & Ash is a difference maker in drawing top students to the law school. That’s what we need to keep the momentum going.

“There is also a multiplier effect. Imagine the great good a student like Hunter will do over a 40- to 50-year career and all of the people who will benefit from them being his lawyer, then multiply that by five students this year, 10 next year and 15 the year after that. That quickly becomes a huge ripple effect as law students who might have gone to other law schools join us and have legal careers in Las Vegas and in Nevada that would not have been possible without this scholarship support.”

Change in the HHS 2021 Looks to Be a Year of Change for the United States Department of Health and Human Services and the Medical Field it Regulates

Written By J. Malcolm DeVoy, Esq. 22 | VEGASLEGALMAGAZINE.COM

I

n the long-forgotten days before COVID-19 became the be-all, end-all of every conversation, news report, and waking thought, the United States of Health and Human Services (“HHS”), under the direction of President Trump, began what was described as a “regulatory sprint” to update and modernize healthcare regulations to reflect the current state of technology, care delivery, and payment. Comments were solicited, proposed rules were even issued, and then the curtain of COVID-19 fell upon the healthcare landscape. Heady speculation about which proposed rules for expanding Stark Law and Anti-Kickback Statute safe harbors was abruptly replaced by nurses’ choreographed TikTok videos and a focus on front-line workers that disguised the immediate crises in healthcare: layoffs occasioned by cancelled elective procedures, catastrophic burnout of healthcare providers across all levels, and confusion about the proper course of care for a disease that was new and not understood.

Time marched on like it always does. We learned that the ventilators that were in such short supply at the beginning of the pandemic were probably harming patients due to being used on too aggressive a setting. Politicians and health officials criticizing masks as alarmist and unnecessary gave way to mandates requiring masks all the time and everywhere.

Pharmaceutical companies long criticized for their overly accessible marketing and enormous revenues were heralded for their vaccines.

Against this background, it hardly is surprising that the healthcare industry’s takeaway will be lasting changes that took effect in 2021, the year following the onset of a pandemic that changed the present and possibly the lives for all of us.

These new and anticipated changes follow:

New Anti-Kickback Statute Safe Harbors and Stark Law Exceptions.

On January 20, 2021, new rules took effect that significantly changed the application of the two principal laws governing healthcare contracting and relationships, the Anti-Kickback Statute and the Stark Law. Both of these laws place restrictions on the contracting practices and financial relationships that may be created by healthcare providers that submit claims to and receive payment from Medicare and Medicaid. The new regulations added numerous safe harbors that, if complied with, immunizes certain financial relationships from criminal prosecution under the Anti-Kickback Statute. Similarly, correlating

rule changes created exceptions to the Stark Law’s prohibition against physician self-referral that correspond to the new Anti-Kickback Statute safe harbors; complying with the conditions of these exceptions will protect physicians from being liable for civil damages under the Stark Law where healthcare services are referred to a physician or entity (such as a pharmacy, physical therapy practice, imaging company, hospital, or other facility) that has a financial relationship with the referring physician.

Prompted by the growth of clinically integrated networks and value-based payment relationships between payers (e.g., Medicaid control organizations), the Anti-Kickback Statute and Stark Law revisions allow more flexibility in contracting.

Participants in value-based enterprises are allowed to make payments that reflect one party taking full risk for performing its contractual obligations, or partial risk of thirty percent (30%) or twenty percent (20%) based on the level of financial exposure the contracting party assumes for rendering care

to a patient population for a period of time.

The new rules also make it easier for providers to exchange in-kind compensation in the form of services in order to coordinate patient care.

Limited in-kind remuneration is also allowed for patients in order to facilitate their participation in a compliance and post-care program. Finally, payments to contractors can be outcome-based as long as the outcomes are measurable, defined in advance, and backed by clinical research.

As the sweep of these changes is tremendously broad, not all of them can be discussed in detail in this article. The new rules create a framework for collaboration that previously was missing, or imperfectly addressed, by existing safe harbors and exceptions. These new rules serve as a catalyst to inter-group cooperation and coordination that has been slow to emerge in Las Vegas, but that have been the norm for years in other markets across the East Coast and Midwest.

The changes to the Anti-Kickback Statute’s safe

harbors and Stark Law exception regulations were vast and years in the making. The United States Senate Finance Committee had long investigated potential changes to the Stark Law and HHS regulations to reduce the compliance burdens on physicians who were employees or did not own the business or enterprise at issue.

While the new regulations did not go that far, they offered significant relief, flexibility, and new opportunities for individual providers and other entities subject to these laws.

Changes to Organ Donation and Delivery.

Following on the Trump administration’s executive order to expand the availability of kidney transplants and reform under-performing organ procurement organizations (OPOs) in July of 2019, a new rule implemented by the Centers for Medicare and Medicaid Services (“CMS”) took effect in January of 2021. CMS is the agency within HHS that is responsible for regulating Medicare and state Medicaid programs, but also is tasked with overseeing OPOs. CMS’s organ donation rule mandates more transparency regarding OPO performance, allowing the ranking and identification of best- and worst-performing organization, and requiring competition among OPOs based on their success in facilitating organ transplants.

These new standards reward OPOs for seeking and securing the successful transplant of as many organs as possible, measured by objective data. The new CMS rule contemplates a wave of consolidation within the OPO marketplace, where low-performing organizations will be absorbed into higher-performing organizations.

Upon threat of obliteration, CMS has made it clear that OPOs will be measured, and publicly ranked, based on their contribution to procuring organs to satisfy a large waitlist that cannot be satisfied by current organ supply levels, and ensuring that donated organs successfully reach a recipient.

Proposed Changes to HIPAA. In December of 2020, the HHS issued proposed changes to the Privacy Rule that implements the

Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) with respect to confidentiality and access of patient information.

Following a recent trend in HIPAA enforcement actions to remedy lack of patient access to healthcare records, the proposed revisions to the Privacy Rule focus on expanding the definition of healthcare activities to facilitate the sharing of patient records across numerous entities— including those that might not be covered entities—to ensure patient information is shared along the continuum of care.

The proposed rule also eases the burdens patients sometimes face in obtaining their healthcare records, ranging from proof of identity requirements to per-page copy charges set by state law (in Nevada, $0.60 per page).

Depending on the portions of the proposed rule that are made final, health care providers may face new requirements for providing healthcare records to patients and third parties, and may have to adopt new policies and practices, in addition to conducting new training to frontline staff responsible for handling patient records.

These rules are merely proposed rules, for which comments were solicited from affected parties—including physicians, medical facilities, and service providers who may facilitate the exchange of records between covered entities and patients. As seen in the comparison between the proposed rules and the final rules actually adopted by HHS in changing the safe harbors and exceptions to the Anti-Kickback Statute and Stark Law, as discussed above, the contents of the proposed rule are often more expansive than what ultimately is adopted in the final rule.

Personnel Changes.

An unexpectedly controversial choice for the Secretary of HHS, the Biden administration nominated California Attorney General Xavier Becerra to lead the department at the outset of his administration. At the time of this article’s writing, his confirmation for this role by the Senate is expected but has not yet occurred. Observers on both sides of the political aisle have criticized Becerra’s nomination for different reasons.

While the political right has faulted Becerra’s record on family planning and the availability of abortion, the right and those on the left to criticize Becerra have found common ground in questioning his nomination when he lacks experience in public health administration.

What Becerra lacks in healthcare policy experience, however, he more than compensates with law enforcement experience.

As California’s Attorney General, he repeatedly represented the state before the United States Supreme Court and oversaw California’s law enforcement priorities. Thus, Becerra’s appointment as secretary may presage more aggressive enforcement of laws that HHS is empowered to enforce, including seeking civil damages under the Stark Law and the Civil Monetary Penalties Law (which includes a mechanism for recovering civil penalties—i.e., money—for violations of the Anti-Kickback Statute).

Any gaps in Becerra’s healthcare experience may be filled by the Centers for Medicare and Medicaid Innovation (“CMMI”). CMMI is an office within CMS that is responsible for developing and adjusting innovative payment 26 | VEGASLEGALMAGAZINE.COM

plans, including bundled and episodic payments, value-based payments, and reimbursement through accountable care organizations.

Consequently, HHS’s leadership by an official with limited healthcare policy experience may not be an impediment to developments in healthcare policy and new agency-level initiatives, even if not led directly by the Secretary himself.

J. Malcolm (“Jay”) DeVoy is Of Counsel in the Las Vegas office of Holland & Hart LLP, a multi-state law firm of 400 attorneys serving the Mountain-West region. Jay regularly advises physicians, practices, and medical facilities including psychiatric facilities, surgery centers, and hospitals regarding compliance with federal and state healthcare laws, including the Anti-Kickback Statute, Stark Law, HIPAA, and Nevada’s self-referral law. _________________________________________________________________________________________ 1 Bram Sable-Smith, ‘Almost a Death Sentence’: How Wisconsin Doctors, Peers are Rethinking Ventilators for Coronavirus, Wisconsin Public Radio (Mar. 5, 2020), available at https://www.wpr.org/ almost-death-sentence-how-wisconsin-doctors-peers-are-rethinking-ventilators-coronavirus (last accessed Mar. 7, 2021).

2 Megan Molteni & Adam Rogers, How Masks Went from Don’t-Wear to Must-Have, Wired (July 2, 2020) available at https://www.wired.com/story/how-masks-went-from-dont-wear-to-must-have/ (last accessed Mar. 7, 2021) 3 42 U.S.C. § 1320a-7b.

4 42 U.S.C. § 1395nn.

5 J. Malcolm DeVoy & Amber C. Ellis, Final Rules of Stark and Anti-Kickback Reforms Issued by CMS and OIG, Holland & Hart LLP (Nov. 23, 2020), https://www.hollandhart.com/final-rules-forstark-and-anti-kickback-reforms-issued-by-cms-and-oig (last accessed Mar. 7, 2021).

6 Id. 7 CMS Finalizes Policy that will Increase the Number of Available Lifesaving Organs by Holding Organ Procurement Organizations Accountable through Transparency and Competition, CMS (Nov. 20, 2020), https://www.cms.gov/newsroom/press-releases/cms-finalizes-policy-will-increase-number-available-lifesavings-organs-holding-organ-procurement (last accessed Mar. 7, 2021).

8 45 C.F.R. Part 164, Subpart E. 9 Codified in 42 U.S.C §§ 1320d through 1320d-8.

10 Jennifer J. Hennessy, et al., HIPAA Right of Access Initiative: 2020 Year in Review, National Law Journal (Dec. 11, 2020), available at https://www.natlawreview.com/article/hipaa-right-access-initiative-2020-year-review#:~:text=Summary%20of%20HIPAA’s%20Access%20Right,45%20CFR%20 %C2%A7%20164.524. (last accessed Mar. 7, 2021).

11 See NRS 6239.061(3), (4), and (5).

12 “Covered entities” are defined within the HIPAA regulations to include health care providers who transmit health information in electronic form in connection with a transaction covered by HIPAA. 45 C.F.R. § 160.103 13 42 U.S.C. § 1320a-7a.

14 Id. § 1320-7a(a)(7).

VEGAS ICON

Remembering Attorney William Terry

Written By Mark Fierro police officers got in trouble, they went to Bill Terry. If attorneys or judges got in trouble, they went to Bill. Any question about a bar hearing or a disciplinary hearing, they could rely on Bill. He kept it low-key. He never talked much about it. But judicial disciplinary work was one of his specialties, probably more so than any other attorney.”

“If

“I don’t particularly value anyone else’s opinion on law, except for Bill’s,” Pitaro said. “He was the only one. If I had a question, I would run it past Bill first.

Someone said to me, ‘Bill Terry is the only person you allow to give you advice.’ I said, ‘you’re right.’

Look at the [Ted] Binion case with Sandy Murphy — when it got reversed, [Alan] Dershowitz took all the credit. Actually Bill wrote that. That was his.

That’s how Tom Pitaro, Terry’s longtime close friend and confidant, and himself a giant in the Las Vegas legal community, described Terry, the celebrated Las Vegas defense attorney who died January 15 at age 74.

“The thing I’ll say about Bill is that most attorneys are practitioners of the law. Bill was a student of the law. That, to me, is a profound difference. He would understand the philosophy and the essence of the law. He was a true student of the law.”

If you spent any time with Terry, whether across the courtroom or across the permanent inversion layer of cigarette smoke that settled over his desk, you got the sense that there was a nuclear reactor-fired intellect at work within his mind.

And there was really only one man Terry would turn to: Tom Pitaro.

In that rarified air at the peak of the defense bar, Bill Terry was one name that countless attorneys of all stripes turned to for advice.

28 | VEGASLEGALMAGAZINE.COM

Prominent attorney Ozzie Fumo, a longtime friend of Terry and partner of Pitaro, said of Terry’s relationship with Pitaro: “Tom was Bill Terry’s guy. If Bill had a question, he would always want to know what Tom thought. But Bill was better than any of us. He was the best. The only person he could turn

to was Tom, and Tom could only turn to Bill. I don’t know what Tom is going to do now.”

Terry had a secret to making his practice and his encyclopedic knowledge of criminal law look easy: He just never stopped working. Given a choice, he was most at home in his office seven days a week.

It Terry called to go to lunch on a Saturday, he wasn’t coming from home. He was taking a break from the office — same thing on Sundays.

Fumo said those seven-day work weeks set the stage for a lasting string of sessions about life and the law. “He came up to me one day and said, ‘I noticed you work Saturdays. Let’s get together for lunch.’ This was about 15 years ago, and it had been going on since then with Bill, Tom and myself.”

It wasn’t just a chance to shoot the breeze. Fumo said: “Bill would always want to discuss a particular issue with us, and being the consummate professionals that they are, Bill and Tom would never mention the name of whoever they were discussing. If Tom or Bill was representing a judge, say, I would never hear the name — only the issue. Their ideas would ping pong back and forth at lunch, and I would listen and gain all this knowledge. These were some of the most valuable times of my life. About five years ago he brought attorney Ryan Helmick along, who was like a son to Bill.”

It says something when a young attorney is trusted enough to be brought into a group of friends like that. “They kind of took me in to their Saturday lunch crew,” said Helmick, of the Richard Harris Law Firm. “I sat there in awe as a young lawyer. I felt like I was sitting there with these giants of the Las Vegas legal scene, these guys with experience in the biggest cases. I just tried to absorb as much information as I could.”

Fumo said that when the lofty talk about legal issues wrapped up, Terry had a routine he followed before he returned to work on Saturday afternoons. “He would take leftover food from meals and give them to a homeless guy right outside the Courthouse Bar and Grill, and never talked about it or advertised it. Just like he would

give Halloween candy to kids with cancer, never mentioned it. He just did it. He didn’t even talk about it.”

Helmick said it was that compassionate spirit that made Terry his ultimate role model.

“Bill was my dad’s lawyer, and my dad asked Bill if I could shadow him,” Helmick said. “So I would shadow him once a week for his court dates. I started reading up on him, and I was so in awe even before I got to know him. I felt very fortunate and blessed that I had the opportunity to learn from the best of the best.

“So we had the mentorship, then he started inviting me to breakfast at the Courthouse Bar and Grill, Bill and some of the guys including Ozzie, Tom, some judges and prosecutors. He was a phenomenal lawyer. He cared about his clients and he was able to portray that in a way that also got the judges to care.”

It’s telling that for all of his legal accomplishments, Terry counted his greatest achievements outside the courthouse.

“The thing he was most proud of was being a father,” said Pitaro. “He loved his kids [Billy, Jenny and Freddie]. Everything he did was dedicated to them. It was a remarkable thing to see how he did it. He was always there for them. When you go into Bill’s house, he has walls of photos of his kids. In his office, he has school photos of them from every year.”

Fumo said Terry always remained grounded: “No matter what case was going on, no matter what else was happening, every Wednesday night was reserved for dinner with his kids.

Pitaro added: “If you say that Bill Terry was an outstanding attorney, that’s true. If you say he was a student of the law, that’s true. If you say he worked seven days a week at his law practice, that’s true.

But within that, he was Bill Terry the father. If you knew him you would see it.”

Those could sound like mere platitudes for an old pal, but there is evidence Terry took the father VEGASLEGALMAGAZINE.COM | 29

thing pretty seriously.

“Bill would always have Easter parties and Christmas parties,” Pitaro said. “At Easter, Ozzie would be the Easter Bunny in a costume. At Christmas, I would dress up and be the Santa Claus at his party, give out presents to everyone.”

For the record, Bill Terry got Ozzie Fumo to dress up as the Easter Bunny. He got Tom Pitaro to dress up as Santa, for years. That is a persuasive attorney.

“The Fourth of July was special too because Billy would bring in fireworks from other counties and there would be a big fireworks party,” Pitaro said.

“By the way, they were neither safe nor sane.”

To those closest to him, Terry was fondly remembered for his basic approach to the little things in life — his wardrobe being one. Every single day Terry wore one of two colors: black or dark black.

Helmick said Terry was a two-car kind of guy — but not the kind of cars you would expect: “He drove an old pickup truck and an old Toyota Camry. He wasn’t flashy. He wore a Mickey Mouse watch. He carried the same briefcase since I’d known him.”

If there are takeaways, Helmick said the secret sauce of Terry’s skills set is an uncommon one.

“His listening skills were unbelievable. We call it ‘listening with the third ear.’ Bill was always able to pick apart things that the client was missing, or wasn’t able to say, or was really feeling,” Helmick said. “I thought, wow, how did he know that? How was he able to pick up on that? He had a secret antenna to pick up on the true feelings of people.

He took the sugar and the hammer approach. You try the sugar first, and if that doesn’t work you hit them over the head with a hammer. He wasn’t afraid of a fight. But he treated everyone well and was always professional and humble. That’s the approach I try to use to this very day.”

His empathy for clients gave Terry a laser focus that became the core of his approach, according to Pitaro.

30 | VEGASLEGALMAGAZINE.COM

“He was always ready to take on whatever argument was there,” Pitaro said. “He was never screwing around. He was always ready. He never raised his voice much — not like me or Ozzie. He was a calming influence. Every judge that he ever appeared in front of him would take what he said as gospel. They knew that he wouldn’t embellish.

They knew he would tell it like it is. He did a lot of work behind the scenes that others might have gotten credit for. It’s a great loss.”

Judges and attorneys weren’t the only ones at the courthouse who were treated with respect.

“I noticed how he treated the security guards and the courthouse, he’d give them cigars as gifts. He always had little gifts for the clerks,” Helmick said.

“I got to watch this man and how he lived his life.

I always did a lot of listening. I saw how important his family was to him. I tried to emulate all that as best I could. He was a superhero to me, as a lawyer and as a person.”

How important is it for a young attorney to find their Bill Terry in their career? Helmick said: “It’s so important to learn from somebody else, to pick up knowledge from another person in your life like that, to help pull you up the ladder. Fewer people think that is important anymore, but I think it’s extremely important. It was for me.”

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THE COURT OF LAST RESORT What is next for the Supreme Court?

Written By Valerie Miller

T

he Supreme Court, long known as “the court of last resort,” is now catching heat from both sides of the political aisles for both its actions and inactions. Gone, possibly forever, are the days of strictly viewing the court in terms of conservatives and liberals. Supreme Court observers have been left to read the tea leaves to figure out how this version of the court will rule—or decline to rule -- on any given case.

In a country that is more politically polarized than ever before, the Supreme Court has a seemingly impossible task of trying to appear fair. That’s no small feat considering the court is made up of, at least on paper, six conservative and three liberal justices. During the four years of the Trump Administration, President Donald J. Trump made an indelible mark on the court, appointing three Supreme Court justices.

That’s a third of the entire nine-member body. Trump’s picks included Neil Gorsuch, Brett Kavanaugh, and lastly, Amy Coney Barrett.

In December, however, many conservatives and Trump supporters were bitterly disappointed in the three Trump appointees as they voted not to hear a case challenging the November 2020 election results in some key states. The case was brought by Texas, with many other states joining in support. Las Vegas-based Pro-Trump radio host and author Wayne Allyn Root called the trio of Trump appointees “cowards” who are “afraid of their own shadows.”

Gorsuch and Barrett had been viewed as the most reliably

32 | VEGASLEGALMAGAZINE.COM

conservative of Trump’s picks. Meanwhile Kavanaugh was more looked at as a “safe pick” conservative that most Republican senators could get behind at a time when they hardly had a vote to spare in getting a Trump pick confirmed.

Of course, Kavanaugh didn’t have a smooth confirmation in 2018, as Democratic senators hit him with decades-old allegations of sexual misconduct from the judge’s high school and college days. Kavanaugh was narrowly confirmed by the Republican majority after a spectacle was made at his confirmation hearing. Kavanaugh vehemently denied the charges.

RBG’s Death Dramatically Changes the Court The high court was set again at nine members after Kavanaugh’s confirmation, and stayed that way until the death of the liberal Associate Justice Ruth Bader Ginsburg in September of last year, after a long battle with cancer.

In reflecting now on the death of the liberal icon, University of Nevada, Las Vegas Boyd School of Law Professor Ann McGinley says Ginsburg’s legacy cannot be understated.

“As to the loss of Justice Ginsburg, I think it is incalculable the amount of intelligence and love of humanity that she brought to her job. Her work, over a period of decades, likely saved many lives, and definitely created a fairer and more equal country for all types of people,” McGinley reflects.

Again, as a result of the passing of Ginsburg, President Trump was given a chance to pick a Supreme Court justice, and this time it was a name that was on his short list for a long time: Conservative Judge Amy Comey Barrett. She was rumored to be Trump’s first choice to replace the retiring conservativeturned-swing-voting Associate Justice Anthony Kennedy in 2018. But with basically no Republican Senate votes to spare, the president opted for Kavanaugh, who had seemed to have an easier path to confirmation. Of course, it didn’t turn out that way.

Barrett was confirmed to replace Ginsburg right before the November 2020 general election, in spite of Democratic lawmakers crying foul over the move. They pointed to the decision of Senate Majority Leader Mitch McConnell, R-Ky., to not hold a confirmation hearing for Judge Merrick Garland in the months before the 2016 presidential election. ThenPresident Barack Obama had nominated Garland to fill the seat left vacant by the sudden death of Associate Justice Antonin Scalia earlier that year.

After his inauguration in 2017, then-President Trump picked conservative Judge Neil Gorsuch to fill Scalia’s seat. But after his own inauguration, President Joe Biden picked Garland to be his attorney general.

Constitutional Rights Under Fire?

The arrival of the COVID-19 pandemic has resulted in restrictions on civil liberties that would have seemed unimaginable in the United States in just a few years ago.

Churches were ordered to close for the sake of “public safety,” even as other businesses were sometimes allowed to stay open or have fewer restrictions.

Associate Justice Samuel Alito told the Federalist Society in November that two constitutional protections – the First Amendment right to free exercise of religion, and the Second Amendment right to bear arms – are rapidly becoming “second-class” liberties.

In Alito’s keynote address at the group’s 2020 National Convention, the conservative justice asked: “What has (the pandemic) meant for the rule of law?”

Though Alito was adamant that he was “not diminishing the virus’ threat to public health” or the “legality of COVID restrictions,” Alito maintained that the pandemic “has resulted in previously unimaginable restrictions on individual liberty.”

VEGASLEGALMAGAZINE.COM | 33

Alito pointed to a Nevada case involving the Calvary Chapel outside Carson City. The church unsuccessfully petitioned the Supreme Court this past summer to allow it to increase its capacity at worship services. The request came at a time that restrictions by Democratic Nevada Gov. Steve Sisolak had limited religious gatherings to 50 attendees. At the same time, he had permitted casinos to operate at 50 percent of their capacity. Alito criticized his own court for denying the chapel’s petition. Alito argued that the court “allowed (religious) discrimination to stand.”

The justice worried about religious freedom. “Religious liberty,” Alito warned, “is fast becoming a disfavored right.”

When referring to what Alito called the new “second-class rights,” he also expressed his fears over eroding SecondAmendment gun rights in the United States.

“The ultimate second-class right in the minds of some is the Second Amendment,” the justice told the Federalist Society.

Boyd Law Professor Ann McGinley doesn’t like the direction of the Supreme Court. That said, she does see some positive steps to protect civil liberties.

“As it is today, the Court is configured to give much greater deference to corporations than to people and to ignore the importance of our civil rights,” McGinley says. However, McGinley was pleasantly surprised in the Bostock case, which was “about whether Title VII forbids discrimination based on sexual orientation and/or transgender status.”

McGinley says the result in that case was “good,” but she still “believe(s) that the Court created a giant gaping whole -- as an exception -- when it noted at the end of the opinion that an employer’s religious beliefs may, in the future permit, discrimination in the workplace based on sexual orientation and transgender identity.”

What’s Next for the Court?

The second major constitutional challenge to the Affordable Care Act is one of the biggest cases for the Court to decide.

Beyond even the court docket, however, the very make up of the court, is subject to change now that the Democrats control the presidency and both houses of Congress.

Leslie Griffin, who is a professor at UNLV’s Boyd School of Law, says the calls of some democratic lawmakers to increase the number of justices from the current nine is unlikely.

“I’d be surprised if the Biden administration tried to grow the Court…but you never know,” she says.

Griffin also points to the diminished power of Chief Justice John Roberts in the Court. “Many people think Roberts is no longer the swing justice, as Barrett replacing Ginsburg means

there are five—with her joining (Associate Justice Clearance) Thomas, Alito, Gorsuch, and Kavanaugh--to make a majority without looking for Roberts’ vote.

Radio personality Root firmly believes the Democrats will “pack the Court” and isn’t afraid to say it.

“I believe liberals will soon pack the court,” he insists. “We have a radical administration who learned from Saul Alinsky and other radical Marxist thinkers, that ‘the ends justify the means.’”

Alan Stock, a longtime local conservative-libertarian radio personality is doubtful that the “moderate” Democrats will allow the number of Supreme Court judges to be increased.

“I don’t think ‘court packing’ will happen as there are not enough senators to go along with this fascist idea,” Stock predicts. “There are Democrats who realize this is B.S. and nothing more than a grab for control.”

The battle for the Supreme Court is part of a bigger battle for the heart and soul of the United States, Stock believes.

“The cultural war will continue over the next four years,” he warns. “We are in the midst of a cultural civil war…make no mistake about it.”

Valerie Miller is a Las Vegas area-based journalist. She can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.

VEGASLEGALMAGAZINE.COM | 35

Las Vegas Observers Offer Own Opinions on this Supreme Court Written By Valerie Miller

L

egal professionals, political commentators and other Las Vegans have diverse predictions, hopes – and fears --- for the new Supreme Court.

A key case for University of Nevada, Las Vegas Boyd School of Law Professor Leslie Griffin is Fulton v. City of Philadelphia, where “(the city) is claiming a free exercise right to discriminate against same-sex couples who want to be foster parents,” she says. Griffin also wrote an amicus brief in that Fulton case.

In the bigger picture, President Donald Trump’s impact on the court will be felt for decades, Griffins continues. “Usually, court watchers understand that the Court changes every time you add a justice. Trump has added three Justices to the Court, which is incredible given that President (Jimmy) Carter, e.g., never even got to nominate one justice.”

But Griffin is just as concerned about the religious backgrounds of a vast majority of the justices and how that will impact the way they vote on cases. “I am one of the few who think it should be controversial that (Chief Justice John) Roberts, and Justices (Clearance) Thomas, (Samuel) Alito, (Sonia) Sotomayor, (Brett) Kavanaugh, and (Amy Coney) Barrett are all Catholic, and (Neil) Gorsuch was raised Catholic,” she points out. “As a person raised Catholic, I believe there should be a lot more religious and nonreligious diversity on the Court, as that would reflect the population of the United States.”

Ruben Garcia, also a UNLV Boyd School of Law professor, sees more-subtle changes when it comes to landmark past precedents, such as the 1972 Roe v. Wade decision, which legalized abortion.

“In the last several years, we have had a number of attempts to get an abortion case to the Supreme Court. If not this year, then maybe next year we will see that (happen),” he predicts. “We have new justices, so will they uphold the decades-old precedent or overturn it? It is hard to see.”

Instead, Garcia says it is more likely the Supreme Court will give more power to the states to craft their own restrictions on abortion.

Garcia predicts more religious cases, and more first amendment cases, going to the Supreme Court in the near future. More than simply watching the cases argued before the Supreme Court, the law professor says observers watch the “shadow docket,” where cases are briefed and argued in the lower courts. “The (Supreme) Court can step in and say (it is a constitutional violation). In these cases, it doesn’t have to be a full (panel of the judges) weighing in on it.”

Likewise, Garcia doesn’t see the Court throwing out the entire Affordable Care Act as unconstitutional in the latest challenge to “Obamacare.” “I would find it surprising – even if the majority find (the individual mandate) unconstitutional – that they will go as far as to invalidate the whole law. But we have new justices, so we will have to see.”

Michael Green, a UNLV historian and professor, discussed the criticism of Chief Justice John Roberts that he has been reluctant to hear hotbutton cases. In addition, some conservatives have been disappointed in Roberts’ swing votes, which have seemed to benefit the liberals in recent major decisions. These include a pre-election

case involving the constitutionality of swing-state Pennsylvania’s voting law changes, which critics argued were designed to favor Democrats in the 2020 election. That decision, however, came down prior to Barrett’s voting tenure.

“Roberts … seems to try to steer the court away from being excessively doctrinaire conservative or taking on too much public controversy,” Green surmised. “But with the so-called liberal bloc down to three, and the possibility that there are five votes now to do whatever those five feel like doing, Roberts may have to adopt different tactics.”

Conservative radio show host Wayne Allyn Root is far less diplomatic in his critique of the chief justice: “In my opinion, John Roberts is a fraud,” he says.

The Texas attorney general’s post-election challenge case was turned down by the Supreme Court out of fear of retaliation by “the liberal mob,” maintains Root, who just wrote the new advice book, “Trump Rules.”

“The Supremes are clearly scared to death to fall victim to the liberal mob and negative media headlines. They’re scared of mobs of thugs showing up at their home in the middle of the night to burn them down,” the host and author says bluntly. “They’re scared of never being able to eat out in Washington, D.C. ever again -- without liberal mobs screaming and spitting in their food.

They’re scared of their children and grandchildren being beat up at school.”

Fear of being demonized in the press, and by one side, influences the nine justices, Root stresses.

“They’re scared of doing what’s right, but then being called a ‘racist’ by raving liberal radicals. This is why they turned down the Trump election case brought by the Texas AG, and 17 other states.”

38 | VEGASLEGALMAGAZINE.COM

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VEGASLEGALMAGAZINE.COM | 43

STATE OF THE MARKET Written By Mark Martiak The Markets (first quarter through March 31, 2021)

A

s we closed out 2020, the overwhelming sentiment entering January was that it couldn’t get much worse. Unfortunately, January did not start out on a high note. During the first week of the month, protesters stormed the United States Capitol, leading to violence, the disruption of the presidential election certification, and several deaths. Nevertheless, the inauguration of Joe Biden as our 46th president took place as scheduled. January also saw the emergence of virus mutations, the uneven distribution of COVID-19 vaccines, and the gradual relaxation of pandemic-related restrictions. Also during January, a new phenomenon in stock price manipulation emerged involving several companies, including a video-game company.

Ultimately, stocks closed the month mixed, with the Russell 2000 and the Nasdaq gaining, while the Dow and the S&P 500 fell. Treasury yields, the dollar, and crude oil prices advanced.

better-than-expected fourth-quarter corporate earnings. By the end of February, each of the benchmark indexes listed here posted gains led by the Russell 2000, which advanced more than 6.0%. The yield on 10-year Treasuries continued to grow, crude oil prices pushed past $61 per barrel, and the dollar rose. Only 50,000 new jobs were added in February, although unemployment claims decreased.

Major equity indexes reached record highs in February, only to pull back by the end of the month. Fearful that inflationary pressures would mount, investors favored value stocks over growth, pushing small-cap and mid-cap stocks higher. Investors were encouraged by President Joe Biden’s $1.9 trillion stimulus proposal, accelerated vaccine distribution, and

Overall, the first quarter was definitely eventful.

Additional federal stimulus payments lined many pocketbooks; a group of amateur traders banded together through social media to drive shares of a video gaming company to astronomical heights; interest rates jumped, stoking fears that inflationary pressures were rapidly building; and equities ultimately enjoyed robust returns. The

Stocks continued to push higher in March. Several of the benchmark indexes posted noteworthy gains including the Dow (6.6%), the S&P 500 (4.2%), and the Global Dow (4.0%). The Russell 2000 (0.9%) and the Nasdaq (0.4%) advanced moderately. Among the sectors, industrials (8.1%), utilities (7.4%), consumer staples (6.5%), and materials (6.4%) led the way. Treasury yields and the dollar advanced, while crude oil prices and gold fell.

small caps of the Russell 2000 gained nearly 12.5%, the Global Dow climbed 9.4% and the large caps of the Dow (7.8%) and the S&P 500 (5.8%) posted solid gains. Tech shares, which had driven the market for much of 2020, slumped during the quarter, but still gained enough ground to push the Nasdaq up by almost 3.0%.

Energy shares posted some of the biggest gains in the quarter, with that market sector surging over 30.6%. Financials jumped 18.0%, followed by industrials (12.0%), materials (10.8%), and real estate (10.0%). Only information technology failed to advance by the end of the quarter. The yield on 10-year Treasuries climbed more than 80 basis points. Crude oil prices increased and the dollar rose. Gold prices fell nearly 10.0% in the first quarter. Year to date, the Russell 2000

is well ahead of its 2020 year-end closing value, followed by the Global Dow, the Dow, the S&P 500, and the Nasdaq.

The price of crude oil (CL=F) closed at $59.32 per barrel on March 31, lower than the February 26 price of $61.50 per barrel but well above the December 31 price of $48.52. The national average price of retail regular gasoline was $2.852 per gallon on March 29, up from the February 22 price of $2.633 and 27.0% higher than the December 28 selling price of $2.243.

The price of gold finished March at $1,708.40 per ounce, lower than the February 26 price of $1,728.10 per ounce and significantly below its December 31 closing value of $1,893.10 per ounce.

Stock Market Indexes

Chart reflects price changes, not total return. Because it does not include dividends or splits, it should not be used to benchmark performance of specific investments.

VEGASLEGALMAGAZINE.COM | 45

Last Month’s Economic News Employment

There were 379,000 new jobs added in February after only 49,999 new jobs were added in January.

In February, the unemployment rate fell by 0.1 percentage point to 6.2%, and the number of unemployed persons decreased by 150,000 to 10.0 million. Although both measures are much lower than their April 2020 highs, they remain well above their pre-pandemic levels in February 2020 (3.5% and 5.7 million, respectively).

Among the unemployed, the number of persons on temporary layoff decreased in February by 517,000 to 2.2 million. This measure is down considerably from the recent high of 18.0 million in April but is 1.5 million higher than its February 2020 level. In February, the number of persons not in the labor force who currently want a job, at 6.9 million, was little changed over the month but is 1.9 million higher than in February 2020. The number of employed persons who teleworked in February because of the coronavirus pandemic edged down to 22.7%, 0.5 percentage point lower than January.

In February, 13.3 million persons reported that they had been unable to work because their employer closed or lost business due to the pandemic. This measure is 1.5 million lower than in January. February saw notable job growth in leisure and hospitality (355,000), although employment in that area is down by 3.5 million over the year. Job growth also occurred in food services and drinking places (286,000); trade, transportation; and utilities (49,000); health care and social assistance (45,600); and professional and business services (63,000). The labor force participation rate was unchanged at 61.4%, and the employment-population ratio inched up 0.1 percentage point to 57.6%. Average hourly earnings increased by $0.07 to $30.01 in February and are up 5.3% from a year ago. The average work week declined by 0.3 hour to 34.6 hours in February.

Claims for unemployment insurance continued to drop. According to the latest weekly totals, as of March 13, there were 3,870,000 workers receiving unemployment insurance benefits, down from

the February 20 total of 4,419,000. The insured unemployment rate fell 0.4 percentage point to 2.7%. During the week ended March 6, Extended Benefits were available in 16 states (18 states during the week of February 6); 51 states and territories reported 7,735,491 continued weekly claims for Pandemic Unemployment Assistance benefits (7,518,951 in February), and 51 states and territories reported 5,551,215 continued claims for Pandemic Emergency Unemployment Compensation benefits (5,065,890 in February).

FOMC/Interest Rates

The Federal Open Market Committee met in March. According to the Committee statement, employment has turned up recently and, despite investor concerns, inflation continues to run well below 2.0%. The Committee continues to hold interest rates at their current 0.00%-0.25% target range and expects no change through 2023.

GDP/Budget

The gross domestic product advanced at an annual rate of 4.3% in the fourth quarter of 2020.

The GDP increased 33.4% in the third quarter after contracting 31.4% in the second quarter.

Consumer spending, as measured by personal consumption expenditures, increased 2.2% in the fourth quarter after surging 41.0% in the third quarter. Nonresidential (business) fixed investment climbed 13.1% following a 22.9% increase in the third quarter; residential fixed investment continued to advance, increasing 36.6% in the fourth quarter after soaring 63.0% in the prior quarter. Exports advanced 22.3% in the fourth quarter (59.6% in the third quarter), and imports (which are a negative in the calculation of GDP) increased 29.8% in the fourth quarter (93.1% in the third quarter). Federal nondefense government expenditures decreased 8.9% in the fourth quarter following a third-quarter decline of 18.3% as federal stimulus payments and aid lessened. The GDP fell 3.5% in 2020 after increasing 2.2% in 2019. Personal consumption expenditures dropped 2.63%; nonresidential fixed investment declined 0.54%; residential fixed investment rose 0.23%; exports dropped 1.47%; imports rose 1.33%; and nondefense government spending advanced 0.15%.

The federal budget deficit was a larger-thanexpected $310.9 billion in February, following January’s $162.8 billion deficit. The deficit is 32.0% higher than the February 2020 deficit of $235.3 billion. The deficit for the first five months of fiscal year 2021, at $1.047 trillion, is 68% higher than the first five months of the previous fiscal year. Through February, government outlays, at $559.2 billion, were 32.0% above the February 2020 figure, while receipts, at $248.3 billion, also increased 32.0%. The increase in government expenditures can be traced to a 125.0% jump in outlays for income security, an 859.0% increase in commerce and housing credits, and a 26.0% rise in health outlays.

Inflation/Consumer Spending

Inflationary pressures eased in February.

According to the latest Personal Income and Outlays report, consumer prices edged up 0.2% in February after advancing 0.3% in January.

Prices have increased 1.6% from February 2020.

Excluding food and energy, consumer prices increased 1.4% over the last 12 months. Both figures are well below the Fed’s 2.0% target inflation rate. Personal income fell 7.1% in February after climbing 10.0% in January, and disposable personal income dropped 0.8% following January’s 11.4% jump. The decrease in personal income in February is more a reflection

of stimulus payments received in January, which accounted for that month’s soaring income estimates. Consumer spending declined 1.0% in February after advancing 3.4% (revised) in January. Over the last 12 months, personal consumption expenditures (consumer spending) dipped 2.7%.

The Consumer Price Index climbed 0.4% in February following a 0.3% rise in January. Over the 12 months ended in January, the CPI rose 1.7%. Gasoline prices continued to increase, rising 6.4% in February and accounting for over half of the CPI increase. Consumer prices less food and energy rose 0.1% in February. The CPI less food and energy prices is up 1.3% over the past 12 months. Food prices rose 0.2% in February after edging up just 0.1% in January.

In February, prices for apparel fell 0.7% after climbing 2.2% the prior month. Prices for new vehicles were unchanged in February, while prices for used cars and trucks dropped 0.9% for the second consecutive month.

Prices that producers receive for goods and services continued to climb in February, increasing 0.5% after advancing 1.3% in January.

Producer prices increased 2.8% for the 12 months ended in February, which is the largest yearly gain since climbing 3.1% for the 12

months ended in October 2020. Producer prices less foods, energy, and trade services rose for the tenth consecutive month after advancing 0.2% in February. Food prices increased 1.3% in February after increasing 0.2% in January, while energy prices followed a 5.1% January increase by jumping 6.0% in February.

Housing

The housing sector retreated in February, likely due to dwindling inventory. Nevertheless, sales of existing homes fell 6.6% in February after rising 0.6% in January. Over the past 12 months, existing home sales increased 9.1%. The median existing-home price was $313,000 in February ($309,900 in January), up 15.8% from February 2020. Unsold inventory of existing homes fell 29.5% from February 2020 and represents a 2.0-month supply at the current sales pace, slightly better than January’s 1.9-month supply.

Sales of existing single-family homes also dropped 6.6% in February after advancing 0.2% in January. Year over year, sales of existing single-family homes rose 18.6%. The median existing single-family home price was $317,100 in February, up from $308,300 in January.

New single-family home sales plunged in February. New home sales dropped 18.2% after climbing 4.3% in January. Sales of new single-family homes have increased 8.2% since February 2020. The median sales price of new single-family houses sold in February was $349,400 ($346,400 in January). The February average sales price was $416,000 ($408,800 in January). The inventory of new single-family homes for sale in February represents a supply of 4.8 months at the current sales pace, up from the January estimate of 4.2 months.

Manufacturing

The manufacturing sector took a step backward last February as industrial production decreased 2.2%, the first such decline since last October.

According to the Federal Reserve’s report, industrial production advanced 1.1% in January.

Manufacturing output fell 3.1% in February following January’s 1.0% increase. Mining production dropped 5.4% in February after

advancing 2.3% in January. February saw the output of utilities increase 7.4% after declining 1.2% the prior month. Total industrial production in February was 4.2% lower than its year-earlier level. According to the report, the severe winter weather in the south central region of the country in mid-February accounted for the bulk of the decline in output for the month.

For the first time in 10 months, new orders for durable goods decreased, falling 1.1% in February after climbing 3.5% in January.

Transportation, down following five consecutive monthly increases, led the decrease, sliding 1.6%. New orders for nondefense capital goods rose 5.6% in February after increasing 6.2% the previous month. A 103.3% increase in nondefense (commercial) aircraft and parts drove the jump in nondefense capital goods. Defense capital goods followed a 0.9% January decline by nosediving 10.6% in February.

Imports and Exports

Both import and export prices rose higher in February for the third consecutive month. Import prices climbed 1.3% in February following a 1.4% increase in January. Import prices rose 3.0% over the past year, the largest 12-month advance since increasing 3.4% from October 2017 to October 2018. Import fuel prices rose 11.1% in February following a 9.0% increase in January.

The February rise was the largest advance since import fuel prices increased 15.2% in July 2020.

Import fuel prices rose 6.5% over the past year, the first 12-month advance since a 13.2% increase in January 2020. Nonfuel import prices rose 0.4% in February following a 0.9% advance in January.

Export prices increased 1.6% in February after climbing 2.5% in January. For the year ended in February, the price index for exports rose 5.2%, the largest 12-month increase since the index advanced 5.3% in June 2018. Agricultural export prices increased 2.9% in February following a 6.0% jump in January. Nonagricultural exports rose 1.5% in February after increasing 2.2% in January.

In February, the international trade in goods deficit was $86.7 billion, up 2.5% over January’s

deficit. Exports fell 3.8% and imports declined 1.4%. Mark Martiak is a New York based Investment For the 12 months ended in February, exports have Adviser Representative and Accredited fallen 5.4%, while imports have jumped 10.1%.

Investment Fiduciary ® for AGP/Alliance Global Partners. Mark is a regular Contributor for The latest information on international trade in VEGAS LEGAL MAGAZINE who has appeared goods and services, out March 5, is for January on CNBC’s CLOSING BELL, YAHOO! FINANCE and shows that the goods and services trade deficit MIDDAY MARKET MOVERS, FOX BUSINESS was $68.2 billion, 1.9% over the December deficit. NETWORK and has been quoted in THE January exports were $191.9 billion, or 1.0%, WALL STREET JOURNAL. Broadridge Investor more than December exports. January imports Communications Solutions Inc and Alexa were $260.2 billion, or 1.2%, more than December Gounaris provided research assistance. imports. Year over year, the goods and services deficit increased $23.8 billion, or 53.7%, from Such forward-looking statements are subject to January 2020. Exports decreased $15.7 billion, or significant business, economic and competitive 7.6%. Imports increased $8.1 billion, or 3.2%. uncertainties and actual results could be materially different. There are no guarantees associated with any forecast and the opinions International Markets Inflationary pressures may be ramping up globally. stated here are subject to change at any time February saw consumer prices increase in several and are the opinion of the individual strategist. nations, including France, Germany, Italy, Canada, Data is taken from sources generally believed China, and Japan. In the markets, the EURO to be reliable, but no guarantee is given to its STOXX Europe 600 Index gained about 4.1% in accuracy. Indexes are unmanaged, and investors March; the United Kingdom’s FTSE inched up 1.1%; are not able to invest directly into any index. Past Japan’s Nikkei 225 fell 1.3%; and China’s Shanghai performance is no guarantee of future results.

Composite Index plunged nearly 4.0%.

Data sources: Economic: Based on data from U.S. Bureau of Labor Statistics (unemployment, Consumer Confidence The Conference Board Consumer Confidence inflation); U.S. Department of Commerce (GDP, Index® surged in March to its highest reading in corporate profits, retail sales, housing); S&P/ a year. The index stands at 109.7, up from 90.4 in Case-Shiller 20-City Composite Index (home February. The Present Situation Index, based on prices); Institute for Supply Management consumers’ assessment of current business and (manufacturing/services). Performance: Based labor market conditions, increased from February’s on data reported in WSJ Market Data Center 89.6 to 110.0 in March. The Expectations Index, (indexes); U.S. Treasury (Treasury yields); U.S. based on consumers’ short-term outlook for Energy Information Administration/Bloomberg. income, business, and labor market conditions, fell com Market Data (oil spot price, WTI Cushing, OK); www.goldprice.org (spot gold/silver); from 90.9 in February to 109.6 in March.

Oanda/FX Street (currency exchange rates).

News items are based on reports from multiple Eye on the Month Ahead commonly available international news sources (i.e. wire services) and are independently verified The economy in general, and the stock market in when necessary with secondary sources such as particular, should continue to progress as more government agencies, corporate press releases, vaccines are rolled out and more jobs are made or trade organizations. All information is based available. Investors will continue to watch for signs on sources deemed reliable, but no warranty of escalating inflation, despite the Federal Reserve’s or guarantee is made as to its accuracy or forecasts to maintain interest rates at their present completeness. Neither the information nor any levels through 2023. opinion.

VEGASLEGALMAGAZINE.COM | 49

LAS VEGAS REAL ESTATE MARKET IS IT THE RIGHT TIME TO BUY OR SELL?

Written By Tyler Brady

F

our homes over one million dollars sell every day in the Las Vegas Valley. What does this mean for you as a luxury homeowner? When conversing with homeowners, we often find them asking the same questions: Is it the right time to buy or sell? Why are homes selling so fast? What does this mean for home pricing? Let us talk about it!

Is it the right time to buy or sell?

Out of State Buyers

With over 90 percent of our buyers relocating from California, we are seeing a new influx of money coming to Las Vegas. Many of these home buyers have determined that Las Vegas homes are a bargain versus where they currently live. The time to sell your luxury home has never been better. One question you must ask yourself is where are you going to go? Moving to a new

city can bring on a sense of stress and worry. A few factors to consider are where your kids will be going to school, finding the most desirable area for your wants and needs, and determining if moving to a desert climate is right for you. The majority of buyers flocking to Las Vegas are restarting their lives and are willing to pay a premium for turn-key homes. Moving somewhere new means meeting new people. Oftentimes buyers find themselves searching for local contractors and having no idea where to start. Couple that with the stresses of moving and a remodel seems to be out of the question almost entirely. If out of state buyers align themselves with a true home professional, the worries of finding new contacts vanish. A true home professional will have a list of contractors and other local contacts waiting for you. If you are not afraid of a little remodeling, sell your turn-key home for a premium dollar and let us get started!

Local Buyers

Luxury real estate trends of 2018 and 2019 consisted of homeowners downsizing while many of the luxury market became empty nesters who wanted less space to worry about. Following the trends of 2020, companies were forced to shut their doors, leading to an influx of people working from home. Homeowners are now wanting extra space for family, home school, and home office. If you are looking to downsize, now might be a great time to sell and get top dollar for your home while these trends last. With life starting to normalize and business beginning to reopen, will these trends remain the same? Will families continue to gather, will people go back to work in the office, will our children go back to school? These are all valuable questions to ask yourself while considering the size of your next home. It is better to get in front of the trends, rather than being one step behind.

Through the midst of it all, whether you are looking to buy or sell your home in Las Vegas or out of state, Luxury Homes of Las Vegas has brokers, agents, contractors, and an extensive contact list at your disposal. Let us lead you through this journey of luxury.

Tyler Brady, Realtor, Luxury Homes of Las Vegas, Tel: 702-888-2352

PPP and PPP2 Consolidated Appropriations Act of 2021: COVID-19 stimulus review

Written By Donovan Thiessen

I

n response to the COVID-19 related quarantines and subsequent economic disaster, Congress approved the Payment Protection Program (PPP) in March 2020. Designed to cover small businesses’ payroll, rent and other costs, the program’s initial funding of $349 billion was distributed within the first two weeks of the program. Another $310 billion was approved by Congress in April 2020 and funding continued until August of 2020.

Generally, if you receive(d) and used the funds for the designated expense types, you could apply for loan forgiveness and the loan would be treated as a grant; the loan would not have to be repaid.

Now 9 months into this program, many people have been anxiously waiting to apply for loan forgiveness, hoping that Congress might make rumored changes to the forgiveness rules. At last, the Consolidated Appropriations Act of 2021 was signed into law on December 27, 2020 and provides crucial changes to the forgiveness rules, and a new round of PPP funding to businesses.

This article will discuss important aspects of the PPP loans, including forgiveness and deductibility of the expenses.

The Consolidated Appropriations Act (CAA) provides $284 billion for first and second time PPP borrowers. In order the qualify for PPP2, the business must have 300 or fewer employees, have used or will use the full amount of the initial PPP loan and most important, must show a 25% gross revenue reduction in any single quarter during 2020, compared to the same quarter in 2019. PPP2 applications are expected to launch on January 15, 2021.

Businesses can apply for the PPP2 even if they did not apply for the initial PPP. Considered first-time borrowers, the program will allow for businesses with 500 or fewer employees that are eligible for other SBA 7(a) loans, independent contractors, sole proprietors, nonprofits, and churches. Food service businesses with less than 300 employees per physical location can also apply.

There are restrictions on how you can use these funds. In the first round, the funds must have been used at least 60% towards payroll, and the rest could be used towards rent, mortgage interest

and utilities. For PPP2, they are again allowing those rules but have expanded the categories to include: • Covered operating costs such as software and cloud computing services and accounting needs.

• Expenditures to suppliers that are essential at the time of purchase to the borrower’s operations.

• Personal protective equipment, facility modifications and covered worker protection to comply with federal health and safety protocols.

The loan amount is derived by calculating the average monthly payroll costs in the year prior to the loan or the calendar year and then multiplying that by 2.5. For this calculation, the annual wage limitation is $100,000 for any single employee, and borrowers can also choose between 2019 or 2020 wages for this purpose. The most straight forward way to calculate this is to look at your IRS Form 940 (typically filed by January 31 every year, the 2020 form should be available to you now if you use a payroll service company) and

divide the gross wages by 12, then multiply by 2.5.

For employees with wages beyond $100,000, you need to cap their wage inclusion to 8,333 for the monthly average payroll figure, before you multiply by 2.5. For self employed individuals, it is basically the annual net income for the company divided by 12, instead of using gross wages for the monthly average payroll figure.

Borrowers must use the funds within a covered period of your choice. You will choose between an 8 or 24 week covered period. You can also choose when the covered period starts, either when you receive the funds or when the next earnings period begins for your payroll, immediately following the receipt of funds. Keeping track of your covered period is crucial, as you must use the funds within this time for the expenses to be considered for forgiveness.

You will need to prove the allowed funds were used within this covered period, with payroll reports, cancelled checks and similar documents.

The forgiveness process is achieved by using SBA Form 3508 (there are multiple versions to use depending on your loan amount and other attributes). You have 10 months from the end of your

VEGASLEGALMAGAZINE.COM | 55

covered period before the first loan payment is required to be paid. Although you can still apply for forgiveness after that point, I recommend that you apply as soon as possible. Fortunately, the CAA created a more simplified forgiveness application for loan amounts under $150,000. It is a single page form that requires a borrower’s signature and certification that includes: •A description of the number of employees the borrower was able to retain because of the loan, •The estimated total amount of the loan spent on payroll costs and •The total loan amount.

Borrowers are required to retain relevant records related to employment for four years and other records for three years. The SBA is understandably concerned about fraud and has the authority to audit your records. For borrowers with loan amounts more than $150,000, I strongly encourage you to get professional assistance with the completion of the forgiveness application.

Businesses that applied for an Economic Injury Disaster Loan in 2020 and received an advance payment of 1,000 per employee (limited to 10,000) were previously required to reduce the PPP loan forgiveness request by this amount.

The CAA updated this provision and is no longer

requiring the PPP loan forgiveness request to exclude this amount. For borrowers that have already received PPP forgiveness and must pay this grant back to the bank, it is expected that this loan will also be forgiven. Be patient if you are in this latter group.

The CAA also provided a critical clarification on the deductibility of the forgiven PPP expenses.

It was the initial intention of Congress that these expenses would be deductible, but the IRS said otherwise. This debate went on for several months in 2020 and the CAA specifically states that “no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided.” This applies to both the PPP and PPP2 loans. This was a critical part of the CAA bill, as a $150,000 loan used to pay payroll and rent would equate to approximately $48,000 in income taxes if the taxpayer were at the 32% marginal tax bracket, and those expenses were not able to be deducted by the business. The scenario would have been unimaginable had they not corrected it accordingly.

This article is a high-level review of the status of this stimulus program; there are many additional rules to know if you have one of these loans or if you are seeking to apply. Consult your tax, banking and possibly your legal advisors for additional compliance details as they relate to your business and situation.

Donovan Thiessen, CPA is the founder of The Accountant, LLC, a CPA firm based in Las Vegas. The company provides accounting, tax preparation and planning services to business owners and individuals.

Visit www.theaccountant.cpa for more information.

REMEMBERING TONY HSIEH A Luminary’s Lasting Imprint on Las Vegas

s Las Vegas awakens to another bright spring in 2021, the iconic shimmer of its skyline is now coupled with a poignant reflection. The city, famous for its bold gambles, witnessed one of its most daring visionaries, Tony Hsieh, take his final bow last year. While the streets buzz with activity, a closer look reveals that Hsieh’s spirit and legacy is deeply embedded in the very fabric of modern-day Las Vegas.

A

was just the beginning.

Zappos: A Paradigm Shift in E-Commerce and Corporate Culture Tony Hsieh was not just a business leader; he was a catalyst for change. Under his guidance, Zappos went beyond the conventional e-commerce model.

It became synonymous with exceptional customer service and a revolutionary workplace ethos. Hsieh believed that happy employees translated to satisfied customers. This ideology transformed Zappos into a billion-dollar behemoth, subsequently leading to its acquisition by Amazon in 2009. Yet, for Hsieh, this

The Downtown Project was not just about brick and mortar; it was about heart and soul. Hsieh dreamt of a city where physical spaces promoted human connection and creativity. His $350 million initiative aimed to foster a neighborhood that could inspire entrepreneurs, artists, and thinkers alike.

Dreaming of a New Downtown Hsieh’s eyes were set on a grander vision: the metamorphosis of Downtown Las Vegas. Armed with his profits from Zappos and a dream, he launched the Downtown Project. What many saw as a decaying part of the city, Hsieh envisioned as a thriving, collaborative, and cohesive urban center.

Innovation Hubs and Nurturing Talent Hsieh’s commitment to innovation is evident in the numerous co-working spaces that sprouted in Downtown. Places like Work In Progress became

more than just offices—they transformed into vibrant ecosystems where startups could germinate, grow, and thrive. Mentorship programs, networking events, and collaborative platforms became the order of the day.

But it wasn’t all business. Hsieh believed in the holistic nurturing of talent. Artistic spaces, music festivals, and cultural events made Downtown Las Vegas a sanctuary for artists and creatives. The once-muted streets now echo with melodies, laughter, and the vibrant hum of community gatherings.

A Living Community: From Housing to Holistic Living Downtown’s transformation also witnessed the rise of unique residential concepts. Hsieh himself lived in a modern trailer park known as “Llamapolis” – a testament to his belief in minimalistic yet connected living. This space, comprising airstream trailers and tiny homes, became an embodiment of community living, with shared spaces that encouraged interactions amongst residents.

Adjacent to this, the creation of parks, recreational areas, and green spaces provided residents and visitors a chance to relax, rejuvenate, and reconnect with nature amidst the urban landscape.

Challenges, Criticisms, and Triumphs No vision this grand comes without its share of challenges. Critics were skeptical about the feasibility of such an ambitious endeavor. Concerns about gentrification and the displacement of longtime residents arose. Hsieh, however, approached these challenges with his characteristic optimism, continually iterating and refining his vision based on feedback and evolving needs.

Eternal Echoes Tony Hsieh’s untimely departure in November 2020 left many in shock. Yet, as the adage goes, legends never truly die. They live on through their deeds, their visions, and the lives they touch. Hsieh’s impact on Las Vegas is a living testimony to this.

Today, Downtown Las Vegas stands not just as an entertainment hub but as a beacon of communitydriven innovation. It’s a testament to a man whose dreams were as vast as the desert skyline.

As we reflect on Hsieh’s legacy, it’s evident that his spirit will forever be intertwined with the streets, buildings, and people of Las Vegas. In every entrepreneur’s determined stride, every artist’s passionate performance, and every resident’s contented smile, Hsieh’s dream lives on—a dream of a city reborn, rejuvenated, and forever radiant.

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INFLUENCER MARKETING The Business of Influencing

Written By Brandon Pierce & Shayla Spradley

B

y now, you have all probably heard the term “influencer”. If you are on any social media platform, you have certainly come across a sponsored post, which means you have experienced an influencer marketing campaign.

But what exactly is an influencer and more importantly, what is influencer marketing and how can you use it to grow your business?

An influencer is someone who has a dedicated social following within a specific niche and has the power to affect the purchasing decisions of their social audience. Whether you realize it or not, you have probably been influenced to buy a

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product online or at least click-through to learn more about a new product or service. This act of using an individual’s social following to market a product or service, is known as influencer marketing.

Influencer Marketing By The Numbers On average, businesses are making $5.20 for every $1 spent on influencer marketing and the top 13% of businesses are making $20 or more for every $1. Influencer marketing is on track to become a $15B industry by 2022, with 63% of marketers intending to increase their influencer marketing budget this year according

to Influencer Marketing Hub’s The State of Influencer Marketing 2020: Benchmark Report.

Finding Success With Influencer Marketing The key to your influencer marketing success is selecting the right influencers for your brand and creating an effective campaign that results in a low cost per engagement, and higher return on your investment.

An experienced agency, such as Purdue Marion and Associates will conduct strategic influencer research to find authentic influencers, with a niche that fits your brand. We know how to communicate with influencers and speak the social media language, so you don’t have to.

Beyond influencer research, a thorough influencer marketing program will include influencer evaluation, outreach, management and a content strategy to implement alongside the influencers within your program. You want

to make sure your brand is well-represented, with creative and copy that also feel authentic to the influencer’s feed and audience, which will provide a higher engagement.

Why Influencer Marketing Influencer marketing allows you to directly target your customer base. It largely takes the guesswork out of traditional forms of marketing, and when done well, can provide a great return.

It’s not a matter of if your business should be taking advantage of influencer marketing, it’s how you should do it, and what social media platforms and influencers will best serve your growth.

Schedule a consultation with the digital team at Purdue Marion & Associates by calling 310-4054993 or email brandon@purduemarion.com to learn more.

VEGASLEGALMAGAZINE.COM | 63

Proprietor’s Reserve Written By Cassie Howatt

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ounded over 15 years ago, Divine Events has established a standard of excellence in Las Vegas that extends to everything the company does, from catering and restaurant management to boutique event space. One example of that higher standard is Divine Event’s luxury event space, Proprietor’s Reserve. The one-of-a-kind meeting and events venue offers a full-service experience with no outside distractions.

Hospitality is key for Divine Events, and Proprietor’s Reserve exemplifies hospitality in action. From the moment guests walk into the venue, they are transported to a place that elevates the standard meeting. Private and focused on executive events, the venue has the complete resources of Divine Events, simplifying meeting planning and putting everything necessary for jaw-dropping events in one place.

When a client chooses Proprietor’s Reserve for their meeting or event, they get to work with the experts at Divine to craft an experience that delights their guests. The space offers 4,000 square feet of private space, exclusive catering services, craft bar service, a dedicated on-site team, and built-in presentation technology.

The venue is large enough to make distancing easy while the décor remains warm and inviting, allowing guests to relax and connect safely. And, because the space is fully turn-key, clients can focus on delivering their message and building relationships.

Whether planning for corporate meetings, collaborative work sessions, product launches, cocktail receptions, or retreats, the space at Proprietor’s Reserve, backed by the Divine Events team, will fill the need. Divine Events has recently focused on rolling out newly created menus with innovative, delicious cuisine that ensures safety without sacrificing taste or experience. Proprietor’s Reserve is also offering micro event packages to cater to smaller groups.

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For groups conducting business, ease of access and location is always vital, and Proprietor’s

Reserve delivers on that front as well. It is conveniently located within 12 minutes of McCarran, 14 minutes from the South Strip, and 20 minutes from the Las Vegas Convention Center. A hidden gem within a private commercial complex, there is ample parking and direct ground-level access for group transportation.

To learn more about how Divine Events and Proprietor’s Reserve can cater to your unique event needs, contact us. We can tailor a package that meets the needs of your event, keeps your guests safe and productive, and elevates your meetings and events.

For sales inquiries, please contact reserve@pr.vegas or call 702.893.6444. For press or media inquiries, please contact cassie@divineeventslv.com. Proprietor’s Reserve is located at 6635 West Badura Ave., Suite 180, Las Vegas, NV 89118.

VEGASLEGALMAGAZINE.COM | 65

LIFESTYLE

“I’m a man of simple tastes.

I’m always satisfied with the best.”

– Oscar Wilde

WOMEN AND

FIREARMS Skyrocketing Sales, Surprising Trends and Changing Demographics

Written by Don Logay

M

ention guns and you’ll get one of three reactions: (1) I hate guns, (2) I love guns or (3) today’s most interesting and fascinating response, that ranges from interest in owning a gun, planning to buy a gun or actually making a purchase to then getting instruction, spending time on the range and even obtaining a CCW permit to carry a concealed weapon.

This third fast-growing category is the driving force behind today’s gun industry jaw-dropping sales and it is dramatically reshaping gun ownership perceptions and time-honored demographics.

One look at current gun sales clearly indicates that Main Street America has shifted its thinking – from a once-mild interest to now taking action and newfound gun ownership – and the transition is both undeniable and profound.

Firearms by the Numbers

A report by the Small Arms & Analytics Forecasting (SAAF) research organization reports that 23 million U.S. civilian firearms were sold in 2020.

All gun sales – by gun shops, pawn shops and gun retailers – require a background check. The National Instant Criminal Background Check System (NCIS) operated by the FBI, was developed in 1998 along with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and various state and local law enforcement agencies to quickly and effectively determine if a person could legally buy or own a firearm.

In 2020, a reported 21 million new background checks were also conducted for the sale of a firearm, breaking all previous records. Gun dealers were swamped and reported that 40 to 50% of their sales were to first time buyers. Industry estimates put that number at about 8.4 million new U.S. gun owners.

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It is also worth noting, that growing concerns throughout the year – ranging from civil unrest and defunding police to a contentious Presidential election, fears of gun control and a raging worldwide pandemic – saw sales in the month of August 2020 alone exceed total gun sales for all of 2019.

While this number, in and of itself is telling, such figures collectively only represent the proverbial tip of the iceberg... as the “who and why” is even more intriguing and warrants even closer inspection.

Today’s Newest Gun Owners

To better understand what is shaping today’s universe of firearms, we should perhaps start by taking a closer look at home.

Today, Nevada is the 8th most heavily armed state in the nation. We have a reported 20 registered guns per 1,000 residents and 47.3% say they have a gun in their home.

Nevada’s gun sales generally parallel those reported nationally – and the state’s Department of Public Safety records indicate that our “Point of Contact Firearms Program” conducted over 200,000 background checks for gun purchases in 2020.

An initial spike in sales occurred last March, due to alarming national news and the stunning closure of Las Vegas, followed by even greater 20,000-plus surges in the months of June, August and November – that had gun shop phones ringing off the hook and out-the-door lines clearing shelves of both firearms and ammunition.

Serious women, asking serious questions and buying serious firearms.

Amidst this flurry of frantic sales activity was another emerging phenomenon of sorts, overwhelmed gun retailers noted that 40 to 50% of their customers now were first-time buyers and (surprisingly) nearly half of these purchasers were women. Serious women, asking serious questions and buying serious firearms.

While gun ownership has always been pretty-much a male-dominated domain, it is apparent this too is rapidly changing. In 2020, record numbers of women – of all ages and backgrounds – thought about, inquired about and ultimately became registered gun owners. Record numbers of couples also heard their significant other say “Honey, it’s time.”

Changing Demographics

A small sampling of Las Vegas residents mirror what is now an everyday, everywhere occurrence, all across America... from border-to-border and coastto-coast.

Consider Las Vegas resident Tyra Bell-Holland. As President and Founder of Ava Rose PR Agency, she is both a busy executive and a married mother of three. Recently, one of Tyra’s friends and associates – Melissa Mirich – had purchased a Glock 43x 9mm handgun, gone for professional training and midyear 2020 obtained her CCW permit to carry a concealed weapon.

“With the election fast approaching... and having heard that it may become more difficult to purchase a gun in the future,“ notes Tyra, “I decided it was time and asked Melissa to walk me through the process.”

Originally from Austin, Texas, she had grown up surrounded by gun culture... but had never owned one herself. After discussing it with her husband, they decided to ask questions and make a dual purchase that would suit them both.

Training in firearms, self-defense and situational awareness are increasingly important.

In short order, they went to a local gun shop in Las Vegas, where Tyra settled on a sub-compact Glock 43X 9mm and Rob chose a beefier Sig Sauer P320-M18 which is the current handgun of choice for the United States Armed Forces. They then took a “Firearms Training for the Modern Executive” course together, with instructor Chris Barden at Precision Armory, obtained their certifications to apply for CCW permits and received their LVMPD concealed carry cards four months later in mid-December.

“In this day and age, it seems you are your own first responder, “states instructor Chris Barden, “and skilled training in firearms, self-defense and situational awareness are becoming increasingly important.”

Tyra is also social media savvy, and as such, commands a sizeable following of friends, family and associates.

Once she posted her experience online, it lead to many other women following her process step-bystep... including close friend and fellow executive, Peggy Pruchnicki – Advanced Nurse Practitioner and Owner of Simply Radiant Med Spa in Las Vegas – who purchased a Smith & Wesson 38 revolver and

took the same training course (along with Sr. Account Executive Nick Vardakis) resulting in both obtaining their CCW’s.

Home on the Range

Tyra’s story is not unique and today, firearms are a more common togetherness item than one might think.

Consider Mary Baker, a busy Branch Manager for a national Mortgage Company, who recently purchased a gun for home defense. Engaged to a retired Lieutenant of the Los Angeles Sheriff’s Department, her fiance’ offered advice., “I didn’t want her to buy a small gun that is a common choice for females,” states John Baylis. “She instead tried a number of larger models for a comfortable fit and feel... and decided on a Springfield XD Elite 9mm.

An excellent choice for home defense.”

Mary is a Marine Corp Veteran and is comfortable with guns. She took a training class with Mac McAllister, owner of Blue & Gold Firearms Training, and obtained certification for her CCW. She is also in the process of researching and buying a small subcompact handgun for concealed carry.

Today, Mary and John are one of many couples who regularly go to the range together for a day of shooting. Another Las Vegas couple, Gene and Stephanie Raper, are perfect examples of twosomes

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that carry. Seven years ago, they bought matching Sig Sauer P938 9mm handguns and recently replaced them with the newly introduced Glock 43X 9mm that is rapidly gaining in popularity.

Gene and Stephanie live in the upscale MacDonald Highlands Community on the East side of Las Vegas.

“It is interesting to see how many of our friends are doing the exact same thing,” notes Gene. “They both have guns and CCW’s and... like Steph and I... along with golf, horse riding and fine dining... they’ve added a day on the range together to their list of favorite activities.”

Gene also noted their community’s posh Dragon Ridge Country Club just announced it will be offering a course for members on training and certification to obtain a CCW put on by a local gun shop.

Practice, Practice, Practice

There’s an old saying that when someone asks “How do I get to Carnegie Hall?” the correct answer is... yep, see above.

Same goes for firearms. “In my many years as a state-certified instructor after teaching officers in the US Navy,” observes trainer Mac McAllister, “I’ve seen a constant growth in the percentage of women wanting to learn about owning guns and using them for self-defense.”

“This is also the case with a high percentage of men, as many have little or no accurate knowledge of firearms while growing up,” he continues, “owing to a complete lack of any real exposure to firearms and

their safety issues along the way. So as adults, many have preconceived bad habits learned from toys and the way guns are used in films and video games.”

Mac’s advice... train with a pro and then spend time on the range.

Maggie Mordaunt is another seasoned pro trainer.

Headquartered in Las Vegas, she is Founder, Owner and Lead Instructor for Homeland Personal Protection Firearms Training. Her company is geared toward defensive shooting to counter any and all potential lethal threats. As a firearms instructor teaching the Certification Course for Multi-State Concealed Cary Weapon Permits, she is known throughout the industry simply as “CCW Maggie.” Also the mother of two, she notes “I am a woman who understands the importance of self-defense as a fundamental right.”

Concealed Carry for Women

Maggie is known as one of the top defense instructors in Las Vegas and often trains trainers wanting to develop their own personal protection courses. She notes that “old school” one-size-fits-all instruction just isn’t good enough today, especially for women.

“We start by asking questions,” she states, “especially for those wanting to learn how to shoot the new gun that they just bought... or wanting to obtain a CCW permit.” Questions like “Why did you buy the gun... and what are you going to use it for?” are key starting points that help properly tailor instruction and training to meet one’s need.

The size and type of gun is another important issue for women. “In some cases, we find they may have

purchased a small compact ‘pocket pistol’... like a Smith & Wesson Bodyguard 380... but its small size doesn’t allow enough surface contact with the hand to allow properly managing the recoil,” she observes, “making it harder to remain on target... and as a result, a brand new shooter will not be off to a good start.”

“What we are seeing today, based on the numbers of women we’ve actually trained, is more of a subcompact... like some of the newer guns with a longer grip and more magazine capacity... are a better choice,” she advises. Guns like a Springfield Armory Hellcat, Smith & Wesson M&P Shield, Sig Sauer P365 and the Glock 43X are all great guns and warrant consideration.

“We have an ‘Introduction to Defensive Handguns’ class that allows women to shoot a variety of firearms to determine which is most efficient for its intended use,” she says. Top trainers, like Mac McAllister, fully agree. “Every woman getting into firearms should spend significant time actually handling... and preferably shooting... many types of guns, and not limit themselves to just what might be readily available from friends, family or a sales person,” he notes, “and as such, we too maintain a large inventory that students are able to test.”

Well Dressed and Well Accessed

Pro trainers also note it is important for women to have specialized clothing that is easily accessible while keeping a firearm secured. “One of the big concerns is how do I carry a gun when I’m wearing a cocktail dress...or leggings,” Maggie observes. “A lot of companies make products specifically geared for women... but unfortunately, not every one gets it right.”

A concealed carry garment could actually put a woman at risk if it is not an efficient way to access a firearm. Maggie points to one company she likes that does get it right...

Dene Adams... with products like a well-designed tank-top garment that sits just above the waist at the 2:30 position as being one garment worth considering.

The Times They Are A-Changing

Today, there are many gender-specific considerations for women... in between the “Right to Bear Arms” and “Where to Wear Arms.”

There are also many tremendous organizations and support services that extend far beyond one’s due diligence, training and obtaining a CCW permit. The nationwide “A Girl & A Gun” Women’s Shooting League and “CCW Safe” for Legal Defense are just a few worth checking out.

We trust the observations, tips and resources noted herein will serve to better reassure and/or enable any woman questioning “Is it the right time for me to purchase a firearm, to learn safety and get instruction and/or to train for a CCW permit?” It just may be.

To paraphrase a popular quote, “Today... the only thing that stops a bad guy with a gun... just may be a woman with a gun.” ______________________________________________ Don Logay is an award-winning journalist and former Editor-in-Chief of three national magazines. He writes luxury lifestyle articles for numerous publications.

Contact press@donlogay.com.

Resources for Women and Firearms Maggie Mordaunt, Instructor Homeland Personal Protection Firearms Training www.CCWMaggie.com (702) 375-5900 Chris Barden, Instructor Armed Executive www.armedexecutive.com (702) 518-4480 Mac McAllister, Instructor Blue & Gold Firearms Training mac.firearms@gmail.com Concealed Carry Wear Dene Adams LLC www.deneadams.com Women’s Shooting League A Girl & A Gun www.agirlandagun.org Legal Service Membership CCW Safe www.ccwsafe.com/ccwmaggie Self-Defense Insurance/Education U.S. Concealed Carry Association www.uscca.com

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SMITH CENTER Vegas is Ready to Say Goodbye to the Pandemic and Hello to Live Performances

Written by Myron Martin

It

has been a year since The Smith Center was forced to close our doors due to the pandemic. Little did we know back then that the road to reopening would be so long and that its path would wind so fiercely. As the timeline was extended, our furloughs turned to layoffs and our hopes of reopening moved farther and farther out. I will never forget being greeted at the stage door by the company manager from the Broadway show Once On This Island late in the performance week asking that we cancel the balance of the performances for the week. With little notice we had to notify ticket holders that the performances for the rest of the weekend were cancelled. No one from the company had Covid19, but the performers, like our audiences, were becoming more and more concerned based on what we were hearing in the news. The Smith Center closed that day – ahead of most of our peers in Las Vegas- and when we closed, we knew that we would be among the last to reopen. Unlike strip venues who primarily served 74 | VEGASLEGALMAGAZINE.COM

visitors, we focused on our friends and neighbors who live here in Las Vegas and we took great strides to keep our staff and our neighbors safe.

We also knew that the magic of live theater was enhanced by the shared experience of a theater full of people laughing and crying together. So, we vowed to wait until we could once again give our audiences a complete and fulfilling experience.

Cancelling shows was tough in the beginning.

Lawyers representing performing artists and tours tried to say that we had no case for force majeure and therefore should be liable for cancellation fees - even though their clients were actually looking for ways to get off of the road and even though venues were shutting down from coast to coast. It is hard to book and contract 400 performances and events per year, but it was nearly impossible to cancel that many dates.

However, once the national dialogue turned to social distancing, masking and staying away from

group convenings – and once Governor Sisolak issued rules meant to protect the community from super spreader events, which included a ban on large live performance and sporting gatherings, there was agreement that contracts needed to be cancelled. Before long, attitudes changed and artist representatives, agents and managers were calling us asking to postpone or cancel their previously contracted dates.

We will reopen, that is for sure. The question is when. Our internal calendar is completely full for this fall, and I believe that given the progress with vaccines and therapies we are on track for a Fall opening. However, we don’t know exactly when. Shows that are booked for September may play as planned or may get pushed back again to a later date. While Dr. Fauci suggests that if we get people vaccinated as planned, that we

should be able to enjoy concerts and sporting events in the Fall, we know that it is too early to set a specific date. We will continue to watch the science and follow the recommendations of experts.

For those of you who send us notes saying how much you miss The Smith Center, thank you. We look forward to welcoming you back to the living room for Las Vegas. In the meantime, please know that we are working hard to upgrade our facilities to include UV sanitizing in the HVAC system, touchless payment systems, paperless tickets, and other upgrades. Our team has published a 52-page guide to reopening, and we will be ready for you once it is safe. I can’t wait to open our doors again, and I can’t wait to see Las Vegas return as the Entertainment Capitol of the World.

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LUXURY SPIRITS

Quality and Status – What’s Hot, What’s Not

Written by Don Logay – What’s New Guru

A

striking couple walks from the casino into an upscale restaurant and bar on the famed Las Vegas Strip. He, in a $2,000 hand-tailored suit and she, draped in an up-to-the-minute dazzling designer dress from Paris. The kind of couple everyone turns and notices. At the bar, he orders a double Macallan 25 Years Old Scotch over one ice cube... and she, a Vesper Martini. The bartender’s eyes narrow, with a slight grin he nods his head.

Fourteen miles away, at a well-stocked retail liquor store in suburban Summerlin, a young professional puts two unlikely choices into their shopping cart... one, a bottle of Ilegal Reposado Mezcal and the other, Yamazaki Distiller’s Reserve 76 | VEGASLEGALMAGAZINE.COM

Japanese Whisky... at $60 and $75 respectively.

On the other side of Las Vegas, at a cocktail party in the ultra-posh community of MacDonald Highlands, the host uncorks a $200 bottle of Krug Grande Cuvee Brut Champagne and tells his guests, “On every bottle of Champagne... regardless of price... it takes precisely six onehalf counterclockwise turns to remove the wire cage on the cork.” Intrigued with his knowledge of Champagne trivia, guests watch as he does so – releasing the cork with a gentle pop.

And 5,200 miles away, at a prestigious Sotheby’s Wine and Spirits Auction – on New Bond Street, London, England – a gentleman quietly waves

bid paddle number 177 and the tuxedoed auctioneer raises his gavel and says, “Going once... Going twice... Sold... for £84,700 ($103,232 US)... one rare 1928 Macallan 50 Years Old Anniversary Malt Scotch Whisky.”

So, what is going on here?

Luxury Spirits Vogue Each of these individuals are participants in a global phenomenon of sorts, whereby people today have a growing fascination with the luxury and lore of a wide spectrum of exotic spirits that, in turn, immensely enhances one’s enjoyment.

Knowledge, investigation and experimentation are the order of the day.

Okay, yes... they are luxury spirits “snobs.”

But in short... knowledge, investigation and experimentation are also the order of the day.

With that in mind, let’s take a closer look at these modern luxury spirits connoisseurs and aficionados: The man treating himself to a double pour from a bottle of $2,000 Macallan Scotch Whisky learned that a small amount of water from a single ice cube helps release all the wonderful aromas and flavors created by this master distiller. Very cool to know.

His fashionable female partner orders a trendy “Vesper Martini,” an ultra-chic cocktail created by 007 James Bond in “Casino Royale.” Bond instructs the bartender to mix three measures of Gordon’s Gin, one of Vodka (not specified), a half-measure of Kina Lillet... over ice, shaken not stirred... with a twist of lemon peel. “I call it the Vesper,” says Bond (naming it after a female liaison officer in the story), “because, once you taste it... you won’t want anything else.” Un martini extraordinaire... and a popular insider drink among those “in the know.”

The Young Professional Originally a fan of premium Tequilas, this millennial recently learned Tequila is only one of 50 different types of Mezcal – Mexico’s

most traditional agave spirit. Collectively, Mezcal is a fascinating tour of different agave spirits with intriguing tastes and surprises at every turn. Curious, our young professional investigated, found and purchased a bottle of “Ilegal Reposado Mezcal,” a rich 100% agave small batch hand-crafted artisanal product from Tlacolula, Oaxaca, Mexico... with an intriguing back-story of how it was originally smuggled out of Mexico to a small illegal bar (called Café No Sé) in Antigua, Guatemala... and thus, is so named.

Popular “Ilegal” Mezcal is 100% Agave roasted/ baked using mesquite and eucalyptus wood – and the tale of its smuggling origin both enhanced their enjoyment of this new find and even sparked interest to maybe one day seek out this famous little bar in Antigua, Guatemala (http://www.cafenose.com). Road trip!

Equally so, Yamazaki Single Malt Whisky by Suntory was a similar unique discovery that launched a quest to experience the brand’s signature multi-layered taste that pioneered Japanese whisky and today, is Japan’s number one seller and a luxury spirit sensation in 35 countries worldwide.

In the end, and as a result, so much for everyday old whisky and hum-drum Tequila without edgy street cred.

Cocktail Party Trivia The host’s intriguing comment, that ”It takes just six counterclockwise one-half turns to remove the wire cage on every bottle of Champagne in the world,” is true. In fact, same for every type of sparkling wine as well. The wire cage, called a “Muselet” (pronounced myz-le’) is a French word meaning “to muzzle.” While invented in 1844, still to this day, there are only two companies that manufacture and install these unique wire cages for vintners. One is in Italy and the other on the outskirts of the Champagne wine region in France.

Today’s modern machines install over 100 wire cages per minute with millions produced every year... and as such, providers note there is no need to individually customize cages for different brands. Too costly, not necessary and... hey, why ruin a great story?

Another reason for being a knowledgeable luxury spirits snob? Just a few nights ago, on TV’s “The Chase” game show, the $125,000

question was (you guessed it), ”What do you call the wire cage on a bottle of Champagne?” The contestants didn’t know it was “Muselet” – and now you do. File it under “ka-ching.”

Going, Going, Gone And finally, the gentleman at Sotheby’s in London is among those wine and spirits connoisseurs worldwide that pay dearly to add famed luxury spirits to their personal collections.

In this instance, just last year, said connoisseur scored a bottle of prized Macallan 50 Years Old Anniversary Scotch Whisky.

So, what’s the big deal? Records state It was distilled in 1928 and bottled in 1983. Do the math. Age-wise, it is actually 55 Years Old... and, in elevated Scotch Whisky circles, that makes it a truly unusual “gem” and one of only 35 in existence. Was it worth £84,700 / $103,232 US? To this collector, the answer is “Indubitably!”

Shortly thereafter, whiskyauctioneer.com sold another prized 1928 Macallan 50 Years Old from the same coveted 35 bottle lot for a recordbreaking £92,000 / $119,863... shattering the earlier eye-opening sale by almost $16,000. Call it, “Indubitably 2.0.”

There will be informative statistics and eyeopening ultra-premium spirits too... all with a singular goal in mind. By enhancing your knowledge, encouraging investigation and inspiring experimentation... we aim to make you a Luxury Spirits “snob” as well.

Luxury Spirits Aficionados Today, there is a growing awareness and sophistication – based on knowledge, investigation and experimentation – that elevates simply having a drink to a well-rounded experience... one that adds a bit of imagination and personal escape to another place and time.

Luxury Spirits 101 Mister Webster defines “Luxury” as something “non-essential, yet desirable, that is expensive or difficult to obtain.” He adds, “extravagant living” to our idea of pleasurable, upscale and possibly indulgent.... which pretty much covers luxury.

With this issue, we are launching an on-going series on “Luxury Spirits” that will cover a wide range of premium spirits – of all types – and provide some interesting insights and information along the way. It will feature favorites you may already enjoy today and introduce new types and brands that you’ll be anxious to try tomorrow.

As for “Spirits,” it is a two-parter: First, in the world of distilled beverages, the industry defines a Sprit as that containing at least 40% alcohol.

Thus, beer and wine are not considered Spirits (more on this in a moment).

Second, these particular distilled beverages are called “Spirits” because, way back in the VEGASLEGALMAGAZINE.COM | 79

1200 and 1300s, alchemists had two only jobs: (1) Try to turn iron and lead into gold and (2) Create magical elixirs for health and wellness.

In the process of experimenting with the latter, they discovered the “distilling process” (same as today’s) and referred to the ghost-like fumes rising from their potions as mystical “spirits.”

Probably a bit of ancient “ooh and ah” PR coined to keep their employers intrigued... but that also endured through the ages.

The 40% alcohol minimum noted is just that – the minimum – and spirits today can range as high as 81%. This number is referred to as Alcohol

By Volume (ABV) and, by law, appears on every bottle sold today. In some cases, you will also see an optional number referred to as “Proof”... which is simply double the ABV number, i.e., 40% ABV is 80 Proof.

Why is it called proof? Again, a two-parter: First, in the old days, a bit of gunpowder was dipped into a shot of liquor to determine the quality of said beverage. If the gunpowder ignited when held to a flame, it was “proof”

there was enough alcohol (yep...40%) to qualify as a legit spirit. Bootleggers beware. Second, the 40% ABV alcohol qualifier was later used by the U.S. Government as “proof” it was a spirit and could be taxed at a higher rate than beer or wine. Typical buzz-kill government stuff... and no longer required to be displayed on labels.

Luxury Spirits by the Numbers An important tool for budding connoisseurs and aficionados is also knowing key statistics... which reveals tons of useable info and insights as to who’s drinking what and where, how much they’re spending and very important – trends.

For this, we teamed up with the folks at IWSR Drinks Market Analysis in London, considered the world’s foremost authority on Global Alcohol Research, Data and Intelligence on the alcohol beverage market.

Here ‘s a few items they shared: There are six basic types of “Spirits” driving today’s market.

They are (in order of popularity): Vodka, Whisky, Rum, Tequila, Brandy and Gin.

Vodka Number one Vodka is driven by popular U.S. brands at all price points. Tito’s Handmade Vodka is the hands-down favorite, followed by Smirnoff, Svedka, New Amsterdam and Absolut.

But there are lots of surprises as well. Premium brands, such as Grey Goose, Kettle One and Belvedere, are also on the move... with lots of new entries close behind. Overall, from 2014 to 2019,.. Vodka has seen a steady five-year compound annual growth rate (CAGR) of 2.2% to maintain its lead.

Vodka Trivia: In 1864, poor Moscow resident, Pyotr Smirnov, discovered a pretty good distilling process for vodka. Clever marketing made it the most popular vodka in Moscow... and soon all of Russia... and in 2014, it was the number one selling vodka in the world – sold in 130 countries worldwide. How did he do it? He simply gave neighbors some for free and then paid them to request it at their local bars and pubs.

The rest is history.

Whisky Now ranked number two, it has a 5.4% CAGR overall in the five-year period from 2014 to 2019. Surprisingly, the fastest growing segment is Japanese whisky.

Whisky Trivia: Ever notice there are two common spellings? Whisky and Whiskey. Which one is correct? Actually, they both are... and once you know their origins and history, you’ll be able to easily tell where a whisky (or whiskey) is from.

The word whisky is derived from a Gaelic word meaning “water of life” and the different spelling traces back over centuries of translations from the Scottish and Irish Gaelic forms. For Scots, the spelling was Whisky while the Irish spelled it Whiskey. In the 1700s, Irish immigrants brought the extra “e” along with them to America with their own special spirits distilling process.

Here’s a quick “rule of thumb” as to how the world leaders today label their products using these time-honored whisky/whiskey spellings.

Generally speaking, countries with an “e” in their name spell it “Whiskey,” i.e., United States and Ireland (and the plural is “Whiskeys). Countries without an “e” in their name spell it “Whisky,” i.e., Scotland, Canada and Japan (and the plural is “whiskies).

Naturally, there are exceptions, but overall, you’ll be pretty much on target with this “e or no e” knowledge. Crown Royal from Canada? Yep, it’s whisky (no “e” in Canada). And that bottle of Jameson from Ireland? It’s whiskey (there’s an “e” in Ireland). Easy, once you know the secret.

Rum Growth of the third most popular spirit is consistently driven by premium and above brands. Top sellers in the U.S. market for all price points are: Bacardi, Captain Morgan, Admiral Nelson’s, Cruzan and Sailor Jerry.

Rum Trivia: It was the very first spirit ever distilled intended to be used for strictly for pleasure and not just used for medicinal purposes. First distilled as such in the Caribbean in 1620, today the region remains the epicenter for rum production with Bacardi producing and bottling hundreds of thousands of liters every day at its flagship distillery in San Juan, Puerto Rico.

Today, Rum is one of the most popular spirits in the world – especially for exotic island and lavish Tiki-style drinks – and it is produced in almost

every country worldwide. While the standard is 40% ABV (80 proof), many brands come in at 75% (150 proof) to 80% (160 proof) and they are some of the highest ABVs available.

More Trivia: The highest commercially sold ABV in America today is found in Spirytus Vodka from Poland. It boasts a whopping 96% alcohol (192 proof) and features a special “no-leak” steel cap that prevents potential ignition and explosion.

Yep, Spirytus + flame = Boomski !

Tequila With an impressive 7.3% CAGR from 2014 to 2019, top Brands in the U.S. include Cuervo, Patrón, 1800 Tequila, Sauza and Hornitos.

Tequila Trivia: As noted earlier, Tequila is only one of 50 types of Mezcal... and Mezcal is one of the fastest growing categories of spirits in today’s market. To be called Tequila, this plantbased distilled spirit must be made with 51% to 100% Blue “Weber Azul” Agave – produced only in the five Mexican states of Jalisco, Guanajuato, Michoacán, Nayarit, and Tamaulipas – and it must be at least 40% ABV (80 proof) to be sold in the United States and Canada.

The proverbial “worm” we’ve all heard about isn’t for Tequila. It was an ill-fated publicity ploy

for Mezcal the early 1900s introducing it as a flavoring agent and virility enhancement for the American Market. The worm and the brand went by the wayside but the legend remains to this day.

Brandy Spanning many categories, certain regions of the world produce specific styles, such as Cognac, Armagnac, Spanish Brandy, Pisco, American Brandy, Grappa, Eau-de-vie and various Flavored Brandies. With an impressive 5.4% CAGR 20142019 growth overall, this category is being primarily driven by Cognac with 11.2% CAGR during this period.

Brandy Trivia: Typically, at 40% ABV (80 proof), Brandy is considered a sophisticated mainstay in a number of upscale classic cocktails (Brandy Alexander, Metropolitan and Sidecar, to name but a few). Surprisingly, Brandy is produced by distilling wine (or fermented fruit juice). Who knew?

Gin A long-lived staple – with slow and steady growth and popularity worldwide – top brands in the United States include Seagram’s, Tanqueray, Bombay, New Amsterdam and Hendricks.

Gin Trivia: Distilled from either grain or malt, it must be predominately flavored with Juniper berry. It can then be further infused with other botanicals (lemon, grapefruit, fennel, anise, etc.) that can lower the ABV to 37.5%. While cheating the 40% minimum a bit, flavored Gin is still regarded as a legitimate first-class “sprit.”

Luxury Spirits Newcomers You probably have heard liquor and spirits being referred to as ranging from “well” to “top-shelf” and – as you probably have learned (possibly the hard way), it pretty much depends on where you are. Top Shelf in a dive is much different than Top Shelf in a Three Star Michelin restaurant.

Well or top-shelf?

Depends on where you are.

your interest in, and understanding of, luxury spirits.

Our goal is to enhance your knowledge, encourage investigation and inspire experimentation... for personal enjoyment... and ultimately, to help you become the most interesting and fashionable person... at the bar, cocktail party or dinner.

Yes, you too can be a Luxury Spirits “snob.”

Stay tuned... more soon. _________________________________________ As “What’s New Guru,” Don Logay attends numerous trade shows and checks out lots of magazines and trade publications looking for new trends, exciting products, intriguing concepts and “gotta have” things that make life just a little bit better. Contact dlogay@whatsnewguru.com.

For this reason, the IWSR offers standardized industry classifications for spirits (by price in US$ per 750ml bottle) as follows: Value (under $10), Standard ($10 to 22.49), Premium ($22.50 to 29.99), Super-Premium ($30.00 to 44.99), UltraPremium ($45.00 to 99.99), Prestige ($100.00 to 199.99) and Prestige-Plus ($200.00 and over).

Then, there are the “anything goes/sky’s-thelimit” Status and Collectible categories.

Of interest in this area, sales for high-end SuperPremium spirits (priced $30+/bottle) in the U.S. are projected to soar by +107.8% CAGR from 2014 to 2024. Those with the most growth include gin, tequila and Japanese whisky. Mezcal bears watching as well.

“The general trend is toward premiumisation,” notes Mark Meek, CEO at IWSR Drinks Market Analysis, “and the younger generation continues to seek out luxury and finds it in high-end spirits.“ Along with the tips and trivia noted in our individual profiles... and the basic insights and info on “spirits” et al... we hope to have peaked

VEGASLEGALMAGAZINE.COM | 83

Written by Andrew M. Cash, M.D.

TAKING CARE OF YOUR BACK WHILE WORKING FROM HOME B ack disorders are the most common form of ill health at work, and are often caused by ordinary activities such as sitting in an office chair or heavy lifting. We all know about 2020 and the changes that have occurred in the workplace.

Both business owners and employees have a role in preventing workplace back injuries. A lot of people are working remotely and some have even set up permanent home offices.

Applying ergonomic principles can help prevent work-related back pain and back injury and help encourage workers to maintain a healthy back. Learning the proper way to care for and strengthen your back are helpful to preventing a painful condition.

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1.) Purchasing ergonomically-conscious furniture

Make the decision to spend a bit more on furniture that is designed ergonomically correct.

There are so many options in the marketplace.

With all the changes going on, you might be able to find a place that will lend the furniture for a trial run. The return on investment and pain prevention will be worth it.

2.) Get Moving Stretching has many benefits and relieves tension in muscles. Make sure to do some of the following:

Taking regular breaks to get up, walk around and stretch.

Stay active and get your blood flowing throughout the day. Be sure to stretch and move around throughout the day, as sitting in a chair for prolonged periods can cause discs to become compressed. Disc compression can cause pain, poor posture and may worsen over time.

Sitting up comfortably in a chair that supports your lower back.

Your chair should swivel, provide lumbar support, have good padding, have an adjustable backrest and allow you to rest your feet comfortably on the floor. If your chair is lacking any of these properties, you may want to ask your employer to replace it or spend the money to replace it yourself.

Be sure that you adjust your chair height so your forearms are comfortably resting on the desk and your elbows are at the right angles. Employ the principles of ergonomics to maintain good posture while you are working. Make sure your computer screen is at eye level and maintain a comfortable viewing distance. Use a document holder to prevent constantly looking down at your desk. Wrist rests for the keyboard and mouse can also be helpful.

3.) Varying your tasks, so that you are trying to avoid the same movements for prolonged periods using the same part(s) of your body Remember to change your position often.

Sustained positioning can result soreness and pain in the back. Frequent short breaks are better for your back than fewer long ones-muscles have a chance to relax while others take the strain. Try to adjust preventively before the pain kicks in and you have to adjust reactively.

4.) Maintaining a healthy diet, exercising, drinking plenty of water and not smoking Keeping yourself healthy is the answer to preventing many conditions. Take care of your body with healthy food, stay hydrated and avoid

smoking. In addition, combine fitness activities, such as walking, biking or swimming, with targeted exercises to strengthen the muscles in your back and abdomen.

5.) Encouraging employees assistance if necessary

to

request

Encourage employees to be proactive when it comes to their safety and health. Let employees know that you are open to suggestions regarding ergonomics and will efficiently address any concerns. Consider setting up evaluations for each employee every three to six months to tackle any problems that could surface.

Dr. Cash is a fellowship-trained and boardcertified orthopedic spine surgeon, and the founder of the Desert Institute of Spine Care in Las Vegas, NV.

HUMOR

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