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SUMMER 2017 CONTENTS

COVER STORY

LAW

12 // CASE IN BRIEF 16 // ACUTE TRAUMA 18 // STRAIGHT OUTTA MARRIAGE 20 // COURT OF PUBLIC OPINION 22 // THE ABC’S OF THE MSO 26 // QUARTERLY ECONOMIC COMMENTARY 28 // MEET THE INCUMBENT 31 // EXPERT WITNESSES 36 // LEGAL IMMIGRATION 38 // ADVOCATES ARENA 42 // COVER STORY: CAROLYN GOODMAN

BUSINESS

PG. 42

TRUMP TAX EFFECT PG. 51

51 // STATE OF THE MARKET 55 // TAX & FEDERAL BUDGET UPDATE 58 // MONEY MATTERS: RETIREMENT PLANNING 60 // DIESEL: SEPARATING FACTS FROM FICTION

LIFESTYLE

62 // SAKS FIFTH AVENUE 66 // BAR REVIEW: FOUNDATION ROOM 68 // BAR REVIEW: CHOCOLATE LOUNGE 70 // GETTING HEALTHY 72 // LAS VEGAS ICONS: SUSAN ANTON 76 // BUYER PROTECTED: TICKET SALES 79 // 10 BENEFICIAL FOODS 82 // HUMOR

SUSAN ANTON PG. 72

Vegas Legal Magazine Summer 2017 | Pg. 5

LETTER FROM

THE EDITOR

For the Fall 2015 issue of Vegas Legal Magazine, I had the privilege of interviewing Mr. Las Vegas himself, Oscar Goodman. We conversed over gin martinis at the Mandarin bar, overlooking the sparkling lights of Las Vegas – the city imagined and built by icons like Goodman.

Nearly two years later, I had the pleasure of sitting down with none other than the woman known as the Queen of Las Vegas, Mayor Carolyn Goodman. Rarely will you meet an individual with as much charm, charisma, and character as Mrs. Goodman. Meet her once, and you will understand why Oscar has strived and struggled for so many years to accomplish so much, if only to gain her approval and admiration.

Winning an unprecedented 60 percent of the vote among 17 candidates, Carolyn Goodman became mayor of Las Vegas on July 6, 2011.

Oscar Goodman, her husband of 54 years at the time, administered the oath of office. And so continued the Goodman dynasty. In keeping with the vision of her husband, Carolyn continues to build our little gem in the middle of the desert. The very building which houses the mayor’s office would not have existed, but for the vision of the Goodmans.

Halfway through her second term, Mayor Goodman tells me that she is, “without question,” running for a third term as mayor in 2019.

She leaves me with a parting gift – a Mayor Goodman poker chip. A token of good luck. It sits on my desk as I write this letter from the editor. She has our enduring confidence and support in 2019.

Preston P. Rezaee, ESQ

Vegas Legal Magazine Summer 2017 | Pg. 7

LETTER FROM

THE PUBLISHER

This quarter I want to propose an idea to everyone. I have to admit, it’s not my original idea, but it came to me while reading our arti-

cle Getting Healthy In The Great Outdoors, pg 68. We live in such a beautiful city with great hiking and biking trails, yet many of us are too busy working to appreciate any of it. I get it, we have work commitments and we’re busy. Our lives are stressful and finding time for some recreation can be an idea on the back-burner, but health is a real concern in this country and we all need to give ourselves a little therapeutic exercise.

Attorneys are some of the most stressed of professionals and living a healthy lifestyle isn’t exactly commonplace amongst the profession.

But, you don’t have to let yourself be part of that statistic. Give yourself a break from time to time and go for a hike, jog or bike ride. Too hot outside? Try one of the many amazing gyms and studios to get a sweat in and work out your stress. And don’t forget to get checked out by your doctor. Heart disease affects millions of Americans each year and many people don’t realize they are affected until it’s too late.

Getting checked out by your doctor not only gets you on track for a healthy life, but it can also save your life.

So with that said, I challenge you to get out of your office and invite a colleague to hit the gym or cycle studio with you after work. Or better yet, take it from one of our contributors and go out for a hike.

Tyler J. Morgan, Esq.

Vegas Legal Magazine Summer 2017 | Pg. 9

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Case In Brief Super Priority, Supreme Court?

Nevada’s Supreme Court & The Ninth Circuit Are At Odds On Fundamental Questions Of Federalism.

– By J. Malcolm DeVoy, Esq.

Recently, the Nevada Supreme Court and United States Court of Appeals

for the Ninth Circuit (the “Ninth Circuit”) reached opposing conclusions on the same issue of Nevada law. As has been noted in the past,1 Nevada’s Supreme Court does not hesitate to distinguish itself from other federal courts and their holdings. The latest major juncture in this dispute finds the Nevada Supreme Court disagreeing with the Ninth Circuit in a manner that could raise profound constitutional issues and require the United States Supreme Court’s intervention to resolve.

For real estate litigation “cognoscenti,” it is no surprise that the crux of this problem arises from the super-priority liens created by NRS 116.3116 et seq., which historically gave homeowners associations (“HOA’s”) a superpriority interest in the most recent nine months’ worth of HOA dues.2 Following the economic turmoil of 2008 through 2009, HOA’s sold these liens to the highest bidders, who in turn would commence non-judicial foreclosing proceedings based on possessing a super-priority interest in the property by purchasing the interest created by the overdue HOA dues. Investors savvy to this process were able to purchase single family homes—frequently in highly desirable areas—for thousands of dollars.

Litigation ensued. Banks, incredulous that NRS 116.3116 and its superpriority extinguished its much larger deed of trust interests on the houses, took to the courts arguing that the super-priority lien did not operate as it was being applied. To the banks, the super-priority liens created, at

Vegas Legal Magazine Summer 2017 | Pg. 12

best, an equitable entitlement to first satisfy the delinquent HOA dues from the proceeds of a foreclosure sale performed by the holder of a first deed of trust—it did not extinguish the deed of trust entirely. The Nevada Supreme Court, however, saw it otherwise. In 2014, the Nevada Supreme Court ruled in SFR Investments Pool 1 LLC v. U.S. Bank N.A. that the plain language of NRS 116.3116 did create a true super-priority lien in the overdue HOA dues, and one that would extinguish even a bank’s deed of trust in the property.3 More litigation ensued. In late 2016, a permutation of the super-priority lien issue made its way before the Ninth Circuit.4 Rather than address the operation and true intent of NRS 116.3116, which the Nevada Supreme Court had spoken to in SFR and its lineage of related cases, the Ninth Circuit took a different approach. The appeals court found NRS 116.3116(2) to be facially unconstitutional, constituting an impermissible state action requiring lenders to protect themselves against loss—despite holding deeds of trust—by requesting notice from HOA’s of their intended foreclosure on their super-priority liens.5 As a result, Nevada’s superpriority scheme resulted in a violation of the lender’s due process rights.6 For a moment, at least in federal court, the super-priority was dead.

This death of the super-priority lien was short-lived. In January of 2017, the Nevada Supreme Court directly addressed the Bourne Valley decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, and

CASE IN BRIEF

expressly “declin[ed] to follow” the Ninth Circuit’s holding.7 The Nevada Supreme Court’s position, and interpretation of state law, undermined the premise of the Ninth Circuit’s opinion: That non-judicial foreclosure of an HOA lien involves state action and implicates the due process clause of the United States Constitution. “[D]ue process is not implicated in an HOA’s nonjudicial foreclosure,” wrote the Nevada Supreme Court, going on to explain in detail why the super-priority lien’s extinguishment of subordinate interests, including deeds of trust held by national banks, did not constitute a government taking.8 The tension between the Ninth Circuit and Nevada Supreme Court creates a potential mess of federalism. Under the Erie doctrine, federal courts that have based their jurisdiction on diversity (i.e., the amount in controversy and differing citizenship of the parties, rather than purely federal questions such as patent infringement or qui tam actions under the federal false claims act) are compelled to follow state law.9 Ultimately, states have the final determination of what their law actually is, whether through the judiciary or the legislature. On questions of federal law, though, federal courts have the final say, for reasons traced directly back to the Supremacy Clause of the United States Constitution.

The latest phase of the super-priority lien fight is less of a fight about the law’s meaning than whether or not it implicates rights arising under the United States Constitution. The Ninth Circuit’s opinion in Bourne Valley contends that it does, and the statute on its very face violates the due process clause of the Fourteenth Amendment.10 Nevada’s Supreme Court, arguably making the dispute a matter wholly of state law and therefore beyond the United States Supreme Court’s reach, reasoned that superpriority foreclosures did not implicate the due process clauses of either the United States or Nevada Constitutions.11 The Nevada Supreme Court’s self-differentiation from other federal courts is not some quirk of local law. Despite the ever-broadening sweep of federal law,12 the United States Supreme Court recognized within

the last 100 years that it was “one of the happy incidents of the federal system” that a single state may “serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”13 As seen in the ongoing super-priority lien battles, and the Nevada Supreme Court’s general support for enforcing the Nevada statute as written in prior decisions, its distinctiveness can have far-reaching implications and set the stage for larger battles. While the likelihood of any particular case being heard by the United States Supreme Court is slim, the question of whether a state can determine whether or not its own laws implicate constitutional rights is one that the justices may select for review.

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

1. See Daubert or Not Daubert: Does it Make a Difference? A Brief Discussion of Expert Testimony & Opinion Admissibility, Vegas Legal Magazine (Dec. 2016); Nevada Supreme Court Extends the FDIC Extender Statute, jaydevoy.com (May 2015).

2. This statutory regime was amended by the Nevada legislature in its 2015 session.

3. 334 P.3d 408 (Nev. 2014).

4. Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), reh’g. denied (petition to U.S. Supreme Court for writ of certiorari filed Apr. 3, 2017).

5. Bourne Valley, 832 F.3d at 1158.

6. Id. 7. Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, 388 P.3d 970, 974 at n. 5 (Nev. 2017).

8. Id. at 974-75.

9. Federal courts are, however, allowed to make certain predictions regarding how state courts would rule on issues where there is no direct precedent; federal courts also have the option to certify questions of state law to the Nevada Supreme Court for its consideration under Nevada Rule of Appellate Procedure 5.

10. Bourne Valley, 832 F.3d at 1160.

11. Saticoy Bay, 388 P.3d at 975.

12. See, e.g., Harvey Silvergate, Three Felonies a Day (2011).

13. New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (noting, ironically, that the court may strike down laws and “prevent” such experiments where statutes violate the due process clause.)

Vegas Legal Magazine Summer 2017 | Pg. 13

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ACUTE TRAUMA An Imaging Perspective – By Travis Snyder, DO

Distinguishing acute trauma from pre-existing degenerative changes

(changes of aging) and other pathologic processes during medical imaging is essential for patient care and management, yet this is often challenging for both the treating physician and the radiologist. Imaging terminology and options, such as MRI pulse sequences can be confusing for physicians and non-physicians alike. Understanding of these concepts is surely essential for attorneys managing medical legal cases.

Imaging Options Understanding the utility of the various modalities available in diagnostic imaging is important. Fractures in the spine or extremities can occasionally be subtle or not visualized on plain film (x-ray) and if there is high clinical concern, MRI is recommended. Extremity x-rays for fractures should ideally include standard 3 views. Ligament and tendon injuries are most often not seen on x-ray, although indirect signs may be present. MRI is the exam of choice to asses these and other soft tissue injuries. CT is excellent for assessing bony pathology such as fractures, particularly rib fractures, but is more limited in assessing the soft tissues. Intravenous contrast may be administered in cross sectional studies (MRI or CT), but other than to assess for abdominal organ or vascular injury, contrast is of limited value in evaluating acute or subacute injuries and is generally reserved to characterize or diagnose nontraumatic conditions such as infection or neoplasm or postsurgical spinal evaluation. A MRI arthrogram is a procedure where MRI sensitive contrast and water are injected into the joint under fluoroscopic imaging guidance by a radiologist and then scanned using MRI. This exam is typically ordered to assess the labrum (an important stabilizing thin but sturdy circumferential soft tissue structure peripheral and superficial to the cartilage), in either in the shoulder or hip where intraarticular contrast (Arthrogram) offers increased detection rate for labral tears1. Ultrasound may be of benefit to assess for traumatic ventral abdominal or inguinal hernia.

Spine Pathology In the spine, straightening, and particularly reversal, of the normal cervical and lumbar lordotic (posterior concave arching as seen on sagittal/lateral view) curvatures, can be associated with muscle spasm and pain in the proper clinical setting. Anterior subluxation (anterolisthesis) and posterior subluxation (retrolisthesis) of a vertebral body compared to the one below may indicate underlying ligamentous injury, particularly in younger patients. Translation (movement) of one vertebral body on another as seen on sagittal (lateral or side view) imaging during flexion and extension x-ray/MRI or dynamic flexion/extension video fluoroscopy is a concerning finding. Translation can be indicative of instability with

Vegas Legal Magazine Summer 2017 | Pg. 16

underlying ligamentous injury and has prognostic value in determining disability2. Assessment of ligamentous injury is best seen on sagittal STIR imaging (a dedicated fluid sensitive MRI sequence). Subtle injuries may be better identified on the more advanced 3.0 Tesla magnet (rather than a 1.0 or 1.5 Tesla system).

Intervertebral discs are present in-between the vertebral bodies and best evaluated on MRI. Morphology of disc pathology is important; disc protrusions and extrusions are more likely to be acute than disc osteophyte complexes or broad disc bulges, although acute pathology can be superimposed on preexisting degenerative changes. Size of the disc herniation is also significant secondary to mass effect on nerves and resultant narrowing of neuroforamina or resultant spinal stenosis which should be documented regardless of morphology. Absence of findings such as degenerative disc signal or osteophytes can occasionally aid in assessing acuity. Annular tears/fissures of the intervertebral disc can be associated with trauma or degenerative change; additional descriptions such as size, whether the tear is peripheral, vertically orientated, bright on STIR imaging, or demonstrates a radial component (extends to the center) may assist in determining etiology and prognosis3-4.

Extremity Pathology Regarding extremities, edema and surrounding fluid at the site of pathology on MRI are helpful findings that may suggest acuity. Unusual injuries in a symptomatic young patient following trauma such as a rotator cuff tear or large SLAP tear (superior labral tear) in the shoulder or a complex meniscal tear in the knee do not typically present a diagnostic dilemma as to traumatic causality. Alternatively, joint space narrowing, subchondral cystic changes and uniform cartilage loss are not acute posttraumatic findings.

Traumatic Brain Injury Traumatic brain injury often occurs at the grey-white matter junction due to differing densities of the grey (cortical) and white (subcortical) matter.

These shearing injuries (diffuse axonal injuries) may be hemorrhagic or non-hemorrhagic. The hemorrhagic injures are best seen on SWI (susceptibility weighted imaging), which is 4-6 times more sensitive than dedicated hemo-sensitive gradient echo images5. Sagittal FLAIR imaging provides added sensitivity for the non-hemorrhagic lesions. Cerebral contusions, subdural hematomas and characteristic ‘coup contrecoup’ patterns are assessed utilizing standard brain sequences.

Diffuse Tensor Imaging (DTI) measures water diffusion along the white

matter axons (which can be thought of as “telephone lines” of the brain).

Decreased DTI values following head trauma is well documented in the literature and correlates with clinical outcome6. NeuroQuant hippocampal volumetric software analysis adds objective quantification in assessing the hippocampal volume loss associated with head trauma7.

In addition, advanced trauma brain protocol may include functional (fMRI)8, perfusion imaging9 performed with contrast or using arterial spin labeling (ASL), and MR spectroscopy10.

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

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

References

1. 3-T MRI of the Shoulder: Is Arthrography Necessary? Magee, T. AJR Jan 2009 Volume 192, Issue 1 2. Guides to the Evaluation of Permanent Impairment, Sixth Edition 6. American Medical Association.

3. Annular Tears and Disc Degeneration in the Lumbar Spine. A post-mortem study of 135 discs Osti OL, Vernon-Roberts B et al. J Bone Joint Surg Br. 1992 Sep;74(5):678-82.

4. Do Presence and Location of Annular Tear Influence Clinical outcome after Lumbar total Disc Arthroplasty? A prospective 1-year follow-up study James J. Yue, et al Int J Spine Surg.

2012; 6: 13–17.

5. Hemorrhagic Shearing Lesions in Children and Adolescents with Posttraumatic Diffuse Axonal Injury: Improved Detection and Initial Results. Tong et al. Radiology 2003; 227:332– 339.

6. A Decade of DTI in Traumatic Brain Injury: 10 Years and 100 Articles Later M.B. Hulkower, et al. American Journal of Neuroradiology November 2013, 34 (11) 2064-2074.

7. Man Versus Machine Part 2: Comparison of Radiologists’ Interpretations and NeuroQuant Measures of Brain Asymmetry and Progressive Atrophy in Patients With Traumatic Brain Injury. Ros DE, et al J Neuropsychiatry Clin Neurosci. 2015;27(2):147-52. doi: 10.1176/appi. neuropsych.13040088.

8. Functional MRI of Mild Traumatic brain injury (mTBI): Progress and Perspectives from the first Decade of Studies. McDonald B et al. Brain Imaging Behav. 2012 Jun; 6(2): 193–207.

9. Perfusion Deficits in Patients with mild Traumatic Brain injury Characterized by Dynamic Susceptibility Contrast MRI. Liu W et al. NMR Biomed. 2013 Jun;26(6):651-63. doi: 10.1002/ nbm.2910. Epub 2013 Mar 4.

10. Proton MR Spectroscopy in Mild Traumatic Brain Injury. Bozena Kubas et al Pol J Radiol.

2010 Oct-Dec; 75(4): 7–10.

STRAIGHT OUTTA MARRIAGE

The Benefits of Private Mediation Over Litigation In Divorces –By Nedda Ghandi, Esq.

It may seem odd at first to learn many divorce attorneys are

recommending their clients choose private mediation rather than trial in family court. After all, divorce attorneys are litigators, and trying cases is a big part of what litigators do. It turns out that the benefits of private mediation in appropriate circumstances apply not only to the client, but to the attorney as well.

In private mediation, the parties decide together, voluntarily, to hire a third-party mediator to facilitate a resolution of some or all of their contested issues. Private mediation may resolve issues of custody, visitation, alimony, child support, property division, debt allocation and more, whereas court-ordered mediation may be limited to specific aspects of the case. Ideally, the private mediator is a family law attorney or retired judge with extensive knowledge and experience in family law and is therefore able to facilitate settlement discussions that are grounded in the law and informed by the realities of what would likely occur if the case did proceed to trial. The good news is that the private mediation process is less adversarial and often far less expensive than full blown litigation.

More importantly, mediation allows the parties to play an active role in fashioning the solutions to their disputes rather than tearing each other to shreds in the courtroom and leaving these decisions up to a judge who, knowledgeable and well-intentioned, is nevertheless a stranger to that family and confined by evidence admitted during the proceedings.

Although the parties are not required to have attorneys representing them during the mediation sessions, it is often advisable if the parties can afford it. For example, attorneys can ensure that their

Vegas Legal Magazine Summer 2017 | Pg. 18

clients understand the legal consequences of their decisions and can offer them real-time advice about whether a proposed resolution is fair and reasonable, or if a more favorable result would be likely if they proceeded to trial. Further, when mediation is successful and it comes time to reduce the agreement to writing, the parties’ attorneys can ensure that the written agreement accurately reflects the resolution reached.

Family law attorneys also play an important role in the period leading up to the mediation. Throughout the course of private mediation, a fair settlement is predicated on full disclosure by both sides. Thus, attorneys work with their clients to produce documents and evaluate the production from the opposing side, in addition to other forms of discovery. In more complex cases, expert reports concerning child custody or financial matters may be necessary predicates to mediation.

As previously indicated, private mediation mitigates the contentious and adversarial nature of family law disputes. In certain cases, it can also provide an added degree of privacy for the parties, particularly if mediation is contemplated early in the case, and before either party feels compelled to file motions containing acrimonious allegations and accusations. Private mediation occurs behind closed doors, and the discussions had during the process are confidential and do not become part of the public record. This privacy may be appealing to parties in certain high asset cases, and particularly when there is a concern that business interests could be harmed by a public battle over ownership of the business.

When children are involved, the benefits of this privacy can be even

more pronounced. The less adversarial approach of mediation often results in less contention between the parents, both during the mediation and following settlement. That being said, it is not surprising that the children of parents who behave in a civil and perhaps even cooperative manner in a divorce often experience less trauma and make a smoother transition to the post-divorce dynamic than those whose parents go the more acrimonious route.

Reaching a settlement through mediation can benefit the postdivorce relationship of the parties as well. Given that the parties experienced a feeling of control over the process and the agreed upon outcome, rather than having the court’s decision forced upon them, the need for post-settlement intervention from the court may be reduced. The parties also tend to experience a better postdivorce relationship having been spared a protracted and bitter court battle.

Finally, the relationship between the family law attorney and client also benefits from mediation. Clients often appreciate their attorney’s efforts in encouraging a method of resolution that mitigates the financial and emotional costs of an already difficult process. The client who emerges from mediation with a stipulated settlement may be more satisfied with their divorce attorney than the client who emerges from contentious litigation depleted both emotionally and financially. Not to mention, a satisfied client is far more likely to refer new business to the attorney than a dissatisfied client.

In sum, while private mediation is not appropriate in every case, litigants and their attorneys should evaluate it as an option early the case. In appropriate cases, private mediation can be a valuable tool in helping clients resolve their family law disputes by mitigating the financial and emotional costs of the process and offering the parties a chance to meaningfully participate in crafting solutions that best serve their family.

Nedda Ghandi, Esq. is the founding partner of Ghandi Deeter Blackham Law Offices. A Nevada native, Ghandi is a graduate of the University of Nevada, Las Vegas William S. Boyd School of Law and has practiced law in Las Vegas for 9 years. Ghandi has written numerous articles for publications concerning interesting developments in the law, and has been selected as a memeber of Nevada’s Legal Elite and as a Super Lawyer every year since 2013.

Ghandi Deeter Blackham specializes in family law, bankruptcy, guardianship, and probate. Consultations may be scheduled by calling 702.878.1115 or visiting www.ghandilaw.com.

Court Of

Public Opinion –By Mark Fierro

It’s a case that has become known as the “Smoke Shop Shooting.” Many

of us first heard about the case involving a young man who was clerking at a Las Vegas store when three young men burst into the shop with their faces covered and rushed the counter to steal items in a brazen robbery attempt. The event, which garnered international attention, was captured on video and aired on every local television station. (Link: http://www. lasvegasnow.com/news/man-accused-of-killing-teen-at-smoke-shop-willstand-trial/683966864) The video clearly shows the store clerk firing his pistol and shooting one of the would-be robbers dead. It’s the kind of storyline that Nevadans can get behind: A law-abiding citizen stands his ground against street criminals intent on robbery.

The police appeared to be comfortable enough with the initial facts. They removed handcuffs from the shooter, who soon volunteered a statement.

But within days, public sentiment would dramatically shift. The store clerk, Raad Sunna, would be charged with one count of open murder with the use of a deadly weapon and soon be bound over for trial.

What could change so quickly? As the media weighed in and dug deeper into the story, the age of the deceased emerged as a prominent factor — he was just 13 years old at the time of the robbery. Secondly, the seven shots that hit him were all in the back. The court of public opinion had shifted against Sunna with lightning speed.

Attorneys for Sunna, Dominic Gentile and Paola Armeni of the law firm Gentile Cristalli Miller Armeni Savarese, say a closer look at the details of the shooting will lead to an acquittal. Armeni stated: “Age is a very big motivating factor but nobody knew his age when the perpetrator ran into the store.”

According to Armeni there was no way for Sunna to know that one of the attackers, Fabriccio Patti, was anything but a full-grown assailant. Patti stood 5-foot-9 and was wearing bulky winter clothes with his face covered by a T-shirt fashioned into a shemagh face mask, which is sometimes used

by Middle Eastern terrorists.

“He (Patti) still made a choice. He made a very adult choice,” Armeni said.

“He chose to run into the store with his face covered and made a criminal choice to run into that store and to do whatever he was planning on doing.

At that point, whether he’s 13 or 40 should be irrelevant.”

Sunna, a churchgoing 24-year-old (he gave his statement to police accompanied by his pastor rather than an attorney) who had never had a scrape with the law, literally had a split second to react to the three-person crew that stormed into the store that late afternoon. Armeni says it was a decision made under the worst kind of duress, which was created by the robbers. “Raad was petrified,” says Armeni. “He was completely petrified.

If Raad could change that day and make it all go away, of course he would.

Even if there’s an acquittal, he still has to live with the trauma for the rest of his life. Was it justified? Absolutely. But he still has to live with it.

Vegas Legal Magazine Summer 2017 | Pg. 20

“In his voluntary statement, Raad said he thought he was going to die. He was thinking, ‘OK, I’m going to see you, Grandpa.’ This was all happening so quick. But he thought he was done. He thought he was about to go meet his maker.”

When questioned by police immediately after the shooting, Sunna said he thought the robbery was about to turn into an armed robbery. When asked by Las Vegas Metro Police Detective D. Boucher, “...what did you think was about to happen,” Sunna replied, “I thought maybe as he ran closer he would draw on me, I didn’t know. I don’t recall if he had a gun or not, any weapons, like, I don’t even know how to explain it, ’cause I’m still in shock and I’m still really shooken (sic) up by this. … I was afraid of dying tonight.”

At the March 31 preliminary hearing on the case, the defense called an expert, Robert Irwin, who has taught countless police academies and concealed weapons classes on “shoot/don’t shoot” situations. Irwin says that Sunna’s reaction was a textbook case of nanosecond response time: Dominic Gentile: “Do you train your students … to wait before they shoot so that they see a weapon before they shoot?”

Irwin: “No. … These events generally take place in a half-second to one second to one and a half seconds, the actual part of this that the confrontation is. … Clearly if police or security or civilians wait until they see the gun coming or the knife coming toward their chest to fire their gun, they’re going to die.”

There are no winners, there is no prevailing party in this case. A young man, Raad Sunna, went to work that December morning just trying to make it through another day. The three robbers had very different goals.

Patti is dead. The two surviving members of his crew face charges of attempted robbery. Sunna’s life as a somewhat cloistered young man living at home with his parents has changed forever. He has only one explanation for his actions on that December afternoon: “I was just petrified and afraid for my life.”

The father of the deceased, Martin Patti, is the one person who has not jumped to any conclusions, telling the Las Vegas Review-Journal, “God is helping me to go through this and I wish him the same.” As Sunna was bound over for trial by Justice Karen Bennett Haron, Gentile and Armeni informed the court of their intent to demand a speedy trial, which is now slated for July 31.

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

THE ’s OF THE MSO

– By Glenn H. Truitt, Esq., & Malvika Rawal, Ph.D., JD

Chances are, if you’re in private practice, you’ve heard of Management

(or Dental) Services Organizations, or MSOs. MSOs have most likely been posited to you as a component of a business structure involving your practice. You’ve probably heard a strong response one way or another. The MSO is as routinely celebrated as it is vilified.

The MSO is neither inherently good nor bad on its own. It is compliance agnostic. Like most tools, it’s how it’s used that makes the difference. A chainsaw is a useful implement for cutting down the trees used to build your house. It’s not such a friendly tool in the hands of Leatherface.

MSOs, like the medical practices they serve, come in all varieties. Some are specialized, performing only one specific function, like billing. Others are more comprehensive, fulfilling virtually all the non-clinical needs of a medical practice. The main goal, however, remains constant throughout: to bring efficiencies to the medical practice without violating the complex laws that govern both the practice of medicine and the business of medicine.

The most important takeaway here is how nuanced and challenging compliant MSO structures are, and why you absolutely shouldn’t attempt to set up or operate one without the assistance of an experienced healthcare attorney. Like any tool, it’s far more dangerous and risky in the hands of someone who doesn’t know how to use it properly.

There are some common myths that surround MSOs: that they’re a scam, or they’re all the same, or they only need to provide marketing. None of them are remotely close to true, and some of them are outright dangerous.

There have been scams that used MSOs, but that doesn’t taint the structure as a whole. As long as an experienced healthcare attorney reviews the structure and its compliance, your practice will be on solid footing. All MSOs are not created equal. Any MSO should absolutely be customized for the practice that it serves.

The most pernicious is the final myth listed here, that MSOs should provide only marketing. The most common improper use of the MSO structure is where the only substantive service it provides is marketing, i.e. directing

Vegas Legal Magazine Summer 2017 | Pg. 22

patient traffic to the underlying practice. This explicitly violates the AntiKickback Statute, and is the clearest example of an illusory structure.

What Is an MSO? In general, an MSO is perhaps easiest to define by understanding what it is not. Though you, like us, have probably heard someone say they’ve set up an MSO to provide healthcare services, that’s precisely the one thing an MSO cannot legally do. An MSO specifically does not, and cannot, engage in the practice of medicine because an MSO is, by definition, not a medical practice. MSOs, on the contrary, provide non-professional services to professional practices (medical, dental or otherwise). An entity that engages in professional practice, according to the law, is defined by its core function. Physicians are professionals because they’re licensed as such, in other words.

This definition is important because it helps us define how a business can avoid practicing medicine — primarily by not employing, or otherwise paying, licensed physicians to practice medicine.

So what does that leave? Literally, everything else. Think for a moment of all the things that a medical practice does besides provide medical services: leasing/buying space and equipment; paying non-clinical staff; bookkeeping and accounting; billing and collecting; record-keeping and storage; patient and general administration; and on and on. An MSO has no affirmative duties, only proscribed activities. An MSO can be a singlesource provider to a medical practice for all of its non-medical services.

That proscription, in turn, is derived from the Corporate Practice of Medicine Doctrine, designed to ensure only licensed professionals could practice medicine. The modern interpretation of CPOM is structured to prevent any encumbrances, especially economic, on a physician’s independent medical judgment.

If you’re new to MSOs, you’re probably thinking, “this is a lot of trouble to go to just to get all your administrative services from the same company.”

You wouldn’t be wrong. However, MSOs exist as a tool to move money in a compliant manner to parties that can’t get it directly from the practice.

Non-licensed individuals are prohibited by the CPOM doctrine from sharing in earnings of the practice, but a non-licensed individual may share in the earnings of the MSO. CPOM exists to ensure that there aren’t circumstances where there is lay control over a physician’s medical judgment, or a doctor’s loyalty is divided between an employer and a patient. Yet there are many circumstances where a lay, or non-licensed party, contributes material economic value to a professional medical practice, and might rightfully, then, expect some measure of participation in that entity’s profitability. MSOs are designed to provide a legally compliant structure which addresses this economic inequity in a way that is consistent with the associated public policy concerns.

The MSO structure avoids “lay control over the physician’s medical judgment” by separating the clinical functions of a practice from its administrative and business functions. There are many non-clinical factors in a professional medical practice which directly affect that practice’s revenue and profitability. The money that the physicians received in consideration of his/her practice of medicine stays within the purview of an entity wholly owned or controlled by licensed physicians. Thus, there is no divided loyalty between the MSO (or its owners) and the patients the physician serves with respect to clinical judgment.

The MSO allows the medical profession to reap the benefits of advancements and efficiencies in patient administration and other key business functions, without violating the spirit or the letter of the CPOM laws. Instead of focusing on administrative duties, MSOs allow doctors to spend their time treating patients.

But the million-dollar question is: Are MSOs compliant?

MSO Regulations and Pitfalls Both federal and state Stark laws deal with physicians receiving compensation for referring patients to specific medical facilities where the physician (or a close family member) has a financial interest. Both Federal and State Anti-Kickback Statues deal with referrals of patients to facilities which provide the physician with a payment directly related thereto. Self-referral, clearly, is an economic incentive for the physician, which may interfere with independent medical judgment. Similarly, if a physician receives some type of economic incentive (or kickback) for referring patient to a healthcare facility, this incentive will interfere with the physician’s objectivity. These laws were passed to strictly control the physician’s referrals in a way such that their effect on a physician’s independent medical judgment is minimal.

It becomes imperative that when a physician uses an MSO, the relationship MUST be vetted by an experienced healthcare attorney so that it in no way violates these Stark and Anti-Kickback Statutes. Both the aforementioned laws have safe harbors and exceptions for certain specific types of financial relationships. However, ALL conditions imposed by the respective safe harbor or exception must be met for the specific relationship to be complaint.

How to Structure an MSO In its original configuration, the MSO model was used only to mitigate costs of administrative and management functions to private practices that could not otherwise afford them. In this original model, none of the owners of the practice (or contributors thereto) were owners of the MSO.

ABC’S OF MSO The market value of the catalog of services provided was a function of the practice’s expected savings and gains based on outsourcing these services, because the MSO would be competing for the practices’ business with other service-only MSOs. Instead of focusing solely on creating economies of scale that provide affordable services, the modern MSO is used to develop legally compliant structures that accommodate economic contributions to the practice that cannot legally be directed. However, there are unlimited scenarios where a non-licensed party contributes materially to that practice, and for which remuneration is equitable.

The modern MSO structure includes non-licensed parties as equity members of the MSO entity. A Management Service Agreement between the MSO and physician provides the MSO revenue from the services it provides to the practice, so that the members of the MSO (both licensed and unlicensed) may share in the MSO’s profits. The primary obligation that the practice retains is to pay the licensed staff ’s salary (doctor, dentist, nurse, etc.).

The primary value driver for this MSO structure is its ability to provide enough services to move sufficient cash flow to the MSO to be split amongst the MSO’s putative partners.

The Ninth Circuit court, in The Hanlester Network v. Shalala, laid out a framework for physician’s ownership interests that would not violate the Anti-Kickback Statutes, as long as some specific criteria were met, including that return on investment and participation weren’t based on referrals.

By serving the public policies surrounding healthcare regulation in developing compliant business structures, participants are ensured of not only meeting the letter of the law when using an MSO, but also the spirit of such laws. It can make all the difference in an audit scenario.

Just like the introduction of the limited liability company to corporate structures in 1977, the introduction of the MSO to healthcare structures has opened the door to an unlimited variety of formal business relationships for medical businesses — limited only by their imaginations, and the skills of their legal professionals.

Glenn H. Truitt, Esq. is a managing partner at Ideal Business Partners (www. idealbusinesspartners.com), a multidisciplinary professional services firm serving healthcare professionals with state-of-the-art legal, financial compliance and strategic advice, working together to lift up their practices. IBP consults with ComplyPro (www. mycomplypro.com), a HIPAA compliance services company, serving Nevada and southern California, and employing both traditional and digital compliance tools to develop comprehensive, customized compliance soultion for any size practice.

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

Vegas Legal Magazine Summer 2017 | Pg. 23

ECONOMIC EXPERT REPORT

PARTIALLY DISABLING INJURIES: HOW TO MEASURE THE LOSS OF EARNINGS CAPACITY –By Stan V. Smith, PhD with Kyle Lauterhahn

Assessing the partial loss when an injured plaintiff can still continue

to work in the future in “some reduced capacity” presents a complex challenge to plaintiff attorneys and to juries, a challenge that is often not well addressed in a litigation setting. However, there are high-quality statistics produced by the United States Census Bureau that few expert economists, and even fewer lawyers, are aware of that can greatly aid in the analysis of lost earnings capacity. These government statistics allow an economist to provide an opinion to a jury regarding the partial loss of earnings capacity due to disability to a reasonable degree of economic certainty, obviating the need in many instances for a formal vocational analysis.

When an injured person returns to work, the rate of pay and the hours worked can be very misleading as they are frequently not indicative of the long-run impacts. Even if an injured person is back to work at the same job and the same rate of pay, with a disability, there are definite wage losses due to disability in the long-term future that are not readily evident and that should not be ignored. Fortunately, these Census Bureau statistics address and remedy the problem.

The partial loss of earning capacity can arise not only from physical injuries, it can also arise in a myriad of situations such as defamation that has a future career impact. The loss may arise if someone’s career in medical school, for example, is prematurely terminated by wrongful dismissal. An economist can measure such loss. This article focuses on ways to help juries understand the long-term impact on earning capacity loss due to a physical or mental impairment, such as difficulty standing, or difficulty concentrating, where government statistics provide a highquality measure of the impact, both on employment probabilities and pay rates. This long-term impact is typically not evident shortly after the injury.

EXAMPLES OF PARTIAL LOSS CIRCUMSTANCES After an injury, an individual may have already returned to work fulltime, but he or she may be earning less than prior to their injury due to impairment. For example, a realtor who has difficulty walking or has back pain may work full-time after the injury but accomplish less per hour.

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They may show fewer homes in a given afternoon due to difficulty walking, driving, and going up and down stairs, and thus earn less in commissions.

In addition, they may also work fewer hours per week due to the disability, and earn even less per year than if they worked full-time. Furthermore, the degenerative impact of the injury on hours and earnings may increase over time.

A construction worker may continue to work full-time with some pain.

Even if the worker earns the same union wage per hour, he or she may work less overtime in the long run, and may be able to work only to age 53 for example, rather than perhaps age 62 or 65, or even later. The work life capacity prior to the disabling injury is forever impacted. Less overtime and fewer years of work in the future reduce the injured person’s earnings capacity.

An accountant may be forced to retire early, giving up the business that took decades to build. A call center worker may choose to work less overtime due to fatigue, and he or she may take frequent personal leave as a body pain may flare up from time to time. Pain can be very debilitating. A truck driver may find that upon their return to work, pain associated with longhaul driving may force them to also accept shorter, lower-paying routes, leading to a double penalty of reduction in earnings and time worked.

UNITED STATES CENSUS BUREAU DATA These long-term, future impacts of impairments are all but impossible to assess after the injury without the high-quality statistics that are available to measure them. Even if an individual has not yet returned to work, but is making medical progress and return to work is feasible, a jury will want to understand what the person can do in the future, and how their capacity may be reduced in the long run.

As shown in the examples above, the average person who has a disability due to injury also has a significantly reduced probability of employment, and perhaps a significantly reduced pay rate. This reduction in employment can mean fewer years worked in one’s career (i.e. retiring early) or fewer hours worked in each year (i.e. shorter work week, more time off, etc.). The reduction in pay rate can result from reduced hourly earnings, reduced overtime, or reduced opportunities for promotion and advancement, all

of which lead to significant losses for an injured person. The reduction in employment and the reduction in pay rate can operate independently of one another.

future earnings (assuming they graduate college) including benefits could approach $4 million, the child who has difficulty concentrating can expect a reduction in earnings that well exceeds $2 million.

We know that these losses exist anecdotally, such as in the examples above, but there are also reliable statistical databases for these work and pay reductions due to disabling injuries. The United States Census Bureau collects employment and pay data on Americans with disabilities as part of its regular surveys. Persons with disabling injuries may be compared to the total population in order to get a statistical comparison of the reduction in probability of employment or the median earnings of a disabled person, as compared to the average person in the workforce. This data indicates that people who have disabilities, unsurprisingly, have reduced likelihood of employment and reduced earnings (if they are employed) compared to the average American.

In addition to the income capacity of a child being reduced, the prospective level of educational attainment of a child is likely to be reduced as well with a disability. We frequently assume several pre-injury educational outcomes, such as some college and college graduation. It may be that someone we thought had a great likelihood of completing college may now likely only complete some college, or may not even go to college at all. The jury can be shown all the possible combinations of equal and or lesser education due to the injury, with the post-injury wages and employment reduced by the Census Bureau employment statistics. So we can, for example, assume some college prior to injury and only high school after the injury. The post-injury high school earnings would be reduced based on the Census Bureau statistics.

The Census Bureau has a breakdown of impact by disabling condition, which can be related to injured individuals to show what degree of future earning reduction is statistically expected. Independent measures of loss can be found for many types of disabilities including: difficulty seeing, hearing, concentrating, getting along with others, speaking, walking, lifting, grasping, standing, sitting, crouching, reaching, moving heavy objects, or coping with stress. Disability is also indicated by the use of wheelchair or a walker, and by limitations in the basic activities of daily living, such as homemaking, dressing or bathing, or by limitations of the more complex or instrumental activities of daily living such as managing finances and planning meals.

REAL NUMBERS For someone with difficulty sitting due to a spine injury, according to the Census Bureau statistics, the probability of employment is approximately 58.25 percent less than that of the total population. An assumed 58.25 percent reduction in future work can be applied to the expected normal future earnings of the person. If a long haul truck driver earning $70,000 per year would have worked for another 21.5 years but for their injury, their near 60 percent reduction in expected future years worked can mean 12.5 years of lost earnings, a loss of over a million dollars including benefits. This large loss is not otherwise evident to the jury if the driver has returned to work currently driving the same route and hours and at the same pay. But government statistics can allow an economist to opine as to this future loss with a reasonable degree of economic certainty.

For persons who are employed subsequent to an injury that results in a disability, the data from the Census Bureau shows that the rate of pay or earnings per hour work is also likely to be reduced. In the instance of the realtor discussed above, the average earnings for someone who works despite difficulty walking are 66 percent of the earnings of an average American. So if we assume that a realtor earning was capable of earning $60,000 per year prior to their injury, their long term post-injury earnings capacity may be expected to be only $40,000. At an annual reduction of $20,000 in earnings, a young realtor may lose over half a million dollars in the future over their career.

Sometimes there is a vocational assessment of the reduced wages or employment. But these assessments are not based on, nor supported by, the U.S. Census Bureau statistics. An economist, however, can provide a strong statistical basis for the employment and pay impact on earnings capacity and career, and show the jury an evidence-based reduction in loss of future earnings and capacity.

CONCLUSION – A BETTER EDUCATED JURY Assessing the partial loss of earnings capacity due to a disability presents a complex court challenge for plaintiff attorneys and for the juries. Statistics produced by the Census Bureau can establish a solid and credible foundation for estimating those losses. An economist, can provide opinions regarding the partial disability to a reasonable degree of economic certainty. Without such testimony, there is a likelihood of a jury “guessing” which can lead to “unpredictable” jury verdicts, either much higher or much lower than might result through a better-informed jury.

This high variability can undermine the jury system which the Seventh Amendment established. With credible economic testimony based on Census Bureau statistics, the jury system is better supported. There may be more predictable jury verdicts (and, hence more settlements.) We are all well-served by these real number results.

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

Kyle Lauterhahn is a Senior Economic Analyst at Smith Economics Group in Chicago. Smith Economics Group, Ltd., is located at 1165 N. Clark Street, Suite 600, Chicago, IL, 60610. Dr. Smith may be reached at 312-943-1551, and at Stan@SmithEconomics.com.

In the instance of a child injury this data is particularly useful. While a child would not have yet established any career path, the impact of disability on an injured child can be also shown based on statistical reductions. If a child has been injured resulting in a mild traumatic brain injury and has difficulty concentrating, that child may yet graduate college, with very significant effort. But difficulty concentrating will impair career prospects and earnings; such disabled people earn only 43 percent of the average, non-injured population. This 57 percent impact can be applied to future earnings of the injured child. While the present value of a healthy child’s

Vegas Legal Magazine Summer 2017 | Pg. 27

MEET THE

INCUMBENT

– Judge Douglas E. Smith

MEET THE INCUMBENT

In this edition of Meet The Incumbent, we interview Judge Douglas E. Smith of the Eighth Juducial District Court. Hard work and dedication are words many use to describe themselves, but when describing Judge Smith, words can’t begin to paint his portrait. Judge Smith is a self-supported man who often worked multiple jobs as he carried himself through his studies and into a career in law. He began his career with the Clark County Public Defender in 1983, but soon thereafter made a switch over to the Clark County District Attorney’s office. With a plethora of trial experience as an attorney, he now sits on the bench for the District Court.

An embodiment of hard work and justice, Judge Smith has a passion for making change and upholding the constitution.

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

Judge Doug Smith (DS): I was a Clark County Public Defender for about three years before transferring to Clark County District Attorney’s office and prosecuted criminals for about seven years.

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

DS: I prosecuted our sitting Clark County constable. The FBI had been working this case for a number of years then brought it to Rex Bell our District Attorney. It would have been easy to walk away from the case as the FBI had been working it for so long. We could have blamed the FBI for not completing the case. But, we decided it was too important for the citizens of Clark County to just ignore the crimes. And we were successful.

VLM: What made you decide to run for judge?

DS: People were complaining about a sitting judge. I decided if I was complaining, I must do something about it and jumped in the political process and ran for office.

VLM: What does being a judge mean to you?

DS: One can make more money as an attorney than working for the State.

I felt and feel that good people can make a difference if they become involved. I feel it is important to the citizens of Clark County to try to make their lives more protected.

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

DS: My favorite things about being a judge is serving and helping others.

My least favorite is handling any case that involves a child as a victim.

[Children] don’t deserve ill treatment.

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

DS: All murder cases are extremely important to help families find closure to their grieving. As a lower court judge, I was the chief judge with Justice Court who managed the O.J. Simpson case.

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

DS: Most criminal cases conflict with my personal beliefs. But if the State does not have enough evidence to convict a person for the crime, I will dismiss the case. Not that I support the crime, but I support the Constitution and must follow the law.

VLM: Describe a court situation that tested the limits of your patience.

How did you respond? In hindsight, is there anything you would have done differently?

DS: When prisoners are brought into court, they are chained together, you know they are angry. Through seeing thousands of defendants come into court, you can tell if an individual is going to become disruptive.

We had a day where I knew we were going to have problems with such a person. In the middle of handling another man’s case, he blurted out expletives directed at me. I stopped what I was doing and directed my attention at him. I explained that if I was distracted by his outburst, I may unconsciously put someone in jail unnecessarily. So it would be his fault. I told him I would treat him with as much respect as he showed me. I then had him removed from the courtroom and reset his date for a week later.

I received a letter of apology during the pending week. He returned and was a gentleman.

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

DS: My biggest pet peeve is attorneys who don’t show up for court or show up unprepared. The court always announces a return date, time, and purpose for the next court date. Some attorneys don’t even write the court information down.

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

DS: Be polite. As a defendant, you are talking to the authority that may have your life in their hands. Be proper and truthful. The judge always reads reports and motions to be ready to hear arguments.

VLM: What is your passion outside of law?

DS: My passion outside court is my family. My wife of 31 years who is a Las Vegas native, and my three sons and two daughters-in-law.

VLM: What do you love most about Vegas?

DS: I love the variety of issues that I have to be prepared to rule on and the citizens of Clark County who look to their judges as a guardian of a part of their lives in Las Vegas.

Vegas Legal Magazine Summer 2017 | Pg. 29

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Choosing The Right

Expert Witness – By Theodore Parker, III, Esq. One of the best experts I’ve ever selected happens to be one of my mentors. More on that in a moment.

First, it’s imperative to say that not all cases require experts. In fact, sometimes they are a detriment. Quite often the facts of a case are simple and easy to understand and an expert’s opinion is not needed or justified.

Retaining an expert is practically a part of all young insurance defense attorneys’ “how to” manual or outline. Experts are retained to consult and educate counsel and offer opinions that lay witnesses couldn’t otherwise give. I learned early on that many jurors do not embrace experts. To the contrary, many jurors feel that experts are paid guns used as leverage or ammunition by a financially stronger litigant. Jurors have become more aware that in an auto accident trial, the defendant is being defended by an attorney retained by an insurance company. Many jurors feel that the insurance company can afford the expert and the expert will say whatever the insurance company pays him or her to say. Consequently, many jurors are not persuaded by an expert who wasn’t at the scene of the accident and therefore has no personal knowledge of the facts giving rise to the collision and/or alleged injuries.

In non-auto related cases, jurors are equally skeptical of experts. An expert should only be retained after considerable thought is given to the advantages and disadvantages of such retention. Will the expert assist the trier of fact as required by NRS 50.245? If the expert will assist the trier of fact, the next step focuses on selecting the right expert. I have had very qualified experts do well and not so well. Each case is different.

You must consider the particular facts of the case when choosing the expert.

In a non-auto case tried over several months, I had the pleasure of working with an outstanding first or second time expert. This gentleman was professional in demeanor and enthusiastic about the science. He was inexperienced in handling cross examination but his undeniable honesty made up for it. In fact, years after the case was resolved, the trial judge commented on how well my expert performed. The trial judge, a former accomplished trial lawyer, was not only impressed with the expert’s credentials but also with his understanding of the case and connection with the jurors. I wouldn’t mention the Judge’s comments if I didn’t value highly the opinions of Judge Williams as a Judge and former trial lawyer.

While the above experience was good, it isn’t the focus of this article. I helped educate and train the expert in the case just referenced. The next expert I would like to discuss not only assisted the trier of fact but also me. I retained J. Mitchell (“Mitch”) Cobeaga, Esq., as my expert in a bad faith insurance case. Mitch was one of my mentors at Beckley Singleton.

He trained many of the better trial lawyers practicing in Southern Nevada. He defended insurance companies and their insureds for over 35 years. I knew that he would not only be knowledgeable with regards to coverage but I also knew that he could explain coverage to a jury.

The particulars of insurance coverage is exciting only to a few people.

Empaneling a jury interested enough to listen and smart enough to understand would be challenging. I didn’t need a professional type. I needed an expert who would make listening and understanding insurance coverage, policies and claims language interesting or at least tolerable. I knew Mitch was perfect for my case.

Opposing counsel tried to preclude Mitch. When unsuccessful, opposing counsel tried to limit Mitch’s testimony. Because of his credentials and with his understanding of the case, Mitch was qualified to testify. Mitch with his easy-going approach entertained the jury.

Between and among anecdotes and stories, the jurors learned the case and insurance coverage. In fact, when some of my questions seemed to esoteric, he rephrased the questions in his response. He assisted me and the jury simultaneously. The result was better than my client ever expected. Mitch’s contribution to the case was invaluable. I only take credit for selecting him as the expert.

Again, not every case requires an expert. When you have decided that the law and/or facts require an expert (i.e. medical malpractice case) be thoughtful in selecting the appropriate expert. If your theory can’t be articulated through the personal knowledge of lay witnesses, then an expert’s assistance is likely necessary. After you have determined the type of expert needed and have chosen the level of credentials suited for the case, then you must next consider the personality of the experts. Your expert’s ability to relate your theme of the case to the jury is extremely important in convincing a jury that your expert’s telling the truth and not what he/she was paid to say.

Theodore “Teddy” Parker is a founding partner of Parker & Nelson Assoc. in Las Vegas, Nev., where he specializes in administrative law, banking law, business litigation, corporate law and structuring, construction contract and defect, employment and labor law, insurance defense, municipal law, medical malpractice, personal injury, premises liability, products liability, real estate law, and regulatory compliance. Learn more about him and his practice’s work at http://www.pnalaw. net.

Vegas Legal Magazine Summer 2017 | Pg. 31

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WHY CAN’T THEY JUST COME HERE LEGALLY? –By Eva Garcia-Mendoza, Esq. & Tyler Morgan, Esq.

Donald Trump brought the subject of “illegal” immigration front and

center during his campaign and it has remained there since he took office. Trump repeatedly stated that a wall will be built on the United States’ southern border and Mexico will pay for it. In the current national dialogue, it’s often heard, “My ancestors came here legally, they [the current immigrants] should do the same.” However, in most cases this statement is entirely inaccurate for the reasons set forth below.

U.S. Immigration History From the inception of our nation until the late 1800s, the United States had an open door to immigrants with some regulations imposed only by individual states. In other words, people were able to enter and remain here without filing any formal paperwork. It wasn’t until the gold rush of the mid 1800s, and the influx of Asian immigrants, that Americans developed negative sentiment towards immigrants. This negative sentiment continued through history and arguably still remains strong today. The U.S. has a long history of tightening immigration laws and a brief summary of the many immigration acts imposed by the government only shows the historical significance of this anti-immigration sentiment on our federal government.

By 1882, The Chinese Exclusion Act was enacted providing for the exclusion of persons from China. It should be noted, only thirteen years prior to this act, the nation’s first Transcontinental Railway was completed with enormous contributions from then Asian worker-immigrants now facing exclusion. This exclusion of Chinese people continued through further acts by the federal government until Dec 17, 1943, when Congress repealed all exclusion acts leaving a quota system in its place.

Following the Chinese Exclusion act came another measure on immigration in the same year– The Immigration Act of 1882. This was the first general federal immigration law and included a head tax of $0.50 and forbid convicts, lunatics, idiots and persons unable to care for themselves without becoming a public charge from entering the United States.

When Congress felt it necessary to pass responsibility onto the federal government to enforce immigration policy, the Immigration Act of 1891 was passed and established the Bureau of Immigration. This act further restricted immigration and provided for medical and general inspection, and excluded people who had contagious diseases from entering the United States. Also excluded were persons who had previously committed crimes involving moral turpitude, and who were either paupers or polygamists.

By 1903, in response to President William McKinley’s assassination, federal law was changed to exclude from the United States epileptics, insane persons, professional beggars, and anarchists. Shortly thereafter, in 1907, the federal government established additional grounds of exclusion including: feeble-minded persons, unaccompanied children, persons with

Vegas Legal Magazine Summer 2017 | Pg. 36

tuberculosis, and persons with a physical or mental defect that might affect their ability to earn a living. Also added was a deportation ground for persons who engaged in prostitution within four years of entering the United States.

Following WWI, a Quota Act was enacted in 1921 in response to post war fears that southern and eastern Europeans would inundate the United States. The federal government sharply reduced immigration to 350,000 admissions per year and immigration from southern and eastern Europe was especially hard hit, as the law intended. The annual quota for these regions was 155,000 admissions, far below the previous annual average of 783,000.

The quota tightened in 1924 by further reducing the number of southern and eastern European immigrants allowed to enter the United States annually to below 25,000. Through these quotas set forth in the early 1920s, “restrictionists” had effectively won their battle to close America’s gates.

Fast forward to 1952, Nevada’s U.S. Senator Pat McCarran co-sponsored the McCarran - Walter Act which established the basic structure of current U.S. immigration law. Opponents of this Act expressed concern that the restrictive quota system heavily favored immigration from Northern and Western Europe and therefore created resentment against the United States in other parts of the world. Opponents also felt the law created the sense that Americans thought people from Eastern Europe were less desirable and those from Asia were just plainly inferior to those of European descent. However, the group led by Senator McCarran expressed concerns that the United States could face communist infiltration through immigration and that unassimilated aliens could threaten the foundations of American life. Those in Senator McCarran’s camp argued that limited and selective immigration was the best way to ensure the preservation of

IMMIGRATION national security and national interests. Economic factors were secondary to America’s Cold War concerns in the debate over immigration. The Act gave 85% of the 154,277 visas available annually to persons of Northern and Western European lineage. Before the passage of this law, residents of only three countries--Ireland, Germany and England were entitled to nearly 70% of the visas available to enter the United States.

Countries in the Western Hemisphere were not included in the quota system. Thus, persons from North, Central, and South America were exempt from the quotas and were allowed to enter unimpeded unless they were disqualified due to health, economic or criminal grounds. These quotas were eventually adjusted by the Immigration and Nationality Act of 1965, but by 1978, Congress eliminated the hemispheric quotas system and established a worldwide quota of 270,000 visas per year.

Between 1965 and 2000, 4.3 million immigrants to the United States came from Mexico. Today, immigration to the United States is dominated by people born in Asia and Latin America with immigrants from all of Europe accounting for only 10% of recent arrivals.

The Reality of “Get In Line and Enter Legally” If it were only so simple. You often hear people say something in line with, “my ancestors came here legally and became citizens so why can’t the ones today do the same?” Or, you may hear the famous, “get in the back of the line if you want to enter.” Well, simply put, there is no line. In fact, with the quotas now in place for immigrants trying to enter the country, most have to remain undocumented for years, even decades, before they can officially become legally documented citizens. Point is, when our ancestors were arrived, they were neither legal nor illegal immigrants– they were just immigrants. They came in the same way and for the same reason current immigrants do: by crossing a border and seeking a better life for themselves and their family.

The references to “illegal” or “undocumented” solely refer to that fact that the immigrants do not have federal identification for their status in the country. That does not necessarily mean the federal government does not know they have entered the border. In fact, states and the federal government have been collecting taxes on them for years. According to the Institute on Taxation & Economic Policy, “illegal” immigrants contribute billions of dollars in state and local taxes each year. And as far as social security is concerned, illegal immigrants and their employers contribute to roughly $12 billion in social security taxes each year based on estimates from the Social Security Administration. Most important to note is that when many of these immigrants pay for social security, they do so knowing they may never get the benefit of drawing from the system because of their status.

So, when it comes to immigration and building walls to keep everyone out, just consider what is being shut out–hard working families, like those who built our railroads and agriculture industry, who often pay taxes (billions) and come to this great country in search of a better and peaceful life.

Eva Garcia Mendoza began her legal work in 1975 as the first official court interpreter in the State of Nevada. She graduated from the University of San Diego and has practiced law for more than 35 years. She founded the Nevada Chapter of the American Immigration Lawyers Association (AILA) in the late 1980s and has served as its Chapter Chair on two occasions. She also practices in the field of general litigation and personal injury law.

ADVOCATES ARENA

Your Gun Or Your Medicine – By Tisha R. Black, Esq. & Shannon M. Wilson, Esq.

The Federal Gun Control Act (18 U.S.C. 921 et. seq.) effectively

criminalizes the possession of a firearm or ammunition by the holder of a state issued medical marijuana patient card. Moreover, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), who has long enforced its ban on firearm and ammunition sales to anyone who uses marijuana, has released a revised version of Form 4473, the application which is used to assess eligibility for firearm ownership under the Gun Control Act. Form 4473 has been revised to include a statement that warns prospective firearm purchasers: “Warning: the use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” Accordingly, unless you want to lie on Form 4473 and face a felony for doing so, you cannot purchase a firearm in the United States of America if you are a lawful marijuana user or a holder of a state issued medical marijuana patient card.

When tested, as to whether ATF’s position that a marijuana patient who is properly licensed under a state statutory structure cannot own a firearm or ammunition violates a card holder’s Second Amendment right to bear arms, the 9th Circuit in a unanimous decision, Wilson v. Lynch, 835 F.3d 1083 (9th Cir. 2016), held that the Gun Control Act preventing such ownership does not violate the Second Amendment. The Court reasoned that the government has a substantial interest in protecting the public and preventing firearm violence, as well as the existence of empirical data and

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legislative determinations that support a strong link between drug use and violence. Id. at 1093-95.

Wilson v. Lynch is the seminal case on this issue and it raises the question: Is the federal government unfairly denying medical marijuana patients their right to bear arms?

ARGUMENT IN FAVOR OF RESTRICTION OF MARIJUANA USERS’ SECOND AMENDMENT RIGHTS: Marijuana users, regardless of the reason, are purposefully intending to experience impaired mental states that can lead to irrational or unpredictable behavior. Marijuana is a drug. The incidence of violent crimes increases with drug use.1 A recent study suggests that, compared to those who have never used marijuana, continued use of marijuana is associated with increased violent behavior.2 Therefore, it is logical and proven that if you use marijuana and own a firearm, the likelihood of you committing a violent crime increases and by prohibiting firearm ownership and thereby restricting Second Amendment rights for this class of consumers, the government is doing its job, protecting its citizens.

Moreover, the government has a duty to protect public interests, the most important of which is public safety, and as such the government is infused with the power and authority to create laws and regulatory bodies to ensure protection of its citizenry. Regardless of its lawfulness at the state level or

GUNS & MARIJUANA

the reason for its use, marijuana use and firearms go hand in hand with increased violent crime.

ARGUMENT OPPOSING RESTRICTION OF MARIJUANA USERS’ SECOND AMENDMENT RIGHTS: Affixing a criminal statistic on the link between violence and all marijuana users to lawful, responsible medical marijuana users is irrelevant. First, no known studies demonstrate a strong link between medical marijuana patients specifically and marijuana consumption. Rather, studies on the link between violence and marijuana lump all marijuana users in one class and do not distinguish between medical marijuana patients, on the one hand, and individuals who consume marijuana obtained from black market sources (who often resort to violence), on the other hand. Relatedly, medical marijuana patients purchase marijuana from legal sources operating under robust and effective state regulatory and enforcement systems. Second, the findings on the link between violence and marijuana use are mixed and more peer review and research is necessary. In fact, some studies show that states that have legalized marijuana have reported a drop in violent crime after legalization.

Colorado’s violent crime rate declined by 6% from 2009 to 2014,3 and Washington’s violent crime rate declined by 10% between 2011 and 2014.4 The prohibition on the sale of firearms and ammunition effectively disarms medical marijuana patients yet alcohol abusers and individuals who lawfully consume opioids and other classes of intoxicants are not subject to the same prohibitions. For instance, the Gun Control Act does not bar lawful opiate users from purchasing firearms and ammunition notwithstanding the strong link between opiate use and violence.5 In light of this the federal government has effectively singled out all marijuana users.

Finally, why should you be denied your right to protect yourself, hunt or use a firearm for recreational purposes, solely because your choice of medication is marijuana? Instead of singling out a class of individuals, individual accountability should be promoted. Responsible patients that use marijuana as a treatment for their ailments or disease should be afforded the same rights as other patients using controlled substances.

1. Office of Applied Studies, Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health: Illicit Drug Use Among Persons Arrested for Serious Crimes (2005).

2. T. Schoeler et al., Continuity of cannabis use and violent offending over the life course, 46 Psychological Medicine 1663–1677, 1663-1677 (2016).

3. Colorado Department of Public Safety, Marijuana Legalization in Colorado: Early Findings, (March of 2016), https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt. pdf.

4. Washington Association of Sheriffs & Police Chiefs, Crime in Washington 2011 Annual Report, http://www.waspc.org/assets/CJIS/2011_ciw.pdf; Washington Association of Sheriffs & Police Chiefs, Crime in Washington 2014 Annual Report, http://www.waspc.org/assets/CJIS/ ciw%202014%20small.pdf.

5. Former Attorney General Loretta Lynch told Congress that opioid use is linked to “[u]pticks in violence as well as violent crime using guns.” Susan Jones, AG Lynch: Opioid Drug Abuse ‘Behind Upticks in Violence As Well As Violent Crime Using Guns’, CNS News (March 9, 2016), http://www.cnsnews.com/news/article/susan-jones/ag-lynch-opioid-drug-abuse-behindupticks-violence-well-violent-crime-using.

In sum, Nevada passed a constitutional amendment in 2000 allowing the medicinal use of marijuana and is one of 29 states that provides for some use of marijuana. Yet, according to federal laws and regulations, individuals’ Second Amendment rights are effectively eviscerated based solely on the remedy they select to treat their health problems.

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COVER STORY

CAROLYN GOODMAN LOOKING FOR A TRIFECTA —By Valerie Miller

On a recent morning, Las Vegas Mayor Carolyn Goodman sits behind her desk on the top floor of Las Vegas City Hall, with a picturesque view of downtown’s revitalization behind her. Greeting a reporter, the mayor takes pride in the development outside her windows. “I wanted to continue Oscar’s vision,” she says about her immediate predecessor --- and husband – former Las Vegas Mayor Oscar Goodman.

Carolyn Goodman has certainly accomplished that, and much more.

Now six years after taking office, and halfway through her second term, Mayor Carolyn Goodman tells Vegas Legal Magazine that she is “without question” running for a third term as mayor in 2019.

Downtown Las Vegas revitalization has become a passion of both Oscar and Carolyn Goodman. Carolyn takes a lot of pride in downtown’s new growth during her tenure. “We have seen a huge surge of improvement and growth in the hotel industry downtown, with the Boyd (Gaming) group putting $30 (million) to $40 million into renovation for the California (hotel-casino). The Plaza (hotelcasino) is coming online. The D (hotel-casino) is (now opened) there and, of course, (D owner Derek Stevens) just bought the Las Vegas Club,” she points out. “We have these high rises, and we are getting a lot of marketing on those, where people are coming into live.”

The mayor is especially proud of what is happening in downtown Las Vegas, which was always a central focus of her husband’s during his 12 years in office. The mayor turns to look out her office windows, and points to the development that started out as “Oscar’s vision,” but has now become their shared vision, as well.

Oscar Goodman’s plans for downtown slowed during his last term as mayor, when the recession hit, starting in late 2007, his wife of 55 years explains. A few projects managed to stay on track during the economic downturn: Downtown’s Smith Center for the Performing Arts, and the Cleveland Clinic Lou Ruvo Center for Brain Health, both opened in Symphony Park shortly before Oscar Goodman left office.

“In fact, the only reason why I ran for office was because 17 people filed to become mayor,” she recalls, as she admires the view of new development. “And, my family came to me and said, ‘Mom, you have to continue on with Dad’s dreams and visions.’ At that time, everything you are seeing here in the mayor’s office -- outside the windows -- they weren’t here.”

“There’s still more to accomplish for the city,” she says. Carolyn Goodman sees her five decades in the community as an asset, in that she has seen just how far Las Vegas has come. “I love this town … So many people come in to buy land, or think about opening a business,” the mayor says. “Or (they may be) coming here to look (for a place) to live, or book a convention, and they need to know a little

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CAROLYN GOODMAN history. I have been here, goodness, 50-plus years. It is going to be 53 years come August. We have seen the town grow from 100,000 to 2.2 million (people). “ Mayor Carolyn Goodman has seen the small-town Vegas of old bloom into “an entertainment and gaming mecca,” complete with an internationally recognized Las Vegas Convention Center. She points to the some 43 million tourists coming in a year. Those visitors need to know who they can call in a strange city, she explains. And Mayor Carolyn Goodman wants to remain that point person for the next six years.

“If you travel internationally, and you don’t know who to contact, you always call up the mayor of the city,” she says.

“She’s Her Own Person” Carolyn Goodman, however, didn’t initially want to fill the mayoral big shoes of her husband Oscar. The first Mayor Goodman was a great showman and hugely popular. Oscar Goodman is praised as a “oneman PR machine for Las Vegas” by Alan Stock, who is a local radio talk show host and political analyst. But Stock sees Carolyn Goodman as “more of a traditional mayor, and more low-key,” he adds.

Stocks contends that a lot of people thought they would see the fourth term of Oscar Goodman when his wife was elected mayor, but she has governed with her own style. “It wasn’t ‘Oscar four,’” Stock opines.

“It was ‘Carolyn one,’ and then ‘Carolyn two.’ And if she’s elected to a third term, it will be “Carolyn three.’”

Carolyn Goodman, like her husband Oscar, is now non-partisan.

She says it’s preferable for mayors while in office. Stock gives credit to Carolyn Goodman for not being a “political mayor,” ala the controversial New York mayor, Democrat Bill de Blasio. “She doesn’t do controversial things,” Stock notes.

Carolyn Goodman has continued Oscar Goodman’s vision for Las Vegas, but she has also remained her “own person,” according to Michael Green, a University of Nevada, Las Vegas history professor.

“She is not Oscar Goodman, and nor should she be,” says Green, who happens to sit on the board of the Mob Museum with Oscar. Before being elected mayor, Oscar Goodman had worked as a well-known defense attorney for clients accused of being involved in organized crime. As mayor, Oscar Goodman had long hoped to open the museum. But the Mob Museum became a reality under the tenure of Carolyn Goodman.

“People forget now that, in 1999, when Oscar Goodman first announced he was running for mayor, a lot of people said ‘the wrong Goodman is running for mayor.’ They actually thought Carolyn should have run,” Green recalls.

Of course in retrospect, most Las Vegans now view Oscar Goodman’s

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12 years as mayor as a success. And in 2011, while Carolyn Goodman started out as a very reluctant candidate for mayor, she did throw herself all into her campaign. Carolyn Goodman’s initial reservations were partially based on her already-full schedule.

“I had no intention of running. I had been involved in education here for over 26 years and founded the Meadows School. That took me 24-7 all the time, plus my family, and I was a happy cat.”

Carolyn Goodman decided to run for the office when she saw the list of candidates hoping to take over for her term-limited husband Oscar. “I didn’t need to rock the boat. And then it became very clear that while they were all well intentioned -- the people that wanted to become mayor -- they would have a vision that was theirs. They didn’t want to carry on the vision of Oscar Goodman.”

At the pleading of her family, Carolyn Goodman threw her hat into the ring to be the next mayor of Las Vegas in 2011. And, as was generally expected, she won. In 2015, Carolyn Goodman won re-election to a second term.

While Las Vegas mayor, Carolyn Goodman would still like to bring a major league, professional sports team to the actual city of Las Vegas.

That was also a dream of her husband while he was in office.

Now, of course, the National Hockey League (NHL) has expanded into the Greater Las Vegas area with the Las Vegas Golden Knights team. Meanwhile, the National Football League’s Oakland Raiders’ owner Mark Davis has since inked a deal to move to the Las Vegas metro area – once a new $1.9 billion stadium is completed in a few years.

“I will continue to pursue Major League Soccer, the MLS, and I am sure we will get an NBA team here within the next decade because I have a very good relationship with Adam Silver, who is the (NBA) Commissioner,” she explains. “I also have a very good relationship with the MLS Commissioner (Don Garber).” Mayor Carolyn Goodman also sees great locations for professional basketball or soccer, within Las Vegas’ city limits.

“I am looking to develop Cashman Complex. It is a 5-acre parcel.

We see a huge potential there for sports. So, that will happen,” she promises. “My only hope is that I live to see it all happen, because I am going into my seventh year next year.“ Looking to the future, the mayor is hoping for re-election to a third term. Those four more years could give her enough time to fulfill those big-league sports dreams, Carolyn anticipates. “So, I only have one more year, or so, on this term. Then I get a chance at one more term after that. “So, I have like five to six years to get it all done.”

Vegas Legal Magazine: What can you share about new projects, and plans, in the works for Las Vegas?

COVER STORY Carolyn Goodman: A new project that the City is piloting is a much-needed one. As mayor, I have been advocating for it well over a year: a free circulating bus shuttle which will move people around easily and comfortably, on a fixed route, in the four-square-mile downtown core. Its purpose is to afford the tourists, residents, and employees, convenient and regular connectivity to businesses, downtown hotels and apartment buildings, (along with) restaurants, shops, galleries, museums, and entertainment venues.

As we work to build a more pedestrian-and-bike-friendly city, the “Downtown LOOP” portends to make a huge difference in achieving this goal. Other cities around the country provide similar free shuttle services in their inner cores, and our hopes are that our businesses will enjoy the increase in visitations that they have seen occur. In its initial plan, the LOOP will operate seven days a week, nine hours a day. (It will) have stops at Bonneville Transit Center, the Arts District, the Las Vegas Premium Outlets, the Plaza Hotel and the Fremont Street Experience (both its west and east entrances). [It will also stops at] the Mob Museum, the Fremont East Entertainment District, and the Pawn Plaza (home of the Pawn Stars). We will be monitoring ridership and the popularity of the shuttle with an eye to the future.

Other projects underway -- but not yet out of the Development and Planning Departments -- are in Symphony Park, in the Cashman Complex, the Medical District, and in the booming northwest. Building proper infrastructure support, and streetscapes, are integral to every one of these projects we are undertaking. Having sufficient garage space and accessible roadway connectivity are other critical facets of preparation to building wisely, safely, well, and successfully.

VLM: What do you see as the biggest challenges facing the City of Las Vegas, now and into the near future?

CG: The challenges of addressing a growing homeless population have been evident for far too long in our community though we are not alone in facing this movement. Cities around the country, and in particular in the more moderate climate areas such as ours, are each facing the impact of homelessness and the residual effects of their residency.

The recent recession with the enormity of the foreclosures in Southern Nevada, of course, added to our homeless population.

But fortunately, as we are seeing an economic rebound, many of those who lost jobs and homes are back on the road to recovery and housing. In the general homeless population, we see persons who have lost jobs and/or are abandoned by families, a population of veterans, individuals who are mentally challenged and ill, addicted individuals, and even humantrafficked persons. Each group and each individual has special needs and problems. So, the challenge is ongoing and, of course, costly to assist with -- and provide for -- all of the wrap-around necessities that each requires.

While the impact the homeless population has on local businesses, homeowners, roadway traffic, our hospitals and care centers (just to mention a few areas) is mindboggling, fortunately, Las Vegas is supported by incredible social service providers and unique charitable organizations. [These services and organizations] donate to help address the multitude of issues this population demands. These not-for-profits have bonded together to provide housing/beds, medical care, sanitation, meals, counseling, job training and placement --just to mention a few services they offer. And, many of these service are afforded in the City’s Corridor of Hope in Ward 5.

The struggle and planning have been going on 24/7 for years, and we will not quit until we have found success for each human being, and addressed his/her need. But the enormity of the undertaking is exhausting. Yet plans are afoot … [and] visits to other cities with successful programs continue, Best Practices are sought out, evaluated and implemented where appropriate, and solutions come slowly.

Addressing mental health issues, and providing funding, for fixes are not just Las Vegas problems. [These] are national problems that federal and state health care must provide. Our [Nevada] Legislature and Governor [Brian Sandoval] can and must help. And, readers need to know we each need to do our own part.

Another challenge that has been with us for so long is the specter of Yucca Mountain, and the nuclear waste being transported through our city. The infrastructure in this country is beyond in dangerous disrepair often rated a “D-“ in national

Vegas Legal Magazine Summer 2017 | Pg. 45

civil-engineering studies. To consider transporting nuclear and radioactive waste along roads, over bridges, into tunnels, or on rail anywhere, and at this time, is appalling. That these highly dangerous materials will be rolling throughout the nation at times unknown, on routes undisclosed and passing through and past population centers challenge even the least caring.

It is time to repurpose, deactivate and research new ways for disposing of this radioactive and nuclear waste. A waste site at Yucca Mountain is more than a Nevada issue, it is of huge national safety concern. Yucca Mountain has always been a flawed proposal for many reasons. As mayor of Las Vegas, like everyone else, safety is my number one priority. This is not a risk I am willing to take for my city or for our country.

VLM: Looking at the wrap up of the current 2017 Nevada legislative session, which (potential) new laws do you think will have the most impact (if any) on the future of Las Vegas?

CG: It is hard to say, but three specific areas are legislatively critical: First, the overhaul and reorganization of the Clark County School District is singularly one of the most important issues that new legislation must address. Those reasons [include] developing a responsively qualified and well-educated Vegas Legal Magazine Summer 2017 | Pg. 46

workforce; and preparing all CCSD children for productive and meaningful lives, for college entrance, and/or for vocational readiness.

Second, another critical legislative area that must be addressed is that of matching Medicaid reimbursement rates to those of neighboring states. These rates directly affect private insurance reimbursement rates, and without an adjustment to a competitive standard, Nevada will never be able to retain and/or attract the finest physicians to our State. Third, [another issue is] property tax adjustments to [put] both a cap and bottom level [limit].

VLM: There has been much news coverage of the battle between some U.S. cities and the Trump Administration over the crack down on “sanctuary cities.” Clark County received a letter from the administration recently, as well.

Can you talk about your efforts to make sure that the City of Las Vegas does not get caught up in this fight?

CG: It is really not a fight for the city, as we have been consistent from the previous administration to the new administration in Washington. The City of Las Vegas has no

COVER STORY ‘sanctuary’ ordinances in place. We are in compliance with ICE regulations and continue to work with federal authorities as required. While Las Vegas is not a Sanctuary City, it is a sensitive and compassionate city. I’m passionate about finding a pathway to citizenship for the multitudes of undocumented individuals who live and work in Las Vegas, and are valued lawabiding, caring, participatory, and good people. That is, it. We comply with federal regulations in the city jail, and we want our representatives to iron out a pathway to citizenship.

VLM: You have said that you plan to run for another term as major. What is still left on your list of things to accomplish while in office?

$10,000, because buildings don’t teach, teachers teach.

Attracting, and retaining, the finest means per-pupil allocation must be raised to meet that mark. Back in the 1990s, when our population was growing so fast we couldn’t keep up, we needed capital projects and new school facilities. What was forgotten was the quality of the education, and providing appropriate per-pupil expenditures. Today we see the results of that poor planning.

Changes are coming to the Clark County School District, but that is a process, and it will take time. While the city is not responsible for, nor empowered to be integrated into CCSD, it is moving forward to fill in the gaps in our children’s CG: You haven’t enough space for me to respond!!!! I want this educations. [That is done through] before-and-after-school city to reach its potential of being WORLD CLASS! For starters: programming. This is being led by our Department of Youth First [on the list is] expanding security and safety measures to a Development and Social Innovation, which is providing point of citizenry full comfort. Second, building out and FULLY supplemental and support programming like Safekey, Batteries staffing the [University of Nevada, Las Vegas] Medical School Included and Strong Start, to name a few. with appropriate, and complementary, adjunct growth. [That includes] the development of research and newly specialized We are Reinventing schools in our urban core, creating hubs medical care. Third, expanding the Cleveland Clinic-Lou that serve as centers for not only a student’s education, but also Ruvo Institute for Brain Health. Fourth, fix the quality of as a point where a family can access services and programs. pre-K - 12 educating for all segments of the population. Fifth, Our Downtown Achieves, and Las Vegas My Brother’s Keeper, enhancing the cultural arts. [That includes a new art museum programs now operate under the ReInvent Schools umbrella. for Symphony Park]. And sixth, bringing in a [Major League Soccer] franchise and the NBA. By giving children a strong start and getting them reading

before kindergarten, we have the chance to improve our high VLM: Your previous career was in education, founding the school graduation rates, and revitalize our communities.

Meadows school. Can you give your opinion on the state of public, and private, education in Southern Nevada? What do We are also teaching students and their families how to be you think could be done to improve the school system? healthy through our Healthy School Healthy Life Program.

This has been a model program which the U.S. Conference of CG: It’s all about the quality of teachers, about the mission/ Mayors recently recognized with an award for its childhood purpose of the program, the academic/curricular programming, obesity prevention efforts. The city was awarded a $150,000 providing for extracurricular activities, and having more grant to expand this program to additional schools and than adequate funding available to meet all of these goals. When continue to improve the health of our residents. we talk about educational funding, now, more than ever, we Miller is an award-winning journalist based in Las Vegas. She can be reached have to ensure that we are putting every dollar into the per- Valerie at valeriemusicmagic@yahoo.com. pupil student allocation. There is no way that $5,500 currently allocated per pupil is near adequate to attain goals of highquality education. At a minimum that number needs to be at Vegas Legal Magazine Summer 2017 | Pg. 47

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Vegas Legal Magazine Summer 2017 | Pg. 49

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State Of The Market Who Benefits Most From Trump’s Tax Reform 2017?

Billionaires | Cash-Rich Multimillionaires | The Upper Middle Class –By Mark Martiak

President Donald Trump released a preliminary draft of his tax reform

plan on Wednesday, April 26h 2017. Many are wondering; will this plan (or a comparable one) disproportionately benefit the wealthiest Americans if it should come to fruition? The document was devoid of details so it is difficult to say how the plan will benefit low-income to middle-income individuals. “We have a once-in-a-generation opportunity to do something really big,” said Gary Cohn, Chief Economic Adviser to Donald Trump.

“This is about growing the economy, creating jobs.”1 THE PLAN So, what’s in Trump’s trickle down tax reform plan? For starters, the plan

would cut the number of current individual income tax brackets from seven to three (making the brackets 10 percent, 25 percent and 35 percent) and it would slash American corporate tax rates from 35 percent to 15 percent.

CORPORATIONS Trump’s plan to cut the corporate tax rate by more than half disproportionately favors the wealthy because corporate profits flow to the owners of corporate stocks, who tend to be rich.2 More than 92.8 percent of households earning at least $250,000 a year own at least $10,000 in stock, according to research from New York University economist Edward

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STATE OF THE MARKET N. Wolff. By contrast, he notes just 19.1 percent of households that earn $25,000 to $49,999 own $10,000 in stocks. Households in the top 1 percent receive an average of 36 percent of their income from capital gains (stocks, bonds and other financial investments), according to the Congressional Budget Office. However, Americans earning the lowest 20 percent of income receive an average of about 5 percent of their earnings this way.

BUSINESSES AND FINANCIAL INSTITUTIONS The 15 percent corporate tax rate would also apply to “passthrough” corporations. Some pass-through corporations are small businesses. Others are: hedge funds, law firms, or other vehicles for wealthy people to collect specialty income such as book royalties. Passthroughs are businesses set up as sole proprietorships, S corporations and partnerships (e.g., LLCs, LLPs, etc.). Pass-throughs are not taxed under the corporate code. Instead, their profits flow to the owners, partners and shareholders, who then report and pay tax on them through their individual tax returns.3 Business owners are poised to greatly benefit, especially the wealthiest amongst them. According to his plan, Trump is calling for a reduction in the business tax rate on pass-through entities to 15 percent from 39.6 percent.

Moreover, Trump would also repeal the 3.8 percent tax on stocks, bonds and real estate investments, which is considered an add-on tax that Obamacare imposed on individuals making at least $200,000 per year.

THE ESTATE TAX Trump’s plan also repeals the estate tax, which only benefits the very wealthy. It taxes the estate of a deceased person, but only if the estate is worth more than $5.49 million ($10.98 million for married couples).

Heirs and heiresses pay an average rate of 16.6 percent on these inheritances, according to the Center on Budget and Policy Priorities, generating about $275 billion for the government over 10 years.4 TAX ON WEALTHY INDIVIDUALS The Alternative Minimum Tax (AMT) would also be eliminated if the plan is passed, which would generally benefit financially comfortable individuals. The AMT impacts roughly 5 million tax filers in the U.S., according to the Brookings Institution. The AMT was initially intended for very wealthy Americans. Since the AMT wasn’t indexed for inflation until 2013, the number of people who fall under the AMT umbrella has increased significantly since the 1970s and includes “30 percent of households with cash income between $200,000 and $500,000,” according to figures from the Urban-Brookings Tax Policy Center cited by Bloomberg. In total, it applied to 3 percent of all taxpayers in 2005, according to data from the IRS. Trump’s tax reform plan would reduce the number of tax brackets from seven to three, reducing the top rate from 39.6 percent to 35 percent.

However, there was no mention of the income level ranges that would apply to the new brackets. The plan also would be expected to protect deductions for mortgage interest, which benefits homeowners. Moreover, the standard deduction could potentially be doubled.

THE NUMBERS So, who benefits the most? According to the TPC, of the $6.2 trillion in cuts over the next ten years, the wealthiest 1 percent would reap 47 percent of those cuts, or nearly $3 trillion over ten years. The middle class (the wealthiest 20 - 80 percent of the population) would receive only 20 percent of tax cuts:

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This chart depicts the middle class, on average, would gain an average of approximately $1,500 to spend each year if the proposed President’s plan is accepted. However, the wealthier quintile would gain an additional $16,660.

Although the dollar savings are correspondingly larger because this quintile earns more money, it is significant to note the percentage column, which confirms the plan’s regressivity, meaning it disproportionately benefits the richest taxpayers on a percentage -- rather than absolute dollar -- basis.5 Trump’s advisers claimed that economic growth of 3 percent would pay for the trillions of dollars in proposed tax cuts. The administration did not offer a legislative timeline for its tax agenda. The Tax Policy Center estimated in November that Trump’s 15 percent proposal for corporations and pass-throughs, coupled with a repeal of the corporate Alternative Minimum Tax, could reduce revenue by nearly $4 trillion in the first decade which is close to $400 billion a year and more than the $304 billion the government spent last year on income security programs such as food stamps, unemployment benefits and child nutrition.6 However, this is another topic well deserving of its own attention. Stay tuned as the Trump Administration pushes its agenda on tax and healthcare reform. On Tuesday, May 30, 2017, President Trump called on the Senate to do away with its legislative filibuster, a move Trump said would enable the body to pass two pieces of legislation to avoid the 60-vote threshold.

Mark Martiak is a New York based Investment Advisor for Premier Wealth Advisors LLC. Mark is a regular Contributor for VEGAS LEGAL MAGAZINE who has appeared on CNBC’s CLOSING BELL, YAHOO! FINANCE MIDDAY MARKET MOVERS, FOX BUSINESS NETWORK and has been quoted in THE WALL STREET JOURNAL. Securities offered through: First Allied Securities, Inc. A Registered Broker/Dealer. Member: FINRA /SIPC. Advisory Services offered through: Premier Wealth Advisors, LLC. (PWA) & First Allied Advisory Services, Inc. (FAAS). Both Registered Investment Advisers. PWA is not affiliated with First Allied Securities, Inc or FAAS. 1. TheGuardian.com, “Trump under fire over ‘huge tax cut for the rich’”, https://www.theguardian. com/us-news/2017/apr/26/trump-tax-cuts-proposal-deductions-brackets?CMP=share_btn_ link (4/26/2017) 2. Huffingtonpost.com, “Trump’s Tax Proposal Would Be Ridiculously Good For Rich People” h t t p : / / w w w. h u f f i n g t o n p o s t . c o m / e n t r y / t r u m p - t a x - p l a n - r i c h - p e o p l e _ us_5900ef4be4b0af6d718afb4e (4/26/2017) 3. CNN.com, “The two biggest ways the Trump family could benefit from his tax plan”, http:// money.cnn.com/2017/04/28/news/economy/trump-tax-plan-trump-benefit/ (4/28/2017) 4. Huffingtonpost.com, “Trump’s Tax Proposal Would Be Ridiculously Good For Rich People” http://www.huffingtonpost.com/entry/trump-tax-plan-rich-people_ us_5900ef4be4b0af6d718afb4e (4/26/2017) 5. Forbes.com, “Trump’s ‘Massive’ Middle-Class Tax Cuts Are Tiny Compared To Those Promised To The Rich” https://www.forbes.com/sites/anthonynitti/2017/03/01/presidenttrump-promises-massive-middle-class-tax-cuts-but-will-he-deliver/#1e1d2df66b9e (3/1/2017) 6. CNN.com, “Trump aides try to steer tax reform on Capitol Hill” http://money.cnn.com/2017/05/15/news/economy/mnuchin-cohn-republican-capitol-hillmeeting/(5/15/2017)

U.S. Government Tax & Federal Budget Update – By Donovan Thiessen, CPA

In April, the White House released a one page sheet subtitled

“The Biggest Individual and Business Tax Cut in American History.” It briefly describes the goals of the 2017 tax reform that Trump promised to deliver in his presidential campaign. Within thirty days of this announcement, the White House released an ambitious 2018 budget proposal for the U.S. Government subtitled “A New Foundation for American Greatness.” Looking closer at the tax reform proposal and the detail of the proposed budget, there are many questions as to how this administration will be able to achieve the promises it is making. By the end of this article you will have a better idea of the tax and budget overhauls that are currently making headlines and some challenges in making them work concurrently.

Per the White House’s brief release on Tax Reform, the goals are to “grow the economy and create millions of jobs,” simplify the tax code, provide tax relief to the middle class and decrease the business tax rate significantly. This will be achieved by: 1. Repealing the 3.8% Net Investment Income Tax that was initiated with the Affordable Care Act AKA “Obamacare.”

2. Reducing the number of individual income tax brackets from 7 to 3, 10%, 25% and 35%.

3. Doubling the standard deductions, eliminating unspecified deductions, the estate tax and the alternative minimum tax AKA “AMT.”

4. Reduce the business tax rate to 15%, which is also applied to passthrough entities (S-Corporations and LLCs) and sole proprietors.

An ordinary budget begins with projected revenues, subtracts expenses and ends with a shortage or surplus. Our government has had annual deficits since 2002, with deficits peaking over $1.4 trillion in 2009. The last four years have had annual deficits ranging from $400 to $700 billion. These shortfalls are funded by debt that is assumed to eventually be paid for by our children.

President Trump’s budget aims to create massive economic growth that results in a balanced budget by reforming namely Health Care, Taxes, Immigration, Reduced Federal Spending, Rollback of Regulations, Energy Development, Welfare and Education.

Looking at the numbers, the current annual budget deficit of ~ $600 billion will be gradually reduced to 0 by 2027 mostly from higher tax revenues. Although general outlays increase over this same period, tax revenues increase at a greater rate to cut the annual deficits. However, the increased tax revenues become mysterious when you turn around and look at the proposed tax reforms.

A reasonable person would expect that lowering the top tax rates, eliminating tax breaks, the estate tax and AMT for the purpose of providing tax relief for American families will result in lower tax revenues. Lower tax revenues generally means higher deficits.

As noted earlier, the goal of the tax reform is to create millions of jobs and grow the economy. The mystery however: revenues from

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TAX & FEDERAL BUDGET estate and gift taxes, business taxes, individual income taxes are all projected to increase over the next ten years. Individual income taxes almost double from $1.6 to $3 trillion annually during this time span. How is this possible if the top tax rate for individuals is going from 39.6% to 35%, and a bevy of deductions will disappear?

Business taxes are projected to increase from $324 to $497 billion annually. However, the top rate will be going from 35% to 15%?

Estate tax revenue increases from $23 to $43 billion. How is that possible if the estate tax is on the chopping block? Is it actually on the chopping block? Social Security and Medicare payroll taxes both go up significantly, presumably the result of a massive number of newly created jobs.

My questions do not stem from doubting the administration’s goals. I want a balanced budget and more jobs. I do not want to overspend and pass the bill to our children. The solution seems to lie in a combination of higher taxes and lower spending until we can not only balance the budget but also pay down the $20 trillion national debt. This is the elephant in the room. Approximately $14 trillion of the national debt is held by the public, which requires the government to pay a projected $315 billion in 2018.

As interest rates increase and as deficits continue (they are projected to do so in the budget through 2026), the interest payments increase steadily from $315 to $639 billion in 2027. This is a staggering number that could surpass the entire Defense department budget by that year (Defense is budgeted $722 billion in 2027). We don’t know how the Federal Reserve will increase interest rates over the next few years other than they will be increasing. Trump has stated that tax reform will result in higher tax revenue as a result of an economic boom and more jobs being created, but will it cover the projected expenses to balance the budget?

I encourage you to go to (https://www.whitehouse.gov/omb/ budget) to read this proposed budget in detail. There are twenty pages focusing his vision of America’s future. How we spend our money and allocate funding tells a lot about our values as a nation.

It is particularly telling that we spend over 50% of our discretionary budget on Defense. Included in the discretionary budget is spending for the EPA, NASA, the Department of Education, Labor, Transportation, the Treasury etc. Due to the apparent conflicts in the proposed tax reform and this budget, we are eager to learn more details about the tax plan that are sure to emerge in the coming weeks and months. Stay tuned.

Donovan Thiessen, CPA has worked with Gerety & Associates, CPAs in Las Vegas, NV for 9 years, focusing on trust and estate, and individual and business income taxation. The firm has substantial experience in estate planning and has the ability to handle complex transactions. You may reach Donovan at dthiessen@geretycpa.com and 702.933.2213.

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Retirement Planning: HowTo Get Started.

Retirement is typically one of the top financial goals you’ll be working toward. It may be the furthest out, but any good financial plan starts with calculating how much money you’ll need to live on during your retirement years, putting a strategy in place to get there, and then addressing your shorter term needs.

Many financial professionals believe you’ll need approximately 80 percent of your peak pre-retirement income to maintain your current lifestyle in retirement.

If your peak income is, for simplicity, let’s say $100,000, then you may need $80,000 or more each year. Multiply that annual figure by your expected years in retirement and that’s your target. Given today’s longer life expectancies, you could be nearing the $1.5–$2 million range. Don’t let those numbers scare you. Again, everyone is different. Maybe you’re accustomed to living on $40,000 per year, in which case your goal is roughly $32,000 times your retirement years. That’s a big difference.

Envision the Retirement You Want Another factor in figuring out how much income you will need in retirement is envisioning how you want to spend your retirement years.

Do you want to travel? Own a second home? Leave a legacy to your family, charity or alma mater? Or maybe you just want to live a simple lifestyle with the primary goal being to cover your basic expenses. Now’s your time to think through the world of possibilities, because the sooner you start planning — and saving — the better able you are to reach your retirement money and savings goal.

Time Is Your Friend When Saving for Retirement Setting aside even a small amount of money each month can add up over time. One common and effective strategy is to use traditional retirement vehicles, such as an employee-sponsored 401(k) or Individual Retirement Account (IRA), and set up automatic contributions. While each of these types of retirement accounts has unique rules, all offer tax benefits that can

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add up over the long-term. Even if nearing retirement, it’s not too late. If you are 50 or older, “catch-up contributions” help pre-retirees stash even more money into their 401(k) or IRA than the basic contribution limits each year.

How Should You Allocate Your Money?

How you decide to allocate the money you’ve accumulated — and the goalrelated products you choose — are probably the most critical factors when it comes to creating a retirement plan. As mentioned, there are IRAs for retirement goals, as well as guaranteed lifetime income products, but depending on your life stage you may want to consider other solutions as well. Maybe that means permanent life insurance to help protect your family’s financial security and as an effective estate planning tool.

Diversification Helps Balance Risk Diversification can be summed up in one phrase: Don’t put all of your eggs in one basket. Regardless of what types of retirement product solutions you choose to buy, don’t bet your retirement nest egg on just one. The types of products you select will vary depending on several factors, including your risk tolerance and retirement time horizon. These two factors work hand in hand. The more years you have left until retirement, the higher your risk tolerance may be.

When it’s time to determine the products and financial strategy that’s best for you, you may want to consult with a financial professional who can help you map out a plan. In the meantime, make sure you have a clear vision for your goals so you’ll be better prepared to plan your financial future.

Provided by Kyle Lum a registered representative of and offers securities and investment advisory services through MML Investors Services, LLC. Member SIPC www.SIPC.org 1140 North Town Center Drive, Suite 350, Las Vegas, NV 89144; Office:702-791-0200. MassMutual Financial Group® is a marketing name for Massachusetts Mutual Life Insurance Company (MassMutual) and its affiliated companies and sales representatives. Local sales agencies are not subsidiaries of MassMutual or its affiliated companies.

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Diesel:Separating Facts From Fiction –By Rick Nelson

When some think of a diesel motor in a car, the first thing that comes to

mind is an early 80’s Mercedes 300D, a slow clinking, clattering and black smoke spewing creature of a car, with a dark patch of soot on the rear bumper just above the exhaust.

That was then. This is now. Here are the facts: Noise: Today’s diesel engines have evolved enormously. In fact, diesel engines are nearly indistinguishable from traditional engines.

Technological advancements in the way the engines are built coupled with modern sound suppression materials have allowed for smoother and quieter engines.

Soot and smoke: No more are the days of black smoke blowing into the faces of other drivers behind your diesel vehicle. Due to the new Diesel

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Exhaust Fluid system added to all U.S. passenger vehicles in the past few years as well as advanced Diesel Particulate Filters, soot and smoke are virtually non-existent.

Performance: Diesel engines create 14 percent more energy by volume than their gasoline counterparts. This translates to more road time and less refueling time. Even more, diesel engines produce significantly more torque for better start-line acceleration.

So now that you know the facts, you may want to ask to browse the diesel inventory next time you shop for a vehicle. A great diesel vehicle of choice is the all-new Jaguar XE sedan. With its available Ingenium Diesel 2.0 turbo charged engine, you can go close to 600 miles on a single tank, all while being surrounded by pure luxury. Oh, and mother nature will thank you for your consideration.

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Foundation Room

Photo By Christopher DeVargas

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BAR REVIEW

The Foundation Room – By Deb Dahan \

A little bit rock ‘n’ roll. A whole lot Eastern mystical-sexy. House

of Blues’ Foundation Room is an intimate, private and luxurious VIP drinking and dining club for Vegas’ elite that has the exotic allure of an emperor’s opium den and the carnal edge of a faded rock star’s private Southeast Asian island.

Located in the clouds atop the towers of Mandalay Bay, the Foundation Room offers a vibe and view unlike any other venue in the city.

No time to vacation in Bali? The Foundation Room can take you there if you savor one of its exotic Thai Mules or Good Karma Margaritas and gaze through the blush haze of its lush, sensual lighting at its Balinese-inspired intricately carved wood inlaid ceilings, the rich golds and reds of its tapestried walls and the serene otherworldliness of its Buddha shrines.

Members never miss the beat with exclusive access to pre-sales tickets to House of Blues and other music shows, and rewards including artist meet and greets. Members can also chill out at the casually sophisticated bar lounge available daily from 5pm – closing, or indulge in the elegant champagne menu with price range from affordable to end-of-the-tour blowout.

For rock gods needing more substantive after party sustenance, the dinner menu is a surprisingly robust surf and turf, available Sunday - Thursday: 6:00 pm - 10:00 pm, and Friday & Saturday: 6:00 pm - 11:00 pm.

We don’t expect much realness in Vegas, but we do come to appreciate skillful artifice crafted for our pleasure. The Foundation Room is true to Vegas in that it transports its patrons to another place, but unlike so many of Vegas’ attractions, the Foundation Room does it with much more originality. It doesn’t flex and pout with the bombast or glitz of the Vegas style many jaded locals come to love to hate. With its natural woods, its soft, woven fabrics and its earthy insouciance, the Foundation Room feels like that rarest of things in Vegas, this Cité Nouveau: a place to drink and graze for locals that brings together spirit and flesh in a perfect yin-yang of authentic cool.

Foundation Room Las Vegas Open Daily 5:00PM - 2:00AM 3950 S. Las Vegas Blvd.

Las Vegas, NV 89119 (702) 632-7631

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Bar Review

The Chocolate Lounge For Every Sweet Fantasy – By Sabrina Siracusa

Las Vegas is the place for fantasies to be fulfilled, and now you

can add chocolate desires to the list. Enter The Chocolate Lounge, one of the newest and most exciting restaurants and lounges on the Strip. Part of a family of global, specialty restaurants, The Chocolate Lounge creates drinks and entrees with the understanding that you don’t just nibble or eat chocolate. They understand that chocolate is to be experienced, savored and sometimes, reluctantly shared with great company.

A sophisticated and relaxed extension of the Sugar Factory downstairs, The Chocolate Lounge is a quick elevator ride up, where you will find it wrapped in chocolate colored booths with enough seating for over 200 guests and a fantastic view of the Vegas Strip. With a lighted gazebo atop the Vegas neon, it really is the most perfect spot to fill up on some of the chocolatiest and mostcreative drinks ever thought up in Las Vegas.

With more chocolate cocktails than you can ever hope to drink, The Chocolate Lounge lives up to its name. Come inside and try out the incredible new cocktails in chocolate-dipped glasses from the same team that brought you the Lollipop Passion Goblet.

Favorites include the Frozen Chocolate Bacon S’mores cocktail, White Chocolate Peppermint Martini, Frozen White Chocolate Rock Candy Grasshopper and White Chocolate Foxy Lady.

The Chocolate Lounge also offers a full menu that will impress even the palette of the most sophisticated foodie. If you ask the manager, Brad, for recommendations, he’ll happily tell you of the most popular entrees including the Mac Cheeseburger, Club Sandwich and the Grilled Cheese with a side of savory tomato soup―but you can choose any of the many other yummy, unique entrees.

Not to be missed are the herb seasoned French fries with a side of the secret dip created by the Sugar Factory Executive Chef Mitch Holmes. With over 10 years of culinary experience at an executive level, Chef Holmes has a tradition of impressing even the most jaded eaters. Originally from Rochester, New York, Holmes has climbed the ranks from working at a pizza shop in his teens to Head Chef at Jose Andres’ China Pablano in Las Vegas. Notable Vegas Legal Magazine Summer 2017 | Pg. 68

achievements include opening BarMASA and Shaboo at Aria with Chef Takayama and serving as an Executive Sous Chef at Jaleo. With an award-winning list of restaurants in his portfolio, Holmes will bring unrivaled innovation and creativity as Executive Chef of Sugar Factory. Through his studies at the Pennsylvania Institute of Culinary Arts and professional experience abroad, he has positioned himself to be a reputable chef in the executive field.

If you are in the mood for something sweet other than chocolate, swing by their full daiquiri bar or the Sugar Factory candy store for a tasty souvenir from a countless assortment of goodies. From old-fashioned salt water taffy to their sparkling, celebrity-endorsed couture pops, there is something to satisfy every sweet tooth, for the young or young at heart.

The Chocolate Lounge is also available for corporate parties as well as ongoing special events including the popular “Ladies Nights” every Thursday night for a designer heels giveaway and $5 White Chocolate Cocktails.

The Sugar Factory and the Chocolate Lounge are the ideal spots to people watch, enjoy some outrageous drinks and food and maybe even spot a celebrity! Go ahead and indulge—this is Vegas after all!

Located at the Fashion Show Mall on the Las Vegas Strip 3200 Las Vegas Boulevard Las Vegas, NV 89109 (702) 685-0483 Hours: Open Daily from Noon to 11pm 12pm-9pm all ages, 9pm-closing 21+ only Sabrina S. Siracusa is a Las Vegas-based freelance copywriter. With an undergraduate degree in psychology and an ABA Paralegal Certificate, Siracusa’s specialty is crafting SEO-filled content for legal, medical and career-based websites. She is currently the Publications Specialist at the State Bar of Nevada. Learn more about Siracusa and her work at www.writergirl.biz

The Chcololate Lounge

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GETTING HEALTHY IN

The Great Outdoors –By Andrew Cash, MD

Suffering television reruns, fake news and tangential internet sites

during yet another gorgeous summer? I suggest you get your motor running, head out on the highway…and go hiking!

The great outdoors is more than a 1980s John Candy classic. I recently developed an affinity for hiking during an excursion to Machu Picchu. The intended archeological exploration of a distant and mysterious civilization revealed a primitive desire to coexist with nature. I rediscovered an interest in natural wildlife and picturesque landscapes. I found a new hobby – a refreshing combination of exercise and exploration -- which I think you might enjoy as well.

Hikes vary in length, terrain and difficulty. Hikes with flowing water add another dimension to refreshing enjoyment. I recommend the waterfalls at Ice Box Canyon (Red Rock Canyon) and Mary Jane Falls (Mount Charleston). Gold Strike Trail offers hot Summer baths and crisp Colorado River dipping at its distal extent.

Every turn throughout a hike can reveal something new and even majestic about the lay of the land. Most hikes start at the bottom of a mountain and provide an amazing viewpoint at the summit.

Panoramic vistas of the Las Vegas valley can be adored atop Turtlehead Peak on the west side of town and Sunrise Mountain on the east. Even a leisurely ascent of Lone Mountain offers a bird’s eye view of Summerlin and the Strip. Red Rock Canyon’s prehistoric canvas is better admired without the distraction of modern rushhour traffic.

For the more adventurous, Angels Landing presents breathtaking aerial views of the river and cliffs at Zion Canyon. The deathdefying climb pumps your calves and your adrenal glands. Its apical mesa doubles as a collective picnic table and sunbathers’ retreat. Simultaneously marvel from the 5,790-foot perspective, and in your sense of accomplishment.

Luckily, we are surrounded by amazing destinations which can be savored as day-, weekend- or week-long get-aways. Antelope Canyon resembles a tangible and vibrant three-dimensional tour of a Peter Lik gallery. However, the tour requires pre-registration through a local agency. Plan ahead, and enjoy Lake Powell nearby.

California hosts the extreme climates of Death Valley, the cableclimb of Half Dome in Yosemite, and General Sherman’s Sequoia Vegas Legal Magazine Summer 2017 | Pg. 70

Forest. Utah boasts the Mighty Five: Bryce Canyon, Capitol Reef, Canyonlands, Arches and Zion. The “Granddaddy” of all canyons just a few hours east of us needs no introduction.

A wealth of information circulates online and amongst your friends if you just start poking around. Proper gear, supplies and information are generously offered at local REI stores. Pack appropriately, always carry plenty of water and never hike alone.

Head the warnings of travel advisories and potential flash floods.

Numerous hiking groups routinely navigate the surrounding valleys and canyons, and welcome the interested.

The great outdoors serves as a limitless bonding experience for friends and families. For those already familiar, I wish you had introduced me earlier; for those still evaded, I challenge you to dust-on your couch surfboard and explore one of America’s great pastimes.

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Susan Anton – By Sabrina S. Siracusa

When

actress and singer Susan Anton walks into a room, people don’t just notice her statuesque beauty, although at 5’11” it is hard to miss, but also her radiant smile that comes so easily. At 66 years young, she’s had many successes in her career and personal life and continues to venture into some familiar and less-familiar territory. Very much in the game, she continues to pursue her passions as an entertainer, mentor, businesswoman and maybe even an author, down the road.

Her inspiration to get into show business started at a young age. As the oldest daughter in a family of five children, she watched a lot of TV while serving as family babysitter and fell in love with the Frank Sinatra classic movie, “Young at Heart” as well as musicals in general. It was then that she knew she wanted to be a singer and actress. Little did she know that many years later, she would actually get the chance to sing “Come Rain or Shine,” a song from that Sinatra classic, to her inspiration - Old Blue Eyes himself.

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From her tenure as Miss California, to winning runner up in Miss America, to some well-publicized relationships along with a constant presence in Hollywood, New York City, Las Vegas and Japan, Susan Anton has in many ways led a charmed life, and one full of lessons that have made her who she is today—an enduring Las Vegas icon.

Recently we had the privilege to sit with Susan Anton and find out more about her life, past and present, and her future as she continues to forge ahead with her decades-long career.

Vegas Legal Magazine (VLM): What brought you to Vegas?

Susan Anton (SA): The first time I was ever in Vegas was when I was 15 years old. I was on a tour with a group of 14 &15 year-old teenagers from my hometown in Yucaipa. I was in awe of all the lights (of the Strip) going as far as I could see. From the time I was 21 years old, I have been in and out of Vegas.

VLM: What was your first job in Vegas?

SA: My first Vegas job was in the production show, Turn it On at the Hacienda Hotel, where the Mandalay Bay now sits. I will never forget the first time I saw my name on the marquee. Granted the steak special had bigger lettering than my name, but it was (and still is) one of the most exciting moments in my life!

VLM: What was your quintessential “Vegas moment?”

SA: After my 3 year run at the Hacienda Hotel I returned to Los Angeles where my TV, Film and recording career took off. I returned to Las Vegas a few years later and co-headlined with some of the great Headliners of the day. The first time I saw my name in lights alongside George Burns with thrilling. I worked with everyone from Ben Vereen and Sammy Davis Jr. to Tony Orlando, Paul Anka and Kenny Rogers (who I later toured with for 2 years) and many, many more. I was spending about 40 weeks out of the year in Vegas. Work took me back to Los Angeles and New York, but several years later I returned to Las Vegas with the The Great Radio City Spectacular at the Flamingo Hotel. I had been the headliner on a 72-city tour with the Radio City Rockettes. It was the 60th anniversary of Radio City Music Hall and the first time the Rockettes performed outside of New York City so taking the show on the road was a big deal. When our 72-city tour ended we came to Las Vegas and took up residency at the Flamingo Hotel for the next 7 years. It was at this time my husband, Jeff Lester and I decided to become residents of Las Vegas. The Rockettes are truly a talented group of dancers who work hard. I learned so much from them in our 7 years together and many of the girls decide to stay in Las Vegas and call it home and are still my friends today.

VLM: Who has been the most interesting and fun entertainer you have worked with?

SA: Four people come to mind right away—George Burns, Kenny Rogers, Sammy Davis, Jr. and of course, Frank Sinatra. I was fortunate that these talented entertainers became my friends as well as mentors. I have great memories of sharing the bill with Kenny Rogers and touring on his personal jet when he was at the height of his career, as well as being motivated by Sammy’s great performances and George’s comradery. I also enjoyed working with Dinah Shore. She was a gracious and funny woman.

I remember one of her many dinner parties when I was dating Dudley Moore. I ended up being part of an impromptu singing and playing session with several other guests including Dudley, Jack Lemmon, Roger Miller, Angie Dickenson, Dinah Shore and the one and only Willie Nelson.

VLM: Is there a celebrity that you admire?

SA: Besides being an inspiration to me, Frank [Sinatra] stands out because of the way he made others feel when he was around. He always knew how to take care of the people around him. I remember when I introduced him to my mother, a long-time fan. A group of us were about to take a picture and my mother was standing on the end. Frank suddenly stopped midphoto and turned to my mother and said, “A lady never stands in the end.”

He then had her take the picture while standing next to him. It was that kind of personal touch that made him extra special.

VLM: Since your move to Vegas 20 years ago, is there a favorite project you have worked on?

SA: Besides The [Great] Radio City Spectacular, I enjoy performing at the Smith Center. I think it’s great that Las Vegas has a place where young people can watch live performing arts. My favorite venue at the Smith Center is the Cabaret Jazz. I like the intimacy and the connection you make with the audience when performing. I also enjoy mentoring young performers. I recently spent the day coaching some of Las Vegas’s talented

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SUSAN ANTON

high school students for Nevada High School Music Theater Awards. The winning student will represent our state in New York City this summer for the National competition.

VLM: How do you feel about being labeled an icon?

SA: I feel humbled and appreciated. It is an honor I take seriously. I always think back to my upbringing. My parents worked hard to provide for us.

My dad was a proud Veteran of two wars and served in law enforcement as Detective Wally Anton for over 20 years. Watching my parents live their lives gave me a good education and foundation to live my life with the awareness and the privilege of creating a life that can have an impact on others and your environment.

VLM: Anything you would do differently?

SA: Well, I would have bought more property in Las Vegas! But seriously, I would have taken advantage of the opportunity to stay in New York and work longer with Academy Award winning director Mike Nichols. I met Mike when I was appearing in David Rabe’s Pulitzer Prize winning play Hurlyburly at the Barrymore Theater in New York City. I know I could have learned so much from him. But I was young, homesick and wanted to go back to my friends and family in California.

VLM: What current projects are you working on?

SA: About 20 years ago, my husband Jeff and I started our film productions company here in town [called] Big Picture Studios. We are working on various film projects in Las Vegas and beyond. We are in the early phases of development on a movie about The Women’s Air Force Service Pilots, WASPs. With the success of the movie, Hidden Figures we feel the stories of these brave women need to be told so everyone can recognize the contributions they made to our war efforts in the 1940’s. I also have a performance this August 25 & 26 at Vitellos in Shelia E’s, E-Spot showroom in Valley Village, Los Angeles. I’ll be reuniting with my band of over 35 years. Closer to home, this September, I will be performing at The Summerlin Library’s Performing Art Center.

VLM: Are there any other endeavors you are involved in?

SA: A few years back, I became a minority partner and brand ambassador in a new spirits company, Spa Girl Cocktails. It has been fun watching it take off in popularity. They have won some awards in spirits competition in Northern and Southern California. It’s now available in California, Arizona and at all of Lee’s Liquor locations across Las Vegas.

VLM: Have you considered writing a book?

SA: Yes, it is one of those ideas that keeps knocking at my door. I just need to find the time to organize my memories and put them down on paper.

VLM: Any advice for aspiring entertainers?

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SA: The best advice I can give others is the advice I got from an old acting coach. His advice was to have a clear understanding of what you want—is it fame, money or for the love of it? Have clear motives and be true to that.

And if you love it, it will love you back. Be engaged and bring your passion to it.

VLM: Can you tell us about any organizations you are involved with?

SA: Earlier this year I spoke at the Women with a Purpose Conference in Los Angeles. The event was started and hosted by some of the most dynamic female leaders to help empower women in many areas of their lives.

VLM: Where do you see yourself in 10 years?

SA: Still being active in the industry and in the community. I would love to continue to be a mentor to Broadway-bound high school kids. I do know that whatever lies ahead is relevant and what it’s supposed to be.

VLM: What do you enjoy doing in your free time?

SA: There are so many things to do in Vegas. I especially like going on hikes with my husband Jeff and our dog Joe at Red Rock. On special occasions we enjoy going to our favorite restaurant in Summerlin, Vintner Grill. The food and ambience are amazing. Coincidentally, the owner’s wife, Joelle, is a former Rockette and good friend. We met during our time with The Radio City Spectacular. So, in a way, it is a full circle of my earlier life in Vegas.

VLM: What is on your bucket list of things to do?

SA: One of my goals is to have a second home in California. Jeff and I still have many personal and professional connections in California. I would also love to move to a small, quaint village in Italy and live there for a year.

I think it would be amazing to experience it as a resident, even if only temporarily.

VLM: Any last words for our readers?

SA: I want to thank the people of Las Vegas for all the blessings and opportunities. I am incredibly grateful. It really brings home that the gifts you receive are greater than you are asking for.

Susan Anton is a resident of Las Vegas, Nevada where she shares a home with her husband of 25 years, film director Jeff Lester and their dog, Joe. We are certain that we will continue to hear of many more successful ventures from Susan. Be sure to visit her website for more details of upcoming events and news www.susananton.com

Sabrina S. Siracusa is a Las Vegas-based freelance copywriter. With an undergraduate degree in psychology and an ABA Paralegal Certificate, Siracusa’s specialty is crafting SEO-filled content for legal, medical and career-based websites. She is currently the Publications Specialist at the State Bar of Nevada. Learn more about Siracusa and her work at www.writergirl.biz

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BUYER PROTECTED.

Nevada Now Adds Protections To Ticket Sales – By Myron Martin

I

always enjoy writing for Vegas Legal Magazine about the arts, education and community building. I think that everyone knows I am not a lawyer but, today I get to write about something that bridges the arts and entertainment with the law.

The Nevada Legislature recently passed an unfair trade practices bill related to the business of ticket reselling. For years Clark County has had an ordinance making it illegal for scalpers to do business in and around an entertainment property. In other words, they cannot walk up to you in the parking lot and offer to sell you tickets. However, the world-wide web has changed the way people buy and sell things. Today, people are much more likely to get taken advantage of on an online classified advertisement than in a parking lot somewhere. SB235, which was just signed into law by Governor Sandoval does a number of things: It restates the Federal law passed in December outlawing internet robots from buying up all of the good seats before the general public gets a chance to purchase. And, to that end it also makes it illegal to employ another person to wait in line to buy tickets for the purpose of reselling the tickets. This should help fans.

I must say that after spending a great deal of time in Carson City this session, I have a whole new level of respect and appreciation for the men and women who serve our state in the legislature. These legislators, with varied backgrounds, educations, skill sets and experiences are asked to maneuver through a nearly impossible range of issues. Not one, for example, was a ticketing expert. But, the body of capable and caring citizens did their homework and passed a bill that will protect consumers. As we say in the theater, bravo!

SB235 also makes it illegal to resell more than one copy of the same ticket. This happens all the time in Las Vegas, and around the country. When dishonest people purchase an electronic ticket for a specific seat and then sell it (multiple times) it causes unsuspecting ticket buyers to be turned away for holding invalid and fraudulent tickets. This defies the laws of physics as well as the laws relating to fraud. Our friends at Cirque tell me that they see millions of dollars in fraudulent tickets each year. Imagine buying tickets for your family to see a great show on the strip only to find out that your tickets are invalid. You are out the money and you can’t see the show. The nice people at Cirque try to accommodate people when possible, but must turn people away when they are sold out.

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They have no choice. And remember they weren’t paid a penny for these “extra” tickets. This is embarrassing to the ticket buyer and to the venue.

The bill which was supported by gaming, entertainment companies, professional sports, law enforcement, and even some professional ticketing resellers, also prohibits brokers from using a trademarked or copyrighted URL, title, designation, image, mark or other symbol owned by the venue and their artists, or to pretend to be the official venue site. To avoid confusion, they must state on their web site that they are a secondary ticketing broker.

The lawyers are probably saying that there are already laws relating to intellectual property and other fraudulent activities (such as buying something once and selling it multiple times). That may be true, but now there are specific laws relating to the resale of tickets in the Entertainment Capital of the World. The law now allows for declaratory and injunctive relief for anyone injured by these unfair trade practices, and provides consumers with a telephone hotline and internet site where they can file ticket fraud complaints.

To be clear, you have the right to resell your tickets for an entertainment or sporting event in the event that your plans change. This bill doesn’t prohibit the legitimate resale of tickets, and is in no way an anti-secondary ticketing bill. It simply makes it more difficult for the bad actors to continue to take advantage of unsuspecting consumers.

There are many well-intentioned ticket brokers in Las Vegas who provide a service to out of town clients looking for hard to find tickets. I’ve personally purchased tickets from the Stub Hub and Ticketmaster secondary ticketing sites for prices above the face value for out of town sporting events. Why? Because I like the convenience of buying online and knowing that I will have a ticket before I board the plane. However, I always start with the primary ticketing site before going to the secondary ticketing sites, and I believe all ticket buyers should beware of potential fraud when dealing with people offering to sell you something on the internet.

Myron G. Martin is president and chief executive officer of The Smith Center. Martin earned a bachelors degree in music from the University of North Texas, and an MBA from Golden Gate University. A proud Las Vegan, Martin calls Henderson home with his wife Dana Rogers Martin and daughter Molly.

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It’s our city’s heart of beauty and creativity.

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10 Beneficial Foods For Metabolism –By Maryam Rastkerdar

The secret to living longer and looking younger is in our food. Food high in antioxidants and anti-inflammatory nutrients can wave off several diseases, including obesity, and turn back the metabolic clock.

BLUEBERRIES Rich in anthocyanins, a form of antioxidants, blueberries help fight off free radicals and inflammation. In fact, studies have showed a link between chronic inflammation and metabolic disease states. It is safe to say that incorporating blueberries in our diet can help decreasing inflammation and lead to a better metabolism.

GREEN TEA Rich in epigallocatechin gallate or EGCG and polyphenols, green tea is the most potent anti-inflammatory form of any tea. EGCG is a powerful antioxidant that has shown to be beneficial for brain function, and heart health. Polyphenols are micronutrients with antioxidant activity that play an important role in the prevention and progression of diabetes, cardiovascular and neurodegenerative diseases.

DARK CHOCOLATE Dark chocolate is an anti-oxidative superfood with a range of health benefits including lowering blood sugar by preventing insulin resistance, lowering blood pressure, improving heart health and cholesterol profile in addition to protecting against oxidative damage to the metabolism.

TURMERIC Member of the ginger family, curcumin the most active component in turmeric has powerful antioxidant and anti-inflammatory properties. In addition to maintaining a youthful metabolism, turmeric can also help prevent cognitive decline, liver damage, heart disease, and help reduce joint pain and swelling in rheumatoid arthritis.

BEETS High in betaine, an amino acid with inflammatory properties, betaine has potential benefits for fighting heart disease, helping promote muscle gain and fat loss and improve the overall body composition.

WHOLE EGGS Packed with protein, eggs help build lean muscle and keep the metabolism going. Free range eggs have a high presence of omega-3 fatty acids, which helps regulate and lower cholesterol.

A diet rich in eggs also helps to prevent metabolic syndrome which is a group of conditions that increase the risk of excess body fat and increased blood sugar that can lead to diabetes and cardiovascular disease.

EXTRA VIRGIN OLIVE OIL Made up mostly of monosaturated fatty acids, EVOO has a long list of health benefits. Due to its anti-inflammatory and anti-oxidative properties, the benefits of olive oil include lowering high blood pressure, helping with mood disorders and depression, obesity, supporting brain health and improving the skin.

STRAWBERRIES Nutrient rich and packed with antioxidants strawberries offer a wide range of health benefits. Being an excellent source of vitamin C, strawberries help with boosting the immune system, revitalize and nourish the skin as well as slowing skin aging and boosting the metabolism.

SPINACH Considered a superfood, spinach is packed with vitamins such as A, C, B2, B6, K, it is also abundant in folate, calcium, zinc, CO factor- Q10, fiber and protein. Benefits of spinach includes strengthening of the muscles, bone mineralization and preventing osteoporosis, reducing the risk of cataracts, and maintain a proper metabolic activity.

APPLES Per an old proverb, an apple a day keeps the doctor away, and that’s because apples are considered a miracle food. Apples are rich in antioxidants, flavonoids and fiber. The health benefits include improved neurological health, lowered levels of LDL, detoxification of the liver, speeding up skin cell production, and support a good metabolism.

Vegas Legal Magazine Summer 2017 | Pg. 79

HUMOR //

Summer 2017