Vegas Legal Magazine - Fall 2018

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EDITOR IN CHIEF Preston P. Rezaee, Esq. PUBLISHER Tyler Morgan, Esq. DIRECTOR OF OPERATIONS Jeffry Collins DIRECTOR OF MARKETING Danielle Saenz ADVERTISING INFO@VEGASLEGALMAGAZINE.COM CALL 702-222-3476

CONTRIBUTORS ANDREW CASH, M.D. ANDREW SCHNEIDER DON LOGAY DONOVAN THIESSEN, CPA ERIC GORTON ERICA A. BOBAK, ESQ. J. MALCOLM DEVOY, ESQ. KYLE LAUTERHAHN MARK FIERRO MARK MARTIAK NEDDA GHANDI, ESQ. RICK NELSON STAN V. SMITH, PH.D. TYLER MORGAN, ESQ. VALERIE MILLER

FALL 2018 CONTENTS

LAW

Legal Excellence Awards PG. 50

10 // NON-COMPETE’S NOT DEAD 16 // STRAIGHT OUTTA MARRIAGE 20 // QUARTERLY ECONOMIC COMMENTARY 23 // MEET THE INCUMBENT: JUDGE RON ISRAEL 26 // AARON FORD 32 // COURT OF PUBLIC OPINION 34 // THE ELEPHANT IN THE ROOM 36 // JACKY ROSEN Land Rover’s 42 // DEAN HELLER New Home 48 // APEX SOCIAL CLUB PARTY PICTURES PG. 62 50 // 2018 LEGAL EXCELLENCE AWARDS

BUSINESS

59 // VEGAS LEGAL’S BLACK BOOK 62 // LAND ROVER & JAGUAR’S NEW HOME 65 // STATE OF THE MARKET 68 // UNDERSTANDING DEPRECIATION 70 // MONEY MATTERS 73 // LAS VEGAS REAL ESTATE

LIFESTYLE

75 // BAR REVIEW: CLEAVER 76 // SAKS FIFTH AVENUE 80 // NECK & BACK INJURIES AFTER A CAR ACCIDENT 82 // FROM CONCEPT TO VIRTUAL REALITY 84 // LAS VEGAS ICONS: JOHN O’REILLY 86 // HUMOR

From Concept To Virtual Reality PG. 82

Vegas Legal Magazine Fall 2018 | Pg. 5

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LETTER FROM

THE EDITOR

I am extremely proud to present Vegas Legal Magazine’s third annual Legal Excellence Awards. The selection process was designed to

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

Of the hundreds of nominees, only a select handful were chosen. I am please, honored, and humbled to present this year’s awards to the following winners of Vegas Legal Magazine’s 2018 Legal Excellence Awards: Howard Ecker, Esq. Nedda Ghandi, Esq. Benjamin Cloward, Esq. Osvaldo Fumo, Esq. Noah Malgeri, Esq. Steven Pacitti, Esq. Paola Armeni, Esq. Special thanks to everyone who took the time to nominate a candidate. Without your thoughtful input, the winners of this year’s awards would not have received their much-deserved recognition. To our sponsors, advertisers, readers, contributors, and supporters, I am forever grateful for your continued support. I wish all of you a happy, healthy, and a prosperous new year.

Preston P. Rezaee, Esq. Vegas Legal Magazine Fall 2018 | Pg. 7

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LETTER FROM

THE PUBLISHER

In the past months this publication has covered the case of Jeff Krajnak both in print and on episodes of the Vegas Legal Magazine Podcast. Mr. Krajnak’s story is unfortunate. It’s unfortunate that he had to bear the punishment he never deserved. It is however a learning lesson in the legal system. Nevada remains with a per se law that is a real danger to its residents who consume legal marijuana.

If you use marijuana and operate a vehicle, even days later, you may be charged with driving while intoxicated. The reason is simple.

The substance will remain in your blood system days, even weeks, after using it and a simple blood test showing as much will result in criminal prosecution if you were operating a vehicle. No doubt a change in the law needs to be made.

On the flip side, the law is the law and when laws are broken they must be enforced. Prosecutors are empowered with the duties to enforce laws just as judges are to oversee the proceedings and at times be the trier of fact. This case was unfortunate. The incident altogether was unfortunate. A life was lost, another was destroyed, and families are left in disarray. This is our legal system. I applaud Krajnak for his resilience and I applaud the prosecutors for upholding their duty to enforce laws. But, most of all I applaud Judge Ellsworth. She had the strength to insert her judgment during sentencing and she was able to see the absurdity in the potential result of imprisonment. I also have to believe when she opened sentencing with a comment about reading a “legal magazine” discussing the very case she was presiding over, it was our coverage in Vegas Legal Magazine she was referencing. It was a great day for Krajnak and a great day for our judicial system. This is also a lesson for all existing and future journalists–what we cover and write about can change lives.

Now, the fight continues in the legislature as we try to change the standards for testing sobriety in cases involving marijuana.

Tyler J. Morgan, Esq.

Vegas Legal Magazine Fall 2018 | Pg. 9

Non-Competes Not Dead After Pivotal Decisions In 2015 And 2016 Disfavoring Restrictive Covenants, the Nevada Supreme Court Signals AWillingness To Swing Back Toward Enforcement – By J. Malcolm DeVoy, Esq., & Erica A. Bobak, Esq.i

Attorneys and business owners alike recall the descending panic of 2015

and 2016, when decision after decision from the Nevada Supreme Court called enforceability of non-compete provisions into question. First, the Nevada Supreme Court raised the stakes for enforcing such provisions, requiring specialized knowledge and skills not easily replicated.ii Then, it clarified Nevada law that its courts would not revise, or “blue pencil,” overbroad non-compete provisions to be reasonable and enforceable.iii In 2017, the Nevada Legislature passed a billiv that resulted in blue-penciling becoming enshrined in Nevada law.v When the Nevada Supreme Court considered the issue again in Shores v. Global Experience Specialists, Inc. (“GES”),vi the result was not as unfavorable to non-compete agreements as its prior precedent would have indicated.

The Shores Background – A Common Scenario In Shores, the Nevada Supreme Court considered a preliminary injunction enforcing a non-compete agreement against a former employee. The noncompete agreement at issue stated, in relevant part, that the employee would be unable to directly or indirectly compete with his former employer, GES, a tradeshow and convention event planning and marketing company. This restriction also restricted Shores from working in a similar capacity for any of GES’s competitors for the 12 months following the end of his employment. The non-compete agreement was nationwide in scope, indicating that these restrictions would apply throughout the United States.

Shores worked for GES as a sales associate for over three years. He subsequently was promoted to sales manager, responsible for soliciting trade shows and conventions to contract with GES to build show floors and exhibits. As a condition of his promotion, Shores was required to sign a Confidentiality and Non-Competition Agreement (the “Agreement”).

Several months later, though, Shores accepted a position, substantially similar to his position with GES, with one of its largest competitors based in Southern California.

GES sued Shores for breach of his Agreement with GES. In addition to monetary damages, GES sought damages for injunctive relief and moved for a preliminary injunction to enforce the terms of the Agreement and prohibit Shores’s employment with its competitor. To support the

Vegas Legal Magazine Fall 2018 | Pg. 10

geographic scope of its non-compete agreement, GES provided the district court with a spreadsheet showing it conducted business over the last two years in at least one city in each of 33 states, the District of Columbia, and Puerto Rico. Based upon this evidence, the district court granted GES’s request for a preliminary injunction, finding that the Agreement was reasonable in breadth and scope given GES’ national client base.

The district court enjoined Shores from performing similar work for a competitor that he had previously performed for GES. Shores appealed this preliminary injunction to the Nevada Supreme Court.

The Nevada Supreme Court Weighs In On appeal, the Court agreed with Shores that the Agreement was far too broad in its geographical scope and prohibited Shores from working in jurisdictions where GES did not have existing business connections. The Nevada Supreme Court ruled that the district court abused its discretion when it found that GES was likely to succeed on the merits and granted the preliminary injunction to enforce the Agreement, which restricted Shores from performing similar services anywhere in the United States, because evidence that GES had conducted business in most states did not establish that it conducted business in every state throughout the United States. Because GES did not conduct business in every single state, the Agreement’s nationwide geographical scope was overly broad and likely would not be found reasonable under at trial.

Besides being narrowly tailored to protecting legitimate business interests, a non-compete agreement must not restrict activities for too long a time following an employee’s departure, or restrict competition over an excessive or unreasonable geographic area. To be enforced though an injunction, the non-compete agreement must be reasonable in geographic reach, scope, and duration.vii The Nevada Supreme Court has found noncompete agreements to be unreasonable when the agreement restricts the employee from competing for an unreasonably long amount of time and/ or it restrictions competition in an unreasonably large territory. What is considered “reasonable” varies from business to business and requires a specific consideration of the facts and circumstances surrounding the agreement.viii Simultaneously “[a] restraint of trade is unreasonable…if it is greater than is required for the protection of the person for whose benefit the restraint is imposed.”ix

Although GES characterized itself as a nationwide business, this “semantic designation” did not overcome well-settled Nevada precedent, where a non-compete agreement that extends beyond the geographical areas in which an entity has protectable business interests is, by definition, unreasonable.x The geographical scope of a restriction must be limited to areas where the employer “has established customer contacts and good will.”xi The Supreme Court also concluded that when an employer seeks to enforce a non-compete covenant through a preliminary injunction, it is the employer’s obligation to present substantial evidence that the covenant is reasonable. Although preliminary injunctions generally are granted on incomplete evidence, GES—like any movant seeking injunctive relief— was still required to show a reasonable probability of success.

prepared to prove to a court that its restrictive covenants are properly limited to a geographic restriction to only those areas where the employer can provide evidence of established business interests.

While GES did present evidence of its business connections across the USA, such connections were limited to 33 states (often, just one city within those states), which did not automatically render a nationwide restriction reasonable. In other words, the preliminary injunction improperly prevented Shores from working in “his chosen profession in a number of jurisdictions for which GES [did not present any] evidence of previously existing business contacts.”xii GES’s evidence was insufficient to conclude the Agreement’s nationwide restriction was reasonable, and GES did not demonstrate the Agreement created only those geographical restrictions that were necessary to protect its interests. As a result, the Supreme Court held the district court abused its discretion by failing to uphold relevant precedent on non-compete agreements, and the Court reversed the preliminary injunction due to its overbreadth.

Shores is not a perfect decision for employers, and it is not a cure to what ails the challenges of enforcing non-compete agreements in Nevada. It is, however, a marked step back from the brusque treatment that the Nevada Supreme Court has meted out to similar contract terms in recent years.

While the business community awaits the Nevada Supreme Court’s fullthroated approval for injunctive relief, Shores represents a scaling back of hostility toward such agreements.

Takeaways For Non-Compete Litigation The Shores decision does not alter the law governing non-competes in Nevada, but signals a move toward enforcement, and away from the opposition found in Golden Road. For both drafters and litigators, Shores highlights the challenges an employer faces in seeking to enforce a noncompete agreement while underscoring the necessity of reasonable geographic and temporal limitations within the non-compete provision.

An employer looking to enforce its non-compete agreement must be

Additionally, employers must anticipate that evidence of the business interests undergirding the non-compete agreement will be thoroughly examined. The restrictions on time and geography will require evidence to show that they are reasonable and necessary for the employer to enter the relationship. Before rushing into litigation, employers and their counsel should confirm their ability to carry the employer’s burden of make a prima facie showing that a non-compete agreement’s terms are reasonable and will be enforced.

i. J. Malcolm (“Jay”) DeVoy is the owner of DeVoy Law P.C., and Erica A. Bobak is an associate attorney with the firm, joining upon completing her clerkship for Department 30 of the Eighth Judicial District Court. DeVoy Law focuses on providing representation to clients in significant business disputes, serious personal matters, and advising medical professionals and practices about issues including licensure, HIPAA, Stark Law, and the Anti-Kickback Statute. ii. Excellence Cmty. Mgmt., LLC v. Gilmore, 351 P.3d 720 (Nev. 2015). iii. Golden Rd. Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). iv. AB 276 (2017). v. NRS 613.195. vi. 134 Nev. Adv. Op. 61, 422 P.3d 1238 (2018). vii. Camco, Inc. v. Baker, 113 Nev. 512, 518, 936 P.2d 829, 832 (1997). viii. Jones v. Deeter, 112 Nev. 291, 296, 913 P.2d 1272, 1275 (1996), citing Hansen v. Edwards, 83 Nev. 189, 191, 426 P.2d 792, 793 (1967). ix. Hansen, 83 Nev. at 191-92, 426 P.2d at 793. x. Shores, 422 P.3d at 1242. xi. Camco, 113 Nev. at 520, 936 P.2d at 834. xii. Shores, 422 P.3d at 1241.

Vegas Legal Magazine Fall 2018 | Pg. 11

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STRAIGHT OUTTA MARRIAGE –By Nedda Ghandi, Esq.

The scenario is a familiar one for practicing family law attorneys:

you are being consulted by a potential client for a divorce. What not might be so familiar is if the potential client seeking a divorce is also a business owner. Nevada is one of nine community property states across the country. As a community property state, in the absence of a premarital agreement, all income earned, and property acquired by either spouse during the marriage belongs to both spouses equally. Assuming the business was created during the marriage, the business is a community asset, and there is a presumption that the business should be divided equally between the spouses during a divorce. It does not matter whose name the business is in or if the other spouse has their own career and never contributed to the business, it is still a community asset.

In a divorce action, a business is not typically severed with each party receiving one half of the business to continue operating.

Instead, the business is valued, and in most cases, one party keeps the business and the other party is compensated for one half of the value. This can be devastating even to the party who keeps operating the business as they may have to make drastic changes to business operations to afford the buyout. The valuation process also involves hiring experts to value the business, and often results in a very expensive “battle of the experts” attempting to argue the highest and/or best value for each party.

If a person owns a business before marriage, they should strongly consider entering into a premarital agreement prior to marriage.

While the business owner spouse may maintain a separate property interest in the business, the longer the business operates during the marriage, the greater the interest the non-owner spouse has, even if

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the spouse never contributed to the business. It is a very frustrating experience for the business owner to have to buy out their spouse in the event of divorce, especially when they owned and operated the business prior to marriage.

Nevada has adopted the Uniform Prenuptial Agreement Act, codified in Nevada Revised Statutes Chapter 123A. A premarital agreement is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” NRS 123A.03. The requirements of a prenuptial agreement are fairly basic, although the details in the agreement can be complex depending on the parties’ financial circumstances. The prenuptial agreement must be in writing and signed by both parties.

If one party is represented by an attorney, the other side must also be represented by counsel, and both attorneys are required to sign the document certifying that they have reviewed and counseled their client with respect to the terms of the document.

Parties to a premarital agreement are free to contract regarding property acquired during the marriage and property they each bring into the marriage. They can address their respective rights to buy, sell, use, transfer, and encumber property, as well as disposition of that property upon separation, divorce, death or other life events.

Parties typically contract in a premarital agreement regarding spousal support and maintenance in the event of separation or divorce. It is also common to include provisions for life insurance and the creation of wills and/or trusts to carry out the terms of the agreement.

As to businesses, premarital agreements incorporate dissolution

STRAIGHT OUTTA MARRIAGE

“If a person owns a business before marriage, they should strongly consider entering into a premarital agreement prior to marriage.” or buyout of the community spouse’s interest or provide that the owner spouse maintains the business as their separate property.

The goal of a premarital agreement is often to avoid the creation of community property, and the parties specifically contract as to what will be community property, how it will be acquired, how title to community property is held, and how it is divided. As life changes, the premarital agreement can also be amended or revoked to incorporate changed financial circumstances. NRS 123A.070.

Premarital agreements cannot include provisions related to child custody or child support. Provisions that are against public policy or in violation of a statute imposing a criminal penalty are also prohibited. Premarital agreements are enforceable unless unconscionable, obtained through fraud, misrepresentation, material nondisclosure, or duress. Sogg v. Nevada State Bank, 108 Nev. 308 (1992). Because of the presumed fiduciary relationship existing between parties who are engaged to be married, a presumption of fraud is found where the agreement entered into greatly disfavors one of the parties, such that the party would have received more under community property law. Id. This presumption may be overcome by a showing that the party claiming disadvantage is not in fact disadvantaged. Id. Factors to consider include whether the disadvantaged party (1) has ample opportunity to obtain the advice of an independent attorney, (2) is not coerced into making a rash decision by the circumstances under which the agreement is signed, (3) has substantial business experience and business acumen, and (4) is aware of the financial resources of the other party and understands the rights that are being forfeited. Id. The presumption of fraud may be overcome by a finding that the disadvantaged party had the opportunity to consult with an attorney of his or her own choosing. Id.

Going through a divorce is an emotional, stressful life event.

Unfortunately, life is not put on hold while the details of the divorce get worked out between the couple or wind its way through court.

Real damage can be done to any business during this transitional time. While premarital agreements are not ironclad and can result in litigation, it is the first step to protecting your property. Parties often do not want to think about divorce and dividing property when they are planning the wedding, but a premarital agreement is a conversation every business owner should have before the big day.

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

The simplest way to protect your business is ensure that you have a lawyer draft a prenuptial agreement that categorizes your current business, or any future business that you may create during the marriage, as separate property. The prenuptial agreement should detail that all revenues, appreciation, income and control of that business will remain separate property of the controlling spouse.

Additionally, the business should actually be treated as separate property throughout the marriage, meaning that you should abide by the terms of your premarital agreement as to how you acquire property and manage it throughout the marriage.

Vegas Legal Magazine Fall 2018 | Pg. 17

ECONOMIC EXPERT REPORT

ECONOMICS IS NOT FAIR! –By Stan V. Smith, Ph. D. with Kyle Lauterhahn

“Life expectancy averages are blemished from the start – these tables rely on data from people who have already died.”

From the title of this Quarterly Comment, you might assume that I am

going to discuss jarring income inequality or the double taxation of the Estate Tax. While these are important topics deserving thoughtful analysis, in this article I explore the potential shortcomings of straightforward and standard economic issues in litigation.

Statistical Failures We joke that economists have predicted 9 of the last 7 recessions, but most missed the 2007-09 Great Recession. It is important to remember that forecasting and other practices of economics rely on statistical methods, but often statistical averages and likely reality are not in perfect resonance.

For example, if an airline loses a passenger’s pair of running shoes, it makes no sense to send the passenger a replacement pair using an average male shoe size of 10 while failing to see that the address label on the box indicates they are being sent to a Mr. Shaquille O’Neal. The average shoe will not fit. Sometimes this is obvious, and sometimes it is not.

There is another economic joke about the inappropriate use of averages, involving three economists hunting in the north woods. They saw a 12 point buck across an open clearing. The first steadied his bow, took careful aim, and shot an arrow which unfortunately flew five feet to the left. The second took careful aim, but shot five feet to the right. Excitedly, the third threw his arms in the air and said victoriously, “We hit it! We hit it!”

Statistically speaking the deer was hit – the average of an arrow five feet to the right and five feet to the left is a bullseye, but in reality the hunters

Vegas Legal Magazine Fall 2018 | Pg. 20

are heading home with nothing to mount on the rec room wall, and no venison sausage for guests.

Yet economists regularly use averages equivalent to the hunting party example. Sometimes this works, but sometimes this does not. When showing the future career earnings for a nursing student wrongfully killed, should the average wages for nurses be considered from start through end of career? Or should an economist demonstrate the earnings starting at an entry level at the below average 25th percentile, and growing over time to an experienced level such as the above average 75th percentile? This is certainly how career earnings work in reality – growing over time as workers grow in experience. An average cannot succinctly summarize a lifetime of earnings, so an economist can instead illustrate how earnings grow throughout a career progression.

Another average which needs a grain of salt is life expectancy. Commonly used life expectancy tables show the average number of years of life for a statistical person, based on age, race, and gender. This calculation offers no consideration for the person living longer, which can have drastic consequences. Take the example of a 30-year-old male - his average life expectancy is 48 more years to age 78. If this man was injured and needed support from a heart and lung machine, presumably an economist would illustrate the cost of his extra-ordinary health needs for another 48 years. But what if he lives longer than average? What if he survives to the 90th percentile of his age group, which is to age 93. Using only an average life expectancy there would not be a provision for 15 years of additional needed care. Should someone be expected to live 15 years

ECONOMIC EXPERT REPORT without necessary life-sustaining medical attention? Additionally, life expectancy averages are blemished from the start – these tables rely on data from people who have already died. Such backward looking data does not include the opportunities for longer lives which innovations in medical science promise us, along with other factors.

allows for compensation for the value of life itself in death claims. In nonfatal injury, the Nevada Supreme court however allows for the recovery of the partial loss of life in Banks vs. Sunrise Hospital (102 P. 3d 52 (2004)).

However, it may be some time before Nevada and other states will allow plaintiffs a full recovery of the value of life in death cases.

Even more ripe for potential misuse are statistics for average or “expected” work life. Again, this data only shows an average, and does not let one consider the workers who labor longer than average. Also, these tables not only look backward for the probability of being alive, but also look backward for the probability of being in the labor market. In an era where defined-benefit pensions are less common, and people have to rely on their own savings for retirement, current workers will want to work longer to ensure that they are not forced to eat ramen noodles and dog food in their retirement. The important news from the Social Security Administration is that current workers are not only retiring later than ever, they are retiring later than they planned to retire.

Other damages are frequently not considered by economists, such as some of the services provided by a deceased loved one. What about the valuable advice and guidance we receive from family members? Or the value of having someone else present – prisoners receive solitary confinement as a punishment, so clearly time spent with even a stranger is valuable.

Further, these tables do not explain why people are not working. While some people are forced into retirement due to a disabling injury, for many people retirement is a choice. People with the capacity to work may choose not to, but instead voluntarily retire to spend time with family or doing leisure activities. Statistically speaking, the person injured and unable to work is treated the same as the able-bodied person who chooses not to work. Such a statistic does not represent the years of employment which one is capable of working, and thus undercounts the earnings capacity claim in court as provided for by Nevada Jury Instructions and caselaw.

Inequitable Damages While economics is not always fair, sometimes economists and caselaw regarding economic damages are also not fair. If someone were to knock over a 16th Century Chinese vase at the art gallery in the Bellagio, the curator would quickly come looking for full payment for the destruction of a unique creation. But if that person were instead responsible for the fatal injury of person, another unique creation, under the law in Nevada and many other states the tortfeasor would only have to make payment for the destruction of life itself. They would be responsible for the tangible loss of earnings and services, but the intangible value of the human life would need no compensation. No one would disagree that human life has value, and economists have measured in the marketplace how much we value life, but in a courtroom, where juries are considering the damages in a fatal injury case, life itself has no recoverable value in most states.

Many forensic economists do not provide for a recovery of all losses sustained in injury cases. Aside from courts, a number of economists claim that calculating such intangible damages in fatal injury cases is outside the scope of the field. I find this thinking to be at best lazy, but more likely is intellectually dishonest. Economists measure (using statistics) the exchange of resources in society – this can mean the price of Apple stock, the price of an apple, the cost of time spent peeling an apple, and even the value of life of an apple consumer. The peer-reviewed economic literature on the value of life dates back over 50 years, but some economists who are not aware of this depth of research make false or misleading claims about loss of value of life damages. In fact, the Code of Hammurabi is a precedent for the compensation for the loss of life. Arkansas, Georgia and a few other states, and Section 1983 Civil Rights wrongful death cases also

While an economist can calculate the value of actual time spent by a decedent performing household chores, what about the very valuable oncall presence the decedent provided when alive? Having a parent as an oncall caretaker to pick up a sick child from school or rush to the emergency room when their spouse is in a vehicle collision is very valuable, and not represented in an average number of hours doing household chores.

Many widows tell me that they feel less secure in their homes without their husbands present at night. A husband can provide the services of an on-call resident security guard, and the value of this service can easily be calculated by the economic expert.

A Better World These problems that I have discussed support that old adage that at times “life is not fair,” but this does not mean that we have to be ignorant and accept inequities. Let’s hope that the ruling adage is instead “The moral arc of the universe is long, but it bends toward justice.”

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.

Vegas Legal Magazine Fall 2018 | Pg. 21

MEET THE

INCUMBENT – Judge Ron Israel

MEET THE

INCUMBENT – Judge Ron Israel In this edition of Meet the Incumbent, we interview Judge Ronald J. Israel, a judge in the Las Vegas Eighth Judicial District Court, Department 28.

Vegas Legal Magazine: What in your childhood or young adulthood could you look back on and view as a sign of what was ahead for you in your law career? Did you have a moment when you knew what you wanted to do?

Judge Israel: Looking back on my childhood, the one thing that stands out as to why I initially became a lawyer was my path to becoming an Eagle Scout. My father was an Eagle Scout. Both my brothers and I followed in his footsteps and became Eagle Scouts as well. To become an Eagle Scout you have to earn merit badges and by doing so you learn a variety of subjects, including citizenship in the community and citizenship in the nation – which require a basic knowledge of history and government. On the road to achieving the rank of Eagle Scout, you have to develop selfreliance and leadership skills. I transferred those skills into my day-to-day life.

Unlike some of my friends, I did not have a specific defining moment when I decided to become a lawyer. My major was in political science specializing in survey research, which was a developing field when I was in college. I was interested in graduate school, and law school seemed like a good fit.

VLM: What do you love most about being involved in the law community in Las Vegas? Does it differ from practicing law or sitting on the bench elsewhere?

JI: When I first arrived in Las Vegas in 1981 there were approximately five hundred practicing attorneys. Since it was a much smaller community, everyone knew each other and it was a convivial atmosphere. Over the years, Las Vegas has grown exponentially, but the atmosphere has remained the same.

Vegas Legal Magazine Fall 2018 | Pg. 24

Practicing law and sitting on the bench in Las Vegas does differ from other places. I went to law school in California so it was quite a transition to the limited number of attorneys in Clark County. Sitting as a judge can be very isolating given the restrictions on socializing with attorneys who appear before you.

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

JI: My most memorable case involved an elderly couple who were injured in a rear-end car accident. There was no damage to the vehicle, but the man and woman were legitimately injured. They had about three thousand dollars in medical costs. The defendants were denying the plaintiffs’ injuries. The jury ended up giving the couple everything they wanted. The jury really liked the couple because they were nice people and believable witnesses. Even though I was a novice, the jury liking the individuals appeared to be more important than the facts of the case.

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

JI: The most memorable case I have presided over as a judge so far was the second endoscopy trial. As many readers will remember, Dr. Desai’s endoscopy clinic was accused of re-using syringes, causing several people to acquire Hepatitis C. At the time, Hepatitis C was a potentially fatal disease. Plaintiffs in various cases sued the drug manufacturer alleging that the use of large vials to administer multiple doses of Propofol to consecutive patients caused the Hepatitis C outbreak. The case took almost two months to try and involved both local and out-of-state counsel. The jury returned a verdict of just over one hundred eighty-seven million dollars, which included punitive damages. The case eventually settled for an undisclosed amount after a third case went to trial.

VLM: What is the most challenging thing about sitting on the bench

versus trying cases as an attorney? And was there something in your transition that took some getting used to?

JI: Sitting on the bench compared to being a trial attorney is completely different. One of the first things you learn at the National Judicial College is not interjecting yourself into the trial. As an attorney, you may want to make an objection, but as the trial judge, you have to be quiet and let the attorneys try the case. Sitting as a Judge is a transition. Recently I had another transition to a criminal docket.

Of course, there is a learning curve when you take on a different docket.

Although I have been doing civil trials for the last eight years, taking on the criminal docket with the daily scheduling is certainly different from the civil calendar. I spent several weeks watching other judges prior to starting a full criminal calendar and I am still learning every day.

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

JI: I do not personally agree with Supreme Court decisions on all cases of course, but I do not make the law; I only enforce it. Currently, most of Nevada’s courts are dealing with the HOA foreclosure cases. I originally agreed with a federal court decision that decided that NRS.116 was facially unconstitutional. The Supreme Court in the SFR decision disagreed, and I have been following that decision and subsequent decisions ever since.

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

How did you respond? And in hindsight, would you have done anything different?

JI: There is no one situation that comes to mind, but pro per litigants need more time and very often need help with procedure. I try to remember what we were taught in Judicial College—to be patient and consider that individuals are always extremely nervous and unfamiliar with the circumstances.

VLM: What is your biggest pet peeve triggered by attorneys that appear in your courtroom?

JI: My biggest pet peeve is when attorneys tell me what other judges supposedly do. My next biggest pet peeve is when attorneys file unnecessary motions in limine that ask the Court to follow the law.

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

JI: Be prepared. The attorneys that always come in prepared have the best, consistent outcomes for their clients. They may not always win on a particular issue, but they usually prevail overall.

VLM: Knowing what you now know about your work, what advice would you go back and give your younger self about practicing law, or sitting on the bench?

JI: I would have tried to become a law clerk for a judge. I wasn’t interested in being a law clerk when I first graduated, but it is the best and quickest way to gain experience and learn real, practical matters.

VLM: What has being a judge meant to you?

JI: I got to the point in my career that I knew I wanted to be a judge. I knew it would not be easy. Similar to when I endeavored to become an Eagle Scout, I knew that becoming a judge would require self-reliance and hard work. Since Nevada has elected judges, I had to learn the hard way that politics is a major part of the equation. After being elected, the next step is the National Judicial College in Reno, Nevada. Then there is still the learning curve once you take the bench. However, the challenge and feeling of achievement when I reached that goal was satisfying. Now that I have been on the bench for almost eight years, I have the new challenge of taking on a split criminal assignment. Once again, there is a serious learning curve, but it is a new challenge to embrace and give it my best.

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Aaron Ford

AG Candidate Ford Promises To Protect Consumers, Implement New Gun Background Check – By Valerie Miller

Aaron Ford says his focus remains on helping Nevada families, as he runs for Nevada’s attorney general.

In that spirit, his campaign’s main aim is decidedly unsexy: promising consumer protection.

Ford, who serves as Democratic majority leader in the Nevada state senate, would find that job as a consumer watchdog a natural fit. He is a partner at the Eglet Prince law firm, and does a lot of consumer protection work.

“If I am elected attorney general, my main focus will be on consumer protection. I think I bring a unique background to the issue, as I have been on both sides of the ‘v,’” Ford says. That ‘v’ is how he talks about the ‘versus’ – or adversarial part -- of all legal cases.

Consumer protection is something most people don’t think about until they need it. But Ford’s own family had an incident with a fraudster, which reinforced Ford’s belief that the area should be a top priority for the person filling the role of Nevada AG.

caller) said that he was in a car accident, and his nose was broken and was bleeding all over the place, and the police were on the scene. He said to my motherin-law, his granny … that if she did not send him money right away, that they were going to take him to jail,” Aaron Ford recounts. “And so, my wife said, ‘Did you call Avery back?’ (Her mom) said, ‘Yeah, I called Avery, and he said it wasn’t him.’”

His own personal story is an example of the types of scams Ford promises to fight, if he is elected AG. “My mother-in-law was distraught and concerned. Seniors are being scammed by people all time,” Ford says. “So, taking on scammers who are attacking our seniors is something I will do for consumer protection.”

A Change of Plans at the AG’s Office

“My mother-in-law gave my wife a phone call, when we were driving in the car together. My wife told me (that) my mother-in-law called her and said my oldest son (Avery) had been in a car accident,” Aaron Ford recalls.

Aaron Ford notes some differences between how he would act as AG when compared to the outgoing attorney general, Adam Laxalt. The first thing Ford mentions is the Nevada gun Background Check Act, passed as Question 1 in 2016. Laxalt’s office opted not to enforce the new law, which required background checks for private party gun sales and transfers.

Question 1 had squeaked out passage two years ago.

The tale, of course, involved a plea for cash to the grandmother. “(The

Ford’s Republican opponent for AG, Wes Duncan, will not enforce the

Vegas Legal Magazine Fall 2018 | Pg. 26

act, either, Ford says. “I will not … ignore the will of the people, and give excuses for the reasons (the AG) is unable to enforce the will of the people.”

In August, a Clark County District Court handed down a decision to toss out a lawsuit to force Laxalt, and Nevada Gov. Brian Sandoval, to enforce the Background Check Act. The court ruling came after the state’s Department of Public Safety received a letter from the FBI stating that the bureau would not be conducting the background checks required by the new state law.

While that legal avenue is closed, due to the court ruling in August, Ford thinks there are other ways to implement the Background Check Act. “I think there are some other avenues that are appropriate for consideration,” Ford adds. “So, I will take on that issue and try to implement it. That is number one.”

Battling the Opioid Crisis -- and Other Drug Epidemics Of the “good things” Ford thinks Laxalt has done as AG, the Democratic candidate points to Nevada’s participation in law enforcement summits with other states. Foremost among these partnerships, Ford singles out the Nevada AG’s office participation in nationwide efforts “to combat the opioid crisis.”

“I think the opioid epidemic is something that we absolutely have to continue to address,” Ford says.

He praises Diversion Court, and hopes to grow programs like that one: “We have those (programs for those) who are in the criminal justice system, based on a drug addiction, with opioid or methamphetamines (use), or otherwise. We have drug courts that could use more resources and more support.”

Ford also gives credit to outpatient treatment programs such as Freedom House in Las Vegas, and Crossroads, which started in Washoe County.

“Both of these programs need funding, as our largest mental health facility is the Clark County Detention Center,” Ford opines. “You have to have programs for them, as opposed to throwing them in jail and throwing away the keys.”

Clearing up the Record A lot has been made about a bill Ford introduced in 2017 legislative session, which critics said would have weakened the “Castle Doctrine.”

That doctrine basically gives a person the right to defend themselves in their own home, even if it means using deadly force when necessary.

Critics claimed that legislation, introduced by Ford, would have allowed criminals – and criminals’ families – to sue the crime victims/homeowners.

Those suits could be allowed, even when the victims’ use of deadly force was ruled justified, opponents of the legislation warned.

Ford says he never wanted to weaken the Castle Doctrine: “I support the Castle Doctrine. If someone is breaking into your home, you have every right to defend yourself,” he explains. “And that is the reason the bill was killed was because essentially (it was) a breakdown in communication. I never intended to address the Castle Doctrine.”

Ford remains very concerned about gun violence. In addition to implementing the Background Check Act as the attorney general, Ford would also like to ban bump stocks. The latter was used by 1 October Las Vegas mass shooter Stephen Paddock.

Again, Ford says all his actions come down to protecting families. “I am the candidate who always puts families first.”

A Rags to Riches Story Aaron Ford didn’t take the traditional path to becoming a lawyer, lawmaker and – now – candidate for attorney general of Nevada.

A Dallas native, now 46, Aaron Ford became “the man of the house” as a teen after his parents split up. His parents’ divorce meant that Aaron had to watch his younger siblings while his mother worked nights.

Money was tight. But his mother, Denise Claiborne, put Aaron in the Saturday-school program, Project Upward Bound, which helps students become the first in their families to go on to graduate college.

Aaron Ford later received a scholarship to Texas A&M University, where he would earn his bachelor’s degree. But while in college, Ford became a father at 21. After the relationship with his then-girlfriend ended, Ford took custody of his son Avery and raised him. Those times were tough, and this resulted in Ford seeking public assistance, including the food stamp program now known as the “SNAP.” Ford also received assistance in raising his son through the Woman Infants and Children program, or WIC, and Section 8 housing.

The road to where Ford is today was far from smooth. While in his 20s, he had a number of brushes with the law. Aaron’s life took a positive turn when he met his future wife, Berna, in 1994. The couple are now both lawyers, and are raising four boys, including the Fords’ nephew.

The Fords first landed in Las Vegas in 2000, and moved around for jobs.

The couple permanently moved back to Las Vegas in 2007. Before joining Eglet Prince, Aaron Ford was a partner at the Snell & Wilmer law firm’s Las Vegas office. He previously also worked as a middle school math teacher.

In between, Aaron Ford continued to advance his education. He earned master’s degrees from both George Washington University in Washington, D.C., and from Ohio State University. While living in Columbus, Ohio, he also received his law degree and Ph.D from Ohio State.

In 2012, Ford was elected to the State Senate. By 2013, he was elected the State Senate’s minority leader, and he became the majority leader after the Democrats won back control in 2016.

As the November election nears, Ford goes back to his stated objective: Protecting families. He elaborates on how ensuring consumer protections will help in achieving that goal.

“How is this affecting Nevada families? Is (a practice) taking advantage of them and mistreating them? “The candidate asks. “I will work to protect Nevada families.”

Valerie Miller is an award-winning, Las Vegas Valley-based writer who can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.

To rectify the problem, Ford killed his own bill.

Vegas Legal Magazine Fall 2018 | Pg. 27

AARON FORD

Vegas Legal Magazine: Can you talk about your experience helping with your younger siblings as a teen, and later being a single dad at 21? How did that affect your later views of politics and life?

Aaron Ford: As a kid, things were tough. Even though my parents worked tirelessly at several jobs, we didn’t always know if the lights would come on the next day. Yet my mom always made sure I got the education I needed to succeed. She signed me up for Project Upward Bound, a program for low-income families and kids whose parents didn’t go to college. Thanks to her example and support, I went to Texas A&M University.

When I was a junior in college, I had a child. And when he was five months old, I became his sole caretaker. I lived in Section 8 housing, got on food stamps and Women, Infant and Children assistance. I considered dropping out of school. But with the help of my family, I was able to raise my son while I worked to finish college.

My life’s focus changed. I was determined more than ever to make sure my children didn’t grow up with the same circumstances I had as a kid. So I graduated, went on to get two master’s degrees, a law degree, and a Ph. D. I met my wife, we got married, and supported each other through graduate school, and had two more children and raised our nephew.

VLM: How did receiving some public assistance -- for food -impact your views on social programs?

AF: Sometimes people just need a chance. I was one of those people, as are many Nevadans. If I didn’t have support when I needed it, I don’t know where I would be today. When I say that I understand what it’s like to struggle, I mean it. So, in the (Nevada) State Senate, I worked with my colleagues to make sure that every Nevada family who is willing to put in the work has a chance. We increased funding for public schools, expanded health care access, and fought for workers’ rights. I’m proud of the work we did to help hardworking Nevadans get ahead.

VLM: News accounts said you had been arrested four times, while in your 20s, in Texas. Is that accurate, or did some news accounts misstate that?

AF: That is accurate, I was arrested while in college for misdemeanor offenses of public intoxication, failure to appear, and failing to timely pay off a tire.

Vegas Legal Magazine Fall 2018 | Pg. 28

VLM: Would you like to clarify anything about your run-ins with the law while you were a young man?

AF: As a freshman in college, I was walking back to my dorm from the other side of campus one night after drinking alcoholic beverages with some friends. When campus police saw me, they arrested and charged me with public intoxication.

While also a college student, I’d frequently drive home to Dallas from College Station (Tex.) on the weekends. On one of those trips, I got a speeding ticket. I didn’t pay it, and a warrant for my arrest was issued for failure to appear.

Another time, I needed to drive home for the weekend to visit my son, who was living with my mother at the time, and I discovered my tire had a leak in it. So, I stopped at a tire shop to get it repaired.

The leak couldn’t be patched, so I had to buy a new tire but couldn’t afford to pay the full price at the time.

The guy at the tire shop was gracious enough to put a tire on my car so I could drive to Dallas, and he would let me pay him off over time. I didn’t pay him quick enough, and he filed a complaint against me. I was charged with theft, and like a stupid college kid failed to appear for that charge. I eventually was able to pay for the tire, and the charges were ultimately dismissed.

VLM: Your opponent’s campaign has raised concerns about your arrests, and other run ins with the law, in terms of affecting your qualifications to serve as attorney general of Nevada.

How would you respond to those comments? Do you feel these decades-old police incidents are relevant to serving as attorney general should you be elected?

AF: My background has informed who I am today. Those cracks you hear people falling through on occasions, I fell through them.

I made some bad decisions. But after those missteps, I turned my life around. I became a single parent to my child, and became determined to be the best father I could be. I graduated from college and went on to get two masters, a law degree and a Ph.D. Those mistakes I made in college did not prevent me from being admitted to the bar here in Nevada and Texas and becoming “Attorney of the Year,” “Top 40 Under 40,” and other awards for my legal work.

I’ve tried to raise my children to work hard and care about others.

When they make a mistake, they should work to rectify that mistake

AARON FORD

“My background has informed who I am today. Those cracks you hear people fall through on occasions, I fell through them. I made some bad decisions. But after those missteps, I turned my life around.” and be better next time. I’ve tried to lead by example in my own life by being the best father, husband, and public servant I can be.

I do think it is interesting that our current (Nevada) attorney general, Adam Laxalt, was arrested in his youth for dangerous offenses, such as driving while intoxicated and assaulting a police officer. Yet, he’s supported by (Republican AG candidate) Wes Duncan and the Republican Attorneys General Association (RAGA), an association of which Laxalt is an actual member. Duncan even went to work for him. Yet both Duncan and RAGA are currently spending hundreds of thousands of dollars on advertisements claiming that my mistakes are disqualifying. The hypocrisy is stunning.

VLM: One news account stated that: “(Ford) had three different liens filed against him by the IRS for failing to pay over $185,000 in income taxes between 2010 and 2013, according to financial disclosures filed with the Nevada secretary of state.” Can you talk about how those liens came about, and how your resolved them?

VLM: What are your plans in terms of enforcing federal immigration laws and working with ICE? AF: I would take the similar position of Republican (Brian) Gov. Sandoval -- we don’t currently have an issue here in Nevada when it comes to the lack of enforcement of federal immigration laws. Ultimately, it is the federal government’s responsibility to enforce federal laws. But to be clear, when I am AG, there will be no sanctuary for any criminal. Anyone who commits a crime in Nevada will be brought to justice.

Valerie Miller is an award-winning, Las Vegas Valley-based writer who can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.

AF: I have paid taxes every year. For a few years after the recession, my family ran into some financial difficulties. I took a paycut during that time period, and we also had significant medical bills due to one of my son’s having health problems during that time.

It was tough -- we ended up having to short sell our home and move. Eventually we were able to get back on our feet. All of our taxes have been paid in full, with interest, and have been for over two years.

VLM: How would you ease the minds of Republican voters, and many independents, who may fear that electing Democrats will result in the erosion of the freedoms Nevadans now enjoy?

(For example: Open-carry rights for legal gun owners and other rights that Californians don’t have now).

AF: Conservative politicians love to use scare tactics like this to stir up voters. The truth is that Democrats and Republicans in the Nevada state legislature have a long history of working together in a bipartisan manner.

Vegas Legal Magazine Fall 2018 | Pg. 29

Court Of PUBLIC OPINION –By Mark Fierro

Jeff Krajnak is a free man.

This is the third in an ongoing series of columns focusing on the criminal prosecution of Jeff Krajnak, a veteran of the wars in Iraq and Afghanistan who had pulled himself back from the brink. He legally used medical marijuana to ease the debilitating, lasting effects of a blast from a roadside bomb that ended his 15-year military career. Krajnak says the medical marijuana changed his life.

It allowed him to sleep. He no longer awoke with his trigger finger rapidly firing an imaginary M-16 at phantom enemy soldiers. Krajnak wasn’t suffering from PTSD. He was PTSD. When Jeff Krajnak began using “legal” medical marijuana, he was freed from the soul-crushing medications the VA doctors had prescribed. Nevada’s “other” marijuana laws — the “per se” laws — would change that and ultimately put him back on a destructive cocktail of powerful medications that, once again, would make him “feel like a zombie.”

What Krajnak didn’t know is that the marijuana that silenced his PTSD and allowed him to sleep through the night was also setting him up for a fall that would change his life forever. Traces of that marijuana that seemed to help so much would stay in his system for weeks. Those traces would be more than enough to make him and anyone else who used “legal” marijuana a criminal long after that use every time they drove a car.

Vegas Legal Magazine Fall 2018 | Pg. 32

Krajnak got an education on just how free he was when he and his son were involved in a fatal accident more than 12 hours after Krajnak smoked medical marijuana. The most respected fatal accident investigator in the state, former Metro officer William Redfairn, issued a report saying that neither Jeff Krajnak nor the marijuana he smoked more than 12 hours earlier were the cause of the accident.

But that trace, those few parts per billion of marijuana metabolite, was enough under Nevada’s archaic per se laws to get powerful legal wheels turning, wheels that no one could stop. Those wheels were getting ready to grind Jeff Krajnak, to pulverize his family life into pieces that could have scattered over a threatened potential 16-year prison sentence.

Jeff Krajnak is a free man now, but first he would go to jail for six months as the case made its way through the system. His family, his wife and two kids would be separated from Jeff, watching him battle PTSD from jail with ineffective mind-numbing drugs, while he waited, fearing the worst. He didn’t have the $200,000 bail or the $20,000 for the non-refundable bond. He didn’t have the quarter-million dollars these kinds of cases require to put on a real defense. It didn’t matter that the state’s most respected fatal accident investigator said that Krajnak, or the medical marijuana he smoked more than 12 hours before the accident, were not even the cause of

the crash. Nothing mattered except the fear that things were about to get much, much worse.

If there was a light at the end of the tunnel, it appeared that it would take six years to arrive. That was the plea bargain. Six years in prison. Then Jeff Krajnak would be a free man. There was restitution of $130,000 — a burden big enough to change the trajectory of the family’s financial future. Remember that Nevada’s most respected accident investigator found that Krajnak was not at fault and that the medical marijuana played no role in the crash. Krajnak would pay.

Everything, at least nearly everything, would change on the morning of Sept. 26.

District Judge Caroline Ellsworth opened Krajnak’s sentencing hearing with a disclosure. The judge informed the litigants that she had been reading a “legal magazine,” and that she had read a column that dealt with a fatal accident case involving Nevada’s per se law. She said that she finished reading before she realized it was the very case she would preside over.

As I sit in court next to Krajnak’s wife it becomes clear to both of us that Jeff Krajnak isn’t going to prison, not for six years. Not for a day. Jeff Krajnak is going home. From my point of view, Judge Ellsworth made a singularly courageous call in sentencing Krajnak to five years of supervised probation. This was, after all, a fatal accident in which Krajnak had entered an Alford plea.

Big picture, this is a happy ending. Jeff Krajnak is a free man. It’s the details that are so deeply troubling. While on probation, Jeff will not be permitted to use medical marijuana — the one medication that has kept him a fully functioning citizen for many years since his military service in Iraq and Afghanistan. He is also on the hook for $130,000 in restitution in addition to $50,000 his insurance paid out.

The bottom line of this story is the most troubling of all. If you drove to work this morning and you consumed marijuana in the past three weeks, you are a criminal. You are Jeff Krajnak. If you are involved in an accident, it’s your fault. Even if it wasn’t your fault, it was your fault. Ask Jeff Krajnak, or ask his wife, or ask either of his two kids.

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

The Elephant In The Room

Trump’s Given The GOP New Life, And Critics Are Starting To Notice –By Valerie Miller

As the Congressional confirmation hearing for Supreme Court Nominee Judge Brett Kavanaugh descended into a media circus this fall, it appeared that the wheels might be falling off the Trump presidency at the same time.

While the conservative Kavanaugh’s confirmation seemed in peril, due to decades-old sexual assault allegations, Trump also faced a growing number of investigations.

Then, something happened. In a move that conservative radio icon Rush Limbaugh credits with saving the Kavanaugh confirmation, Trump defended Kavanaugh at a campaign rally by publicly poking holes in the testimony of his accuser.

That move, which brought Trump sharp criticism by Democrats and some wavering Republican senators, also seemed to give Republicans the courage to stand up to the angry opposition. By early October, Kavanaugh was confirmed, with only one Republican voting “present’ – Alaska’s Lisa Murkowski.

Every Democratic senator voted “no” on Kavanaugh, with the exception of West Virginia Senator Joe Manchin, who was in the midst of a tight reelection campaign in “Trump Country.”

The Party of Trump The Republican Party, which during the lead up to the 2016 presidential election all but outright rejected Trump, is now rallying around the president. Republican candidates in most close congressional races want Trump to come rally for them. That has been also true in Nevada. Onetime Trump critic, Sen. Dean Heller, has embraced Trump in Heller’s tight re-election bid against one-term Democratic Congresswoman Jacky Rosen.

The move seems like a smart one. Trump is credited with boosting Republican primary candidates over their favored opponents, in some other states such as Florida.

The influence of a “Trump bump” was on full display recently. Just weeks after the confirmation of Kavanaugh, Trump held a massive rally in Kentucky for a congressional candidate in that state. Trump also brought Republican Senate Majority Leader Mitch McConnell on stage for a rockstar like standing ovation in his home state.

Vegas Legal Magazine Fall 2018 | Pg. 34

For those who have followed conservative fire-brand politics over the years, McConnell had long been criticized for failing to lead his party in a conservative direction. Now, with Trump as president, McConnell is treated like rock star. Rush Limbaugh opined that it was likely the first standing ovation McConnell had ever received in his decades as an elected official.

The standing ovation was a show of appreciation. McConnell had been instrumental not only in Kavanaugh’s confirmation vote, but also in “holding out” for the election of the next president during the 2016 race. The senate majority leader promised to wait, and not hold a confirmation hearing for President Barack Obama’s Supreme Court nominee, Judge Merrick Garland.

McConnell reasoned that the job of picking a nominee should be left to the next president (who would ultimately turn out to be Trump). McConnell had stuck to his promise, even after the media and pundits claimed it was virtually impossible for Trump to win in 2016.

After Trump became president in 2017, he nominated conservative Judge Neil Gorsuch to fill the seat left vacant by conservative Justice Antonin Scalia, who died suddenly in February 2016.

Gorsuch had a much smoother path to confirmation than did Kavanaugh, but Gorsuch was also replacing another true conservative in Scalia. Kavanaugh was replacing retiring Justice Anthony Kennedy -- a conservative who was also a swing vote in many cases. Thus, the stakes were much higher for Democrats during the Kavanaugh nomination.

“Winning” As a candidate, billionaire businessman Donald Trump promised to make America win so much that the nation would “be sick of winning.” About half the country believed his pledge to “Make America Great Again” and elected him president in November 2016. Now with near-record-low unemployment and a record-high stock market, even a few detractors are grudging acknowledging his successes.

Once predicted to literally destroy the Republican Party with his candidacy, by tanking GOP candidates in the November 2016 general election, quite the opposite was true. The day after Trump’s historic 2016 victory, the

visibly-stunned House Speaker Paul Ryan (R-Wis.) admitted Trump proved his critics wrong and “had coattails.”

Those “coattails” meant that Republicans had won the presidency, and also maintained control of both houses of Congress. Trump’s victory over Democratic rival Hillary Clinton was a bitter pill for Democrats to swallow.

At the same time, the idea of having a Republican businessman as president caused the stock market to skyrocket.

On Election Day, November 8, 2016 the Dow Jones Industrials Average was at 18,332.74. On Oct. 19, 2018, the Dow closed 25,444.34.

Since Trump’s election, the Dow has risen by more than 7,000 points.

September’s nationwide unemployment rate dropped to a nearly 50-year low of 3.7 percent. The U.S. unemployment rate hasn’t been that low since 1969. There are more overall jobs available than people searching for jobs.

In September, the White House touted the creation of “almost 4 million jobs created since (THE 2016 Trump) election,” and “more Americans are now employed than ever recorded before in our history.”

The impact has also been global. Yahoo Finance, in a Nov. 8, 2017 article, quoted a financial analyst’s one-year analysis of Trump’s election and its impact on global markets: “Torsten Sløk, an economist at Deutsche Bank, circulated a chart ... showing that between global bond and stock markets, $28 trillion of value — $26 trillion in global stock markets and $2 trillion in global bonds markets — has been created since Trump’s election win,” Yahoo Finance reported.

“They Can’t Destroy Him” Nearly two years into Donald Trump’s presidency, a similar scenario keeps playing out like reality television: Opponents think they have finally brought Trump down. But, wait, he comes back even stronger!

For Republicans, it may be like watching an action movie, ala the Indian Jones series, where the hero faces almost certain doom only to make an improbable escape at the end. The protagonist lives to fight on another day, giving the audience what its wants.

Conversely, for Democrats it may be more like watching masked-slasher Michael Myers continually rise from the dead in the Halloween horror movies.

Rush Limbaugh recently noted, on air, what he calls the “liberal media’s -- and Democrats’ -- frustration.” The conservative talker said the nowconcluding Russian-collusion investigation lead by Special Counsel Robert Mueller, along with the barrage of negative news about Trump – including Trump’s alleged affair with porn star Stormy Daniels, and hostile leakers inside the Trump Administration itself – are examples of the various things thrown at Trump.

“They can’t destroy him …and it is driving them crazy,” Limbaugh said.

Giving Credit?

The recent headline was something you might see in a conservative publication or a Fox News website: “Trump’s accomplishments are undeniable.”

But the source was surprising: Yes! -- a progressive, issues-based publication.

The media outlet seems like the last place one would find an opinion piece giving Donald Trump credit for his many achievements in less than two

years as president.

The author of the piece was Jim Longworth, the host of cable television shows “Triad Today.” Longworth is not a Trump “cheerleader” by any means.

Mixed in with his praise of Trump’s accomplishments, Longworth takes some hard shots at Trump, the person: “He is a bully who mocks people he doesn’t like, including disabled persons, POWs, sexual assault victims, and even members of his own cabinet. His extemporaneous remarks at public functions are often rambling, incoherent, and inappropriate.”

But wait, there’s more: In the Yes! article, Longworth also calls Trump “a misogynist who once bragged about being empowered to grab women by their private parts.”

Once “Trump, the man” is separated from “Trump, the president,” however, Longworth praises the job Trump has done. “Like it or not, President Donald Trump has had an extraordinary record of successes, and he hasn’t even been in office for a full two years. Here are just a few of his accomplishments,” he writes in Yes! “We’ve had a 31 percent growth in the U.S. stock market, and, thanks to Trump’s new tax plan and push to bring back jobs from overseas, companies are putting more money into our economy. For example, Apple is now paying an additional $38 million dollars in taxes.”

Internationally, Trump’s achievements include taking steps to “normalize relations with North Korea and (to) avert a potential nuclear conflict,” Longworth lists. “He has negotiated a new trade agreement with Canada and Mexico which ends ridiculously high tariffs on U.S. products.”

That new agreement with Mexico and Canada replaced the heavily criticized, Bill Clinton-Era “North American Free Trade Agreement,” or NAFTA. Nevada is a Battleground for the Midterm Elections Trump’s success has “energized” Republicans about the midterm election, Longworth observed.

Republicans are hoping that “energy” carries over to tight races like Nevada’s battle between Heller and Rosen, which analysts have speculated may decide control of the U.S. Senate. The two were in pretty much a dead heat leading up to Election Day. Rosen had been a few points ahead of Heller but he caught up – and moved slightly ahead – after the Kavanaugh confirmation fight.

Republican voters’ anger over the Democrats handling of the Kavanaugh confirmation hearings led to a bounce for many Republican candidates in the polls. Nonetheless, few can predict whether or not that uptick will hold until Election Day. Nevada is also a battleground state for two seats in the House of Representatives: Republican Danny Tarkanian was neck-in-neck with Democrat Susie Lee for the seat being vacated by Rosen.

Meanwhile, the open House seat, being vacated by scandal-plagued Democrat Rep. Rueben Kihuen, has brought on a battle between two former one-term members of Congress: Democrat Steven Horsford and Republican Cresent Hardy. (The Republican lost the seat to Kihuen in 2016. Horsford had lost the seat Hardy in 2014).

And all roads to continued Republican control of Congress, and the future of the Trump presidency, may run right through Nevada.

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

Vegas Legal Magazine Fall 2018 | Pg. 35

COVER STORY PT. 1

Congressional Newcomer

JACKY ROSEN Hopes To Unseat Nevada’s Senator Heller —By Valerie Miller

One of the most-watched races during this mid-term election

cycle is the battle for the Nevada senate seat currently held by Republican Dean Heller. Looking to unseat the incumbent senator is one-term Democratic Congresswoman Jacky Rosen. The Democrat is a relative newcomer to politics, only joining Congress in January of 2017. But as Nevada turns “purple” and remains a battleground state, Democratic leadership sees Rosen as a political fresh face who just might be able to shift the balance of power in the senate.

Rosen, a 40-year resident of the Las Vegas Valley, made her career as a computer programmer and software developer. She graduated from both the then-Clark County Community College (now College of Southern Nevada) and the University of Nevada, Las Vegas. Former Senate Majority Leader Harry Reid is said to have realized the political potential in the relatively-unknown Rosen in the lead up to the 2016 Congressional campaign. That election saw Rosen squeaking out a 1-percentage point victory over a betterknown Republican rival Danny Tarkanian.

Can lighting strike twice in two years for Rosen – and her Democratic backers? A lot of money is pouring into Nevada to back both Rosen and Heller. Some $16.9 million has been spent on the Nevada senate race by what the Reno-Gazette Journal defined as “outside political advocacy groups — including funds from dark money organizations that don’t disclose their donors.”

The RGJ used data from federal campaign finance data compiled

by ProPublica. Rosen was the beneficiary of the funds by a 2-to-1

margin over Heller. In addition, 89 percent of those ads are trashing either Heller or Rosen, while only 11 percent of the ads gave voters a reason to support either candidate.

Unlike some of her more-fiery fellow progressive Democrats, Rosen has mostly stayed away from attacking President Donald Trump. Of late, Rosen’s television ads have mostly just linked Heller to Trump in a cozy way, while also claiming the Republican senator will not go against his party leadership. Meanwhile, Heller’s ads have linked Rosen to Democratic Achilles heels such as minority speaker Nancy Pelosi and 2016 Democratic presidential nominee Hillary Rodham Clinton.

In a late September Las Vegas rally for Heller and other Nevada Republican candidates, Trump told his audience that while Jacky Rosen doesn’t say bad things about him, she nonetheless will vote against his agenda every time. And, in true Trump-like branding, he called Rosen by a nickname: “Wacky Jacky.”

But Rosen’s nonpolitical life is conventional by most measures: Rosen is the former president of Congregation Ner Tamid, the state’s largest synagogue. Born in Chicago, Rosen now lives in Henderson, Nevada. Rosen’s husband Larry is a radiologist. The couple have one daughter, Miranda, who is a college student.

Among the biggest fights between Heller and Rosen is over who supports veterans more, and their stances on Obamacare. In the

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summer of 2017, Heller voted against a Republican plan to cut the Nevada Medicaid expansion. Later, Heller voted in favor of the so-called “skinny repeal” of the Affordable Care Act, which would have eliminated the individual mandate requirement. By contrast, Rosen has supported the ACA as a whole, while promising to “fix” the law known as “Obamacare.”

-----Vegas Legal Magazine: How would your background and experience, both in Congress and prior to your election, prepare you to possibly take on the responsibilities of a United States senator?

Jacky Rosen: The experiences in my life have shaped my values during my time in office and the type of senator that I’ll be. I worked as a waitress to help put myself through school, and I was the first in my family to graduate college. I became a successful computer programmer in the private sector here in Southern Nevada, a caregiver for my parents and in-laws, and a community leader as the president of Nevada’s largest reform synagogue. I’m proud of my time in Congress and the bipartisan work I’ve done.

I’ve been serving on the House Armed Services Committee and the House Committee on Science, Space, and Technology to support our troops and promote research and technology. I know I have what it takes to serve as Nevada’s next Senator and represent this whole state.

VLM: What do you feel are your biggest accomplishments in public life so far, and what would you like to make happen if you are elected to the United States Senate?

Vegas Legal Magazine Fall 2018 | Pg. 38

JR: I’m proud of my bipartisan bill to encourage early childhood education in STEM, especially for young girls, which passed the House unanimously earlier this year and I’m working to get it signed into law. I’ve gotten important amendments passed and signed into law through the National Defense Authorization Act as a member of the House Armed Services Committee, dealing with issues from stopping Yucca Mountain to supporting Israeli defense systems. Since joining Congress, I’ve been ranked as one of the most bipartisan freshmen in the House and I’m in the top 10 percent most bipartisan members. I’m a member of the Problem Solvers Caucus, where I worked across the aisle to put together a comprehensive framework for rebuilding our infrastructure. I’ve introduced 17 different pieces of legislation, and nearly all of them have a Republican co-sponsor. I’m running for Senate to keep delivering smart solutions for hardworking Nevadans by fighting for better-paying jobs, safer communities, better schools, and affordable health care.

VLM: The political story getting arguably the most news coverage over the summer was the separation of immigrant families while illegally entering the United States at the southern border. You had spoken out in opposition to this separation. What solution would you offer to this problem, while still enforcing the United States’ border laws?

JR: I went to the border in June with a fellow member of Congress to investigate the Trump Administration’s despicable policy that separated thousands of kids from their parents. Hundreds of families still aren’t reunited, and this will cause lasting trauma for these children. I want to see us pass comprehensive, bipartisan immigration reform that bolsters border security in smart and

JACKY ROSEN

reasonable ways while also ensuring we allow people fleeing violence and seeking asylum at the border to come here and contribute to our economy and find a better life.

VLM: This is also on the subject of illegal immigration: With more than half of all Americans recently polled being in favor of enforcing U.S. immigration laws, how do you think this enforcement could be effectively – and humanely – accomplished?

JR: We need comprehensive, bipartisan immigration reform that secures our borders, grows our economy, and provides a path to citizenship for undocumented immigrants who are here and contributing to our communities. Immigration enforcement should prioritize targeting bad actors and violent criminals and not tearing apart families trying to make a better life here.

President Trump is rolling back our immigration rules - for example, by ending the Deferred Action for Childhood Arrivals (DACA) program and ending Temporary Protected Status (TPS) designations for thousands of other law-abiding immigrants.

VLM: Veterans’ issues have been a hot-button political issue in your race for the United States Senate seat currently being held by your Republican opponent, Dean Heller. Organizations, seemingly in support of Sen Heller, have run ads accusing you of missing a vote on helping Vietnam veterans due to a photo opportunity at the southern U.S. border. How would you compare your support for veterans to Senator Heller’s support for veterans?

JR: These deceptive and dishonest ads are designed to mislead voters, and the attacks have been debunked by independent fact checkers. When I visited the border, I was doing my job - I was on official business with a colleague in my role as a member of Congress who has been proactively working to fix our broken immigration system and end President Trump’s heartless family separation policy. In Congress, I’ve been standing up for Nevada’s veterans and I’ve fought to expand benefits for Vietnam veterans exposed to Agent Orange. I was an early cosponsor of the Blue Water Navy Vietnam Veterans Act, I pushed Speaker Ryan to pass the bill, and I even helped introduce a similar bipartisan bill earlier this year.

Senator Heller puts his party first instead of Nevada families, and that sometimes comes at the expense of veterans and military families - whether it’s his votes to dismantle the Affordable Care Act or his efforts to undermine the Consumer Financial Protection

Bureau. I’m listening to veterans and taking their stories to Washington. That’s why I have fought to improve veteran health care programs, raise the pay of service members, combat veteran homelessness, provide and expand tax credits to businesses that hire veterans, and improve veterans’ access to child care. In the Senate, I’ll keep working to cut red tape and increase accountability at the VA to ensure we honor and fulfill our promises to Nevada’s veterans.

VLM: Senator Heller, President Donald Trump, and many other Republicans have said that -- should Democrats gain control of Congress in the midterm elections – the Democrats will try to impeach President Trump. Would you vote for, or support, any impeachment efforts against President Trump?

JR: We are a nation of laws, and no one is above the rule of law. But before anyone makes those judgments, we need to get all the facts and the Special Counsel needs to finish his investigation without political interference. I’ve voted twice to table impeachment efforts in the House and have cosponsored a measure to protect the Special Counsel from interference.

VLM: Student loan debt is a huge, and growing, problem. You have voiced a desire to help reduce student-loan burdens by measures such as reducing government-loan interest rates. How would you go about reducing that rate and what other steps would you take?

JR: As the first in my family to graduate from college, I understand that access to higher education is a critical path to prosperity for regular, hardworking people. I made ends meet to get my undergraduate degree by waiting tables and taking out student loans. Today, students at Nevada universities graduate with an average of $24,000 in student loan debt; this keeps higher education out of reach for far too many.

I support making higher education more affordable, whether it’s through advanced skills-training, apprenticeship programs, community college, or a four-year college degree. In the Senate, I’ll work to lower interest rates on student debt and ensure that young people have access to a quality education that prepares them for jobs in a 21st century economy. In Congress, I’m supporting commonsense efforts to extend the Perkins Loan Program for two years to continue providing low-interest federal student loans for low-income undergraduate and graduate students. I’m also working to allow student loans to be dischargeable during bankruptcy, and I’ve helped introduce and pass bipartisan legislation to expand

Vegas Legal Magazine Fall 2018 | Pg. 39

JACKY ROSEN

“People in our state are frustrated with Senator Heller’s votes to dismantle the Affordable Care Act, defund Planned Parenthood, and reject bipartisan plans to protect our Dreamers.” college assistance for veterans and allow new service members to use their education benefits later in life.

2020. But is there any Democratic candidate that you would really like to see run for president in 2020?

VLM: In ads, you have said you want to “fix the Affordable Care Act.” How would you go about fixing the ACA, or Obamacare, while also reducing the high insurance premiums?

JR: Right now, I’m focused on working hard for the people of Nevada and winning this Senate race in a few months. This election is so important, and we need to win in 2018 before we turn our attention to taking back the White House in 2020. But I’m looking forward to our caucus in 2020 and Nevada being back in the spotlight again as the first state in the West in the presidential primary - it’s an opportunity to showcase our amazing state and our rich diversity.

JR: Hardworking families shouldn’t have to choose between paying their rent or putting food on the table and going to the doctor. We need to expand access and bring down costs, and there’s a number of common-sense ways I believe we can do that. First, we need to lower premiums by stabilizing health care markets and funding cost-sharing reduction (CSR) payments. I’ve also introduced legislation to reduce prescription drug prices for individuals and families by capping out-of-pocket costs, and I’m supporting bipartisan legislation to address Nevada’s doctor shortages by increasing the number of Medicare-supported residency positions.

One important way to increase access and competition is creating a public health insurance option. And with Republicans refusing to let up on their crusade to sabotage and dismantle the Affordable Care Act, I’m doing everything I can to preserve the law’s coverage protections for people with pre-existing conditions and fighting to ensure we defend those protections in court in an ongoing federal lawsuit.

VLM: Many Democrats across the country have predicted a “Blue Wave” of Democratic victories this midterm. Do you think that “Blue Wave” will happen? And, will we see a “Blue Wave” in Nevada? Why or why not?

JR: Nevada is a battleground state where races are tight all the way to the finish line, but I’m confident we will flip this Senate seat and win other races up and down the ballot. We are seeing a lot of momentum and energy from people across Nevada who want a Senator who represents them, and not billionaire donors and party leaders in Washington. People in our state are frustrated with Senator Heller’s votes to dismantle the Affordable Care Act, defund Planned Parenthood, and reject bipartisan plans to protect our Dreamers. Nevada Democrats are running a coordinated campaign that is engaging communities in every corner of our state to make sure they register to vote and show up at the ballot box this fall.

VLM: The next presidential election is still two years away – in

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Valerie Miller is an award-winning, Las Vegas Valley-based writer who can be reached at (702) 683-3986 or valeriemusicmagic@yahoo. com.

COVER STORY PT. 2

SENATOR DEAN HELLER Gets Support From Trump, Governor Sandoval as Race Nears Finish Line —By Valerie Miller

Dean Heller is staying strong during the fight of his political life.

The incumbent Republican senator is battling one-term Nevada Congresswoman Jacky Rosen to keep the seat he has held since 2011. Polls show the race a dead heat, and everything from health care to veterans to the confirmation of now-Supreme Court Justice Brett Kavanagh are being thrown around.

Heller has grown close to President Donald Trump over the last year. A year ago, Heller traveled with Trump to Las Vegas in the wake of the 1 October shooting. That appeared to be one of the ice-breaking moments between the two Republicans. (Heller had voiced his disapproval of Trump during the 2016 presidential campaign before ultimately casting his ballot for Trump).

The two seem to genuinely like each other today, which isn’t that surprising as both men have an easy-going, personable side to them. Heller has said he approves of much of what Trump is doing as president – especially on the economy and on tax cuts. Heller recently called Trump “a great leader,” according to the New York Times.

But, the Dean Heller of 2018 has learned to stay out of the “reality show” part of Donald Trump’s presidency. The Nevada Republican

senator declines to take the bait when reporters want to push him to comment on every provocative Trump Tweet.

Heller might have found just the right balance in his relationship with Trump, especially when it comes to Nevada voters. Trump is a great asset in a state where Republican support for Trump is strong (although Democratic presidential rival Hillary Rodham Clinton squeaked out a narrow victory over Trump in Nevada in 2016).

Trump also lent a hand to Heller by convincing Heller’s would-be primary rival, Danny Tarkanian, to drop his challenge to Heller to instead seek the open House seat being vacated by Rosen.

Heller recently received more in-state support, as well. At the beginning of October, Nevada Gov. Brian Sandoval threw his support behind Heller. That endorsement was significant as the term-limited Sandoval -- a moderate Republican -- declined to endorse the Republican hoping to replace him as governor: Adam Laxalt.

The Nevada senate race is one being watched by the whole country.

Some observers say control of the United States Senate may be decided by the Heller-Rosen race. Trump came to Las Vegas in Vegas Legal Magazine Fall 2018 | Pg. 43

September to try to rally support for Heller (along with other local Republican candidates).

Outside money is pushing for Rosen, and Heller has used that fact to his advantage in television ads talking about how California is trying to buy the Nevada senate seat by bankrolling Rosen.

Still, money is money, no matter where it comes from. And Jacky Rosen had a great last quarter. She raised $7.1 million for her campaign from April through June, which was the latest reporting period. Heller’s totals had yet to be released by early October.

Recently, Sen. Heller answered questions about his re-election race, his opponent, and his plans for the future, with a reporter from Vegas Legal Magazine.

Vegas Legal Magazine Questions for Sen. Dean Heller VLM: Question 1: Recently, decades-old sexual misconduct allegations against Supreme Court Nominee Judge Brett Kavanaugh sparked a debate on how to verify such charges so many years later. As a senator deciding how to vote, how do you balance all these factors in a nomination hearing?

DH: I commend Dr. (Christine Blasey) Ford for bravely sharing her painful story with my colleagues. She deserved the opportunity to be heard. I also appreciate Judge (Brett) Kavanaugh’s compelling testimony in which he delivered a raw defense of his character and a vehement denial of the allegations. After listening to the testimony delivered during the hearing, I believe that both Dr. Ford and Judge Kavanaugh delivered genuine, but starkly different accounts while

Vegas Legal Magazine Fall 2018 | Pg. 44

under oath. While I am extremely disappointed by the way that Democrats approached the allegations and by the resulting media circus that ensued, I am supportive of the Administration’s decision to request a supplemental FBI background investigation that must be completed within one week. At this point, no corroborating evidence to support the allegations have surfaced and I hope that other senators will come to the conclusion that I have reached and support Judge Kavanaugh’s nomination.

EDITORS NOTE: Kavanaugh was ultimately confirmed to become a justice on the United States Supreme Court, with Heller voting for his confirmation, following the wrap-up of the FBI investigation.

VLM: Question 2: Do you agree with some who say a government shutdown, prior to the mid-term elections, would hurt Republican candidates?

DH: This Republican Congress has passed more appropriations bills on time this year than it has in twenty years, we avoided a government shutdown at the end of the fiscal year, 75 percent of the federal government has been funded on time this year, and other remaining agencies are funded until December 7, 2018. While this is significant progress, we must continue working through a regular budget process which is why I have repeatedly introduced the No Budget No Pay Act, which prohibits members of Congress from getting paid if they fail to do their job.

VLM: Question 3: Do you believe that Republicans need to get funding for the border wall secured before the mid-term elections?

DEAN HELLER DH: Border security is national security, and that’s why I’ve long said that Congress must prioritize efforts to secure our border and strengthen interior enforcement, as well as provide our border control agents with the federal resources necessary to do their jobs. That’s why I helped introduce the Building America’s Trust Act, legislation that would help secure the country’s borders, increase public safety, and enforce federal immigration laws. I also introduced legislation to expedite the removal of criminal gang members – like individuals associated with MS13 – and prevent them from entering the country. At the same time, I want a longterm solution for individuals who came here through no fault of their own, and that’s why I’m a cosponsor of the BRIDGE Act and why I’ve voted twice for a permanent solution. We are a nation of immigrants and our state – and our country - thrives because of immigrants’ many contributions to our communities. So, I know how important it is that we find a solution for those who came here through no fault of their own, and fix our system so that those who want to come here to pursue the American dream can continue to do so.

VLM: Question 4: Congresswoman Jacky Rosen, your opponent, claims that the so-called “Trump tax cuts” don’t do enough to help Nevada families and working-class Nevadans. How would you respond to those comments?

DH: Congresswoman Jacky Rosen is completely out-of-touch with hardworking Nevadans and middle-class families, and she must finally realize it because last week, she voted to make permanent these tax cuts that she alleges “don’t do enough for the middle class.”

Since the law was enacted, more than 30,000 jobs in the state of Nevada have been created, and recently, Nevada’s unemployment rate hit an 11-year low – the lowest level since before the 2008 economic downturn. As a direct result of tax reform, tens of thousands of Nevadans are benefiting from bonuses, raises, and expanded benefits on top of bigger paychecks and strengthened pensions. When I spoke with small business owners in Nevada shortly after our Tax Cuts and Jobs Act was signed into law, roughly nine in 10 said they plan to take action that includes increasing workers’ wages and investing in their companies as a direct result of tax reform.

This law is a win for workers and middle class families across our state. In fact, Nevada was ranked second among states when it comes to middle-income families who benefit most from tax reform. As a member of the U.S. Senate Finance Committee, I was proud to help write the Tax Cuts and Jobs Act. This legislation lowers rates for all income brackets. And, thanks to my ability to secure an amendment in the bill, gives families much-needed relief

by doubling the child tax credit from $1,000 per child to $2,000 per child.

Jacky Rosen has said she wants to turn back the clock to the days when Nevadans were struggling to make ends meet, and goodpaying jobs were hard to come by. She wants to reverse this booming economy by reinstating burdensome regulations and repealing the historic tax cuts that have helped give hardworking families a much-needed lift. To put that into perspective – while our national economy grew at a rate of 4.2 percent last quarter, during President (Barack) Obama’s eight years in office, GDP growth averaged just 1.9 percent. By opposing tax reform, Jacky Rosen is against this growth and prefers the status quo. Further, she has said that a $1,000 bonus is “crumbs.” I disagree. As the son of a Carson City school cook and auto mechanic I know that amount of money will go a long way toward ensuring there is food on the table, or that parents can purchase back-to-school supplies for their kids.

VLM: Question 5: With all the political polarization, do you see real bipartisan cooperation in Congress as a thing of the past?

DH: As the fifth-most bipartisan member of the U.S. Senate, my number one focus has always been the people of Nevada, and my record will show that I’ve worked with anyone who has good ideas that will move Nevada forward. Whether it’s working with Senator (Bob) Casey (D-Pa.) to reduce the VA disability claims backlog at a time when veterans waited on average more than 400 days for their claim to be approved, or leading the Republican charge to extend unemployment benefits in 2014 -- when Nevada’s unemployment rate was nearly double what it is now, I’ve been proud to partner with my friends across the aisle to navigate into law our legislation that helps Nevada’s communities.

Nevadans’ interests and priorities are my priorities and have always – and will always – transcend party lines. I remain committed to working with my colleagues on both sides of the aisle to pass into law my bipartisan proposals – ranging from ensuring pregnant women are treated fairly in the workplace to addressing the doctor shortages affecting our veterans – that will improve the lives of Nevadans.

VLM: Question 6: Both you and your opponent, Congresswoman Jacky Rosen, have competed for the support of Nevada veterans – and said you champion veterans. Why, specifically, should veterans vote for you?

DH: I will never stop fighting to ensure that Nevada’s 300,000 veterans have the benefits, care and support that they’ve earned and deserve. Take for example the Reno VA claims processing office,

Vegas Legal Magazine Fall 2018 | Pg. 45

which was ranked the worst in the country only several years ago.

I immediately took action and stepped in to correct this egregious problem, and as a result nationwide, 500,000 of our military heroes are no longer waiting for their health benefits.

of unemployment benefits. Under President Trump, I’ve voiced concern over the policy of separating families at the border and have successfully stopped the Administration from moving forward on their plans to restart Yucca Mountain every turn.

During my time in the U.S. Senate, more than 40 pieces of legislation that I’ve either authored or helped introduce to address the needs of our veterans and service members have become law. Meanwhile, my opponent has turned her back on the men and women who have served our country by skipping an important vote on legislation to help Vietnam veterans poisoned by Agent Orange, and fundraising with Hanoi Jane Fonda, who famously quipped that torture against American POWS was ‘understandable.’

VLM: Question 8: What would your top priorities be, should you win re-election in Nevada?

VLM: Question 7: Your opponent, Democratic Congresswoman Jacky Rosen, has said (in ads) that she stands up to Democratic leadership when it is in the best interest of Nevadans. But Rosen claims you won’t stand up to Republican leadership. How would you respond to this claim?

While I’m proud of my record and the accomplishments we’ve been able to achieve together during my time in the Senate, there’s more work to do. If re-elected this November, I look forward to working with Nevadans and my colleagues to tackle the opioid epidemic, improve our aging infrastructure, and help combat our state’s troubling veteran suicide rate.

DH: Congresswoman Jacky Rosen is a blind partisan who has repeatedly failed Nevadans during her short time in Congress. Jacky Rosen has voted with (Democratic Minority House Speaker) Nancy Pelosi (D-Calif) nearly 900 times, including against important legislation to fund children’s health care, bring accountability to the VA, provide terminally-ill patients the right to try, and more.

I have a long history of standing up for Nevadans and bucking Republican leaders to do what’s right for this state. During the economic downturn, I was the only member of the Nevada delegation to vote against the Wall Street bailout. And, I was the lead Republican cosponsor of a bipartisan, temporary extension Vegas Legal Magazine Fall 2018 | Pg. 46

DH: Nevada is on the right track, and as a strong supporter of pro-growth policies that cut regulation, and lower taxes, I am the candidate that will keep this economy booming. I am committed to making sure that we continue to create jobs, raise wages, and give hardworking families the relief that they deserve.

Question 9: Are you concerned with the timing of Special Counsel Robert Mueller’s upcoming report, which could come close to the mid-term elections?

No, I’m not. While I believe that the current investigation being conducted by Special Counsel Robert Mueller should be thorough and provide the American people with the answers they expect and deserve, I also believe that it should be completed expeditiously and not delayed or politicized.

Valerie Miller is an award-winning, Las Vegas Valley-based writer who can be reached at (702) 683-3986 or valeriemusicmagic@yahoo.com.

2018 SUMMER PARTY

APEX SOCIAL CLUB | KENNY HANNA, M.D.

LEGAL EXCELLENCE AWARDS

Vegas Legal Magazine is proud to award nine exquisite attorneys for their excellence in the field of law. These attorneys were inde-

pendently nominated by their peers within the city’s law community—attorneys, judges and other related professionals—and then meticulously interviewed and reviewed by our publication’s in-house legal advisors based on their performance in their field and in the community.

At Vegas Legal Magazine, we pride ourselves on our autonomy and unbiased reporting. In that vein, we’re proud that our honorees are being awarded based upon their own merit…merit that we, as a publication, are merely broadcasting. Merit that was hard earned from their peers. Congratulations to the following winners of the 2018 Vegas Legal Magazine Legal Excellence Awards. We hope your commitment and dedication to the field of law continues to serve and support your communities and the people in them for years to come.

Howard Ecker, Esq. Ecker Law Group Family Law

What made you want to become an attorney?

I was born and raised in New York City, specifically the borough of Queens. I attended and graduated from the University of Michigan, receiving my Bachelor of Arts Degree in Political Science in 1967. At that time, I wanted to continue my education by either obtaining a Ph.D. in Political Science or a law degree. Being admitted to New York University School of Law made that decision for me, since it was my desire to live in Greenwich Village in the late 1960’s. I was a hippie.

How has the legal profession changed here in the valley since you began practicing?

I was admitted to the Nevada State Bar in 1973. I began my career as a Clark County Public Defender, where I was employed over three (3) years. It was at the Public Defender’ s office that I learned my craft. In January of 1977, I opened my own office. 1n 1973, there were nine (9) Departments in the Eighth Judicial District Court. There was no Family Division at that time. By comparison, today there are fifty-two (52) Departments in the Eighth Judicial District Court, including the Family Division. Also, it is my recollection that less than one hundred (100) people took the Bar exam in the entire state in 1973. 1n those days, all the attorneys who practiced in Clark County knew each other. There were no Bar numbers, one’s name was sufficient. There were no fax machines, emails or instant messages. Attorneys talked with each other, sometimes by phone and often face to face. We met and talked at the courthouse. We had breakfast, lunch, and more often than not, drinks at the Annex Bar or Cohen and Kellys. We knew each other’ s weaknesses and strengths. Generally, we respected one another, the courts and the profession. Good, bad or indifferent, the attorneys in the valley when I began practicing had relationships, not Bar numbers.

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

As a family lawyer, one must counsel individuals in stressful and emotional situations. You must make time for your clients and be willing to meet with them frequently face to face. I advi se my clients to be truthful and candid. I advise them to only take action after thoughtful decision-making with my assistance. Talk with me first, then act. Lastly, I advise my clients to pay their attorney’ s fees.

Nedda Ghandi, Esq. Ghandi, Deeter, Blackham Family Law & Bankruptcy

Nedda is a Nevada native. She attended the William S. Boyd School of Law at University of Las Vegas. Her determination to get her client’s the results they seek has turned many client relationships into friendships and a significant referral network.

Nedda’s primary practice area is on the debtor bankruptcy, both individual and business. She also litigates complex family law cases that often involve family owned businesses or difficult custody battles.

Languages English Farci

Vegas Legal Magazine Fall 2018 | Pg. 51

LEGAL EXCELLENCE AWARDS

Benjamin Cloward, Esq. Richard Harris Law Personal Injury

Benjamin Cloward attended the University of Utah and graduated in 2005 with a bachelor’s degree in finance. He began law school at the University of Tulsa, College of Law. After excelling in his first year, Ben transferred to S.J. Quinney College of Law, University of Utah, where he graduated in 2008. While in law school, Ben received the Outstanding Achievement Award for Teaching Law in High School, the CALI Excellence for the Future Award for Property, and was on the Dean’s List. He also served as the President of the J. Reuben Clark Law Society and as a Judicial Intern for the then State Court Presiding Judge, Gregory K. Frizzell, who is now a judge for the United States District Court for the Northern District of Oklahoma.

Before joining Richard Harris Personal Injury Law Firm, Ben worked for a well-known Nevada insurance defense firm where he honed his litigation and negotiation practice skills. He also has received specialized training on the subject of low-speed, rear-impact crashes (LOSRIC).

Ben was born and raised in Salem, Utah. He attended Spanish Fork High School and, while in school, earned the prestigious Boy Scouts of America Eagle Scout award. His interests outside of work include spending time with his wife and daughter. He also enjoys hunting, bass-fishing, camping, and watching the Boston Red Sox.

Osvaldo Fumo, Esq. Pitaro & Fumo Criminal Defense

Osvaldo “Ozzie” Fumo is a first-generation American who has lived with his family in Las Vegas since 1976. A graduate of Bishop Gorman High School, Ozzie holds degrees from the University of San Diego and Whittier Law School.

Like his partner Tom Pitaro, Ozzie also maintains the highest rating (AV) for a criminal defense attorney from Martindale-Hubbell.

Practicing law in Nevada for over 20 years, Ozzie is a litigator primarily focused on criminal defense work. He is admitted in all levels of the State Court in the Eighth Judicial District, practices in the United States Federal Court District of Nevada, and has argued successfully in the Ninth Circuit court of Appeals.

Ozzie Fumo is also one of the few attorneys in town with experience in capital cases.

Ozzie often serves as a legal analyst for local television stations and is frequently quoted in the Las Vegas Review-Journal as an expert on various cases. Ozzie also sits as on of the select few Judges for the Police Use of Force Board.

His memberships and awards include The American Bar Association, Nevada Trial Lawyers Association, Nevada Attorneys for Criminal Justice, The National Italian American Bar Association, Past President of the Nevada Society of Italian American Lawyers, National Association of Criminal Defense Lawyers, and in 2006 was awarded the Outstanding Service Award by the State Bar of Nevada.

He is also an Adjunct Professor at the UNLV Boyd School of Law where he instructs Trial Advocacy, and was first elected to the Nevada State Assembly in 2016.

Vegas Legal Magazine Fall 2018 | Pg. 52

LEGAL EXCELLENCE AWARDS

Noah Malgeri, Esq. Legal Aid Center of Southern Nevada Patent Litigation

What makes your law firm different from others?

Legal Aid Center of Southern Nevada provides free legal services to our most vulnerable neighbors to address critical areas of need including family, consumer, bankruptcy, immigration and other areas of law. The legal services provided through Legal Aid are often the last measure preventing our clients from falling completely out of a healthy, functional existence and into poverty and worse.

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

My clients are other attorneys; I tell them that taking a pro bono case can restore flagging enthusiasm and faith in the law and legal system, make a greater impact than they are used to making at their regular job, offer more rapid gratification for both client and counsel, provide invaluable professional development opportunities, including to develop a new practice area. Pro bono work can offer opportunities to meet new counsel, practice before new courts, access to free CLE and recognition both within an attorney’s firm but also before the entire Las Vegas legal community and judiciary.

What are some of your goals for 2018?

My primary goal for the coming year is to finally achieve 100% representation of the foster children in Clark County through finding pro bono counsel to take on the remaining 250 cases we have unplaced. Our pro bono volunteers currently represent about 1000, or 30%, of all the foster children in Clark County! In conjunction with our staff counsel at Legal Aid Center, we represent nearly 90% of all foster children in Clark County. My goal is to let 2018 be the last year ANY foster child is without an attorney navigating the intimidating, terrifying, and dizzying world of family court for the purpose of finding a permanent home.

Steven Pacitti, Esq., LL.M. Dallas Horton & Associates Business Transactions & Tax Planning

Steven Pacitti’s practice focuses on business entities and transactions, real estate, estate and tax planning, intellectual property and sports/entertainment law.

In the field of sports and entertainment law, Mr. Pacitti represents world champion boxers, UFC Welterweight Champion Georges St-Pierre, Lightweight Champion Frankie Edgar, and WEC Featherweight Champion Jose Aldo, as well as several other athletes, managers, media, promoters, and sponsors in the growing mixed-martial arts industry. He also represents some of the world’s most famous celebrity impersonators and has negotiated, documented, and overseen numerous television, movie, music, and theatre productions.

Mr. Pacitti is a member of the advisory board for the University of Baltimore School of Law Center for Sport and the Law and speaker for the ABA Young Lawyers’ IP and Sports section.

In addition, he has negotiated license agreements with the Ultimate Fighting Championship (UFC), World Extreme Cagefighting (WEC), the Professional Bull Riders Tour (PBR), World Series of Poker, Planet Hollywood as well as, Elvis Presley Enterprises and the Frank Sinatra Estate.

Mr. Pacitti also handles hotel and private equity transactions. Over the course of his career, he has participated in well over $1 billion in hospitality property acquisitions nationally, as well as an extensive array of transactions affiliated with the hospitality industry.

Mr. Pacitti previously served as of counsel to one of Nevada’s largest and most prestigious law firms; top legal officer at a dynamic fast-rising supplement and energy drink company during a period of unprecedented expansion in the supplement and beverage industries; a full spectrum sports and entertainment company; and a national hotel company.

Mr. Pacitti received his B.B.A from St. Bonaventure University in New York, Juris Doctor from the University of Toledo, College of Law, an LL.M. from the University of Florida, College of Law.

Vegas Legal Magazine Fall 2018 | Pg. 53

LEGAL EXCELLENCE AWARDS

Paola Armeni, Esq. Gentile, Cristalli, Miller, Armeni, Savarese Criminal Defense

Paola Armeni gained great insight in legal court proceedings while serving as a law clerk to the Honorable Joseph T. Bonaventure of the Eighth Judicial District Court in Las Vegas, Nevada. As an attorney, she has participated in the only impeachment hearing of a Nevada public official, and assisted in several high profile criminal cases tried in both the United States District Court and Eighth Judicial District Court. She has also been successful in civil rights actions against the Las Vegas Metropolitan Police Department, most recently receiving a jury award of approximately 2.1 million dollars.

Distinctions: • Ms. Armeni was selected as the recipient of the Myrna Williams Children’s Pro Bono Award by the Legal Aid Center of Southern Nevada. This award is given in honor of Myrna Williams, and recognizes an attorney who has done an extraordinary job in giving a voice to our communities’ most vulnerable victims.

• Ms. Armeni also received the “40 Under 40” Award from the Las Vegas Business Press for 2012 and received the inaugural Young Lawyer of the Year Award from the State Bar of Nevada in 2011.

• She has been selected as a Super Lawyer for 2014-2018 and recognized by Super Lawyers® Magazine as Mountain States Rising Star for years 2009-2013. This tremendous distinction is shared by only 2.5% of the state’s total attorneys.

• She received the inaugural William S. Boyd School of Law 2008 College Alumni of the Year.

• Ms. Armeni was selected by her peers as one of the top attorneys in Nevada and recognized in the Nevada Business Magazine as a Legal Elite.

She is among only 1% of Nevada attorneys to be named as such in 2012 – 2013. She was also selected as one of Nevada Business Magazine’s, Top 50 Up & Coming Attorneys for 2012 as well as a VEGAS INC. Top Lawyer.

• Ms. Armeni has been rated as an “AV/Preeminent Attorney®” by Martindale-Hubbell®. She is also a member of the Legal Aid Center of Southern Nevada “50 Hours Club” for her donated service.

• She is the only lawyer in Nevada to receive the Best Lawyers® recognition in the area of Civil Rights Law, and the state’s only female attorney awarded in the areas of Criminal Defense: General Practice and Criminal Defense: White Collar.

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– Stephen King

Land Rover & Jaguar Move To A New Home –By Rick Nelson

After nearly 20 years at our Sahara Avenue location, we have outgrown

our facility. When we started out we were only a Land Rover store and at that time we had less than 20 employees. Today, with the addition of Jaguar two years ago, we have over 70 employees and are still growing.

for a combined powertrain of 398 horsepower. Because the electric motor can be utilized separately from the petrol engine, one can conceivably commute to work and back with just electricity because it alone has a 31mile range.

Not only is this a brand-new state-of-the-art facility, but it will be staffed with a dedicated professional team ready to help you obtain a vehicle that fits your lifestyle and service it as well. Inside the 47,000 square foot structure will be something we have never had: Electric plug-in (EV) and plug-in hybrid electric vehicles, also referred to as a PHEV vehicle.

On the Jaguar side there is the I-Pace. It is a plug-in only set up. With a dual-motor set up and 90kWh battery, it has a 0-60 time of 4.5 seconds and a range of 270 miles. Charge times can vary depending on type of charging system used, but it can be as fast as a 0-80 percent charge in 40 minutes at a 100kW DC fast charging station.

The Range Rover and Range Rover Sport SUVs each have a 2.0-liter, 296 horsepower 4-cylinder engine and a 13kW motor sporting 114 horsepower

Land Rover and Jaguar are excited for our new future home and our new focus on the electric powered auto market.

STATE

Of The

MARKET

– By Mark Martiak

On the last day of the third quarter, the financial markets continued to climb higher. By the end of the first week in October, stocks were defying the history cited here recently, slumping sharply in the Thursday and Friday sessions.

Bonds received blame for stock’s two-day slump, as longer-term Treasury yields rose above their previous 2018 peaks to their highest level in seven years, pressuring equities” valuations. Strong U.S. economic data underpinned expectations for future Federal Reserve interest-rate hikes.

Nonetheless, U.S. fundamentals remain good. While growth is likely to moderate somewhat through the end of the year, it is relatively high and should be supported by robust labor markets and stimulus from the tax cuts and February budget. Corporate earnings have also been strong and boosted by tax cuts. Finally, the United States may be better positioned for a downturn than other major economies: with the Federal Reserve hiking rates and rolling off its asset purchases during quantitative easing (QE), I believe it will have more flexibility than the European Central Bank (ECB) or Bank of Japan (BoJ) to add stimulus if necessary.

U.S. market performance in the third quarter reflected this optimistic economic outlook. U.S. equity markets outperformed other regions, bringing S&P 500 Index year-to-date returns to 10.6%. Similarly, the yield on the 10-year Treasury rose to 3.05%.

Volatility as measured by the CBOE Volatility Index (VIX) and by daily high/low spreads for the S&P 500 Index declined from earlier in the year but remained above 2017 levels. Sector and factor indices experienced some rotation, but their returns reflected tech and growth outperformance on a year-to-date basis. (1) While rising interest rates garnered most of the market coverage to start the fourth quarter, it wasn’t until the only story behind the early October swoon. Big bank, JPMorgan’s cross-asset strategy team called the Fed policy mere “ambient noise” compared with what it viewed as the biggest factors: Italy, oil and China.

Italy’s populist governing coalition must submit its draft 2019 budget to the European Commission (EC) by October 15th. On September 27th, the coalition agreed to a budget deficit of 2.4% for the next three years, reversing plans by the previous government to achieve a balanced budget in 2020. While the details have yet to be released, on the surface the plan seems likely to lead to: confrontation with the EC, new concerns about Italy’s medium-

term debt sustainability, and possibly credit rating downgrades.

Second, the United Kingdom likely needs to conclude a withdrawal agreement with the European Union (EU) before the end of the year to leave enough time for approval. The risk of a “hard Brexit” or even a Brexit with no agreement by 30 March 2019 is rising, with significant consequences for markets and the UK economy.

Oil prices continue to move up like bond yields. With Brent crude hitting a 2018 high above $86.00 a barrel. JPMorgan sees the price of the international benchmark heading toward $90.00, with Russia and OPEC not making up for supply shortfalls. “The U.S. probably could not have chosen a worse time to sanction Iran” with the oil market already in deficit by 500,000 to a million barrels a day, the banks strategist’s concluded. (2) China has maintained rapid growth since the global financial crisis in part through rising leverage, particularly in the corporate sector, where debt is now 164% of GDP. Reducing debt and financial system risk has become a priority in Xi Jinping’s second term.

However, several economic indicators have recently suggested that slowing credit growth has reduced economic activity. In response, Chinese policymakers have begun to ease credit access and prices (Exhibit 4). We are watching for further monetary easing and fiscal stimulus, as authorities seek to calibrate policy to both rebalance the economy and maintain rapid growth, a challenge made even more difficult by trade conflict with the United States. (3) Exhibit 4: Chinese Authorities Are Easing Policy Three-Month SHIBOR

As of September 28th, 2018, End-of-week values Source: Haver Analytics, People’s Bank of China

Fed Chairman Jerome Powell declared in an interview aired in early October on PBS that interest rates remain “accommodative”, but that policy is headed toward “neutral” and possibly beyond. “but we’re a long way from neutral at this point, probably”, he concluded.

Vegas Legal Magazine Fall 2018 | Pg. 65

STATE OF THE MARKET

“I believe the equities market continues its bull run. Fixed income and the real estate sector will be challenged in this rising interest rate inflationary environment.”

It appears the Treasury market is absorbing that realization. In my opinion that’s a negative for stock valuations in the short-term and, at a minimum, a headwind for the U.S., economy. There’s also some skepticism over higher oil prices.

closing price for the index as of October 4th. The bottom-up target price is calculated by aggregating the median target price estimates (based on company-level estimates submitted by industry analysts) for all the companies in the index. On October 4th, the bottom-up target price for the S&P 500 was 3205.51, which was 10.5% above the As for tailwinds, overall, I remain optimistic about U.S. economic closing price of 2901.61. (5) fundamentals. The broadening of household income growth to middle- and low-income households that began around 2014 has I am a Strategist, a Financial Planner, not an Analyst, though I follow continued. Robust labor markets signal that it should be sustained, them all closely. I take a holistic approach. With what I am seeing, as do signs that wage growth is beginning to grind higher after I believe the equities market continues its bull run. Fixed income stalling in 2017. Fiscal stimulus from February budget and tax cuts and the real estate sector will be challenged in this rising interest are adding to momentum, with the latter also boosting corporate rate inflationary environment. Alternatives such as hedge funds, earnings. commodities and private equity deserve an investor’s consideration as an allocation for hedging volatility and for non-correlation asset However, I am concerned that Fed tightening against a backdrop classes compared with fixed income and stocks in their portfolios. of slowing stimulus and increasing U.S. protectionism could derail When you want to be defensive, Cash is your friend. economic growth and sentiment over the medium term. The impact of protectionism is playing out with China bilateral tariffs Mark Martiak is a New York based Investment Advisor Representative for Premier Wealth Advisors LLC. Mark is a regular Contributor for VEGAS LEGAL MAGAZINE and can be more meaningful for markets than for the economy who has appeared on CNBC’s CLOSING BELL, YAHOO! FINANCE MIDDAY and are difficult to assess at an individual company level. This MARKET MOVERS, FOX BUSINESS NETWORK and has been quoted in THE WALL mixed outlook makes careful risk assessment of stocks and security STREET JOURNAL. selection particularly important in my view.

Q/3 Earnings kick-off on Friday, October 12th with three banks reporting: JPMorgan, Wells Fargo and Citi scheduled. I always say that during this decade long bull cycle, corporate earnings can provide a real catalyst for the market marching higher or disappointment sending the market lower.

According to FACTSET, as of October 5th, the S&P 500 is expected to report earnings growth of 19.2% for the third quarter. What is the likelihood the index will report actual earnings increase of 19.2% for the quarter? Based on the average change in earnings growth due to companies reporting positive earnings surprises, it is likely the index will report earnings growth above 20% for Q3, but below the 25% growth reported in the previous two quarters (Q2 2018 and Q1 2018).

Industry analysts in aggregate predict the S&P 500 will see a 10.5% increase in price over the next twelve months. This percentage is based on the difference between the bottom-up target price and the

Vegas Legal Magazine Fall 2018 | Pg. 66

Securities offered through: First Allied Securities, Inc. A Registered Broker/Dealer.

Member: FINRA /SIPC. Advisory Services offered through: Premier Wealth Advisors, LLC. (PWA) & First Allied Advisory Services, Inc. (FAAS). Both Registered Investment Advisers. PWA is not affiliated with First Allied Securities, Inc or FAAS.

Such forward-looking statements are subject to significant business, economic and competitive uncertainties and actual results could be materially different. There are no guarantees associated with any forecast and the opinions stated here are subject to change at any time and are the opinion of the individual strategist. Data is taken from sources generally believed to be reliable, but no guarantee is given to its accuracy.

Indexes are unmanaged, and investors are not able to invest directly into any index.

Past performance is no guarantee of future results.

Sources: 1. LAZARD ASSET MANAGEMENT OUTLOOK ON THE UNITED STATES 2018 October 5 2. BARRON’S: October 5th, 2018 Rising Yields Could Batter Stocks 3. LAZARD ASSET MANAGEMENT OUTLOOK ON THE UNITED STATES 2018 October 5,2018 4. Exhibit 4: As of September 28th, 2018, End-of-week values Source: Haver Analytics, People’s Bank of China 5. Earnings Insight, October 5th, 2018 by John Butters, Senior Earnings Analyst at FACTSET

Understanding Depreciation – By Donovan Thiessen, CPA

When a business orders furniture, equipment, supplies, or

inventory, consideration to accounting policies should be part of the equation for management. Expenses for interior improvements, new vehicles, software, repairs and maintenance items, and in general items that have useful lives in excess of one year, can be treated as ordinary expenses and deductible. These expenses can be deducted in the year a payment was made; but the same is not true of capital expenditures. Capital expenses must be expensed over a period of time, anywhere from 3 to 39 years depending on the asset type and its relative useful life. This concept is referred to as depreciation; the cost recovery is over time rather than in the year it was actually acquired and placed in service. This article is a primer on depreciation and related analysis of the tax reform signed into law last year. Depreciation may be treated differently for accounting than it is for tax purposes. We will focus on tax depreciation but also touch on expensing items on your books.

A computer purchased today could be fully expensed as a ‘repair and maintenance’ item. It could be ‘capitalized’ and depreciated evenly over a period of five years. (Five years is the useful life and recovery period for depreciation purposes for a computer. The useful life varies for software, furniture, leasehold improvements, and residential and nonresidential properties etc.). It could be ‘capitalized’ and subject to accelerated depreciation, whereby you take a greater expense percentage in the earlier periods and less in the end. It could be ‘capitalized’ and still fully expensed in the year that you place it in service. This may seem overwhelming for the layman business owner; but you just need to understand that there are options, and you should communicate your ideas to your tax adviser before you make a purchase.

Vegas Legal Magazine Fall 2018 | Pg. 68

Until three years ago, the decision to capitalize and depreciate an item was less liberal than it is today due to tangible property regulations. Today, companies typically set written accounting standards allowing them to expense from $2,500 to $5,000 per unit. Items up to $2,500 are generally considered a de minimus expense, but larger companies can set the threshold up to $5,000.

Items exceeding $5,000 per unit generally require you to depreciate the asset over its useful life.

Depreciation expense for tax purposes has several options that allow the business to accelerate the deduction so that you can take most or all of the expense in the first year that the assets are placed in service. The layers for tax are Section 179 depreciation deduction, bonus depreciation and regular depreciation (accountants may refer to this as MACRS, modified accelerated recovery system).

Internal Revenue Code Section 179 allows a business to expense up to $1,000,000 in assets each year with an election on the entity’s income tax return. This was increased in the recently passed tax reform from $500,000 to $1,000,000 for assets placed in service after December 31, 2017. During a tax year if more than $2,500,000 in assets are capitalized and placed in service, the Section 179 deduction begins to phase out. This deduction is an annual election and the basis of the asset is reduced first by the amount of this deduction. Assets purchased new or used such as computers, furniture, vehicles, software and qualified leasehold improvements generally qualify for Section 179 expensing. This deduction cannot be taken by a Trust and it is limited to taxable income for the taxpayer. In other words, if the current year Section 179 deduction is $20,000, but taxable income before the deduction

is $10,000, then the Section 179 deduction is limited to $10,000 and the remaining unused deduction is suspended and available for use in future tax years. If this situation were to actually arise, I might recommend electing $10,000 as Section 179 and allow the remaining $10,000 to be deducted as Bonus Depreciation.

Bonus depreciation (BD) is generally taken by taxpayers after Section 179 is depleted unless there is no taxable income to take Section 179. BD is a mandatory deduction unless you elect not to take it. For assets placed in service after December 31, 2018, new and used equipment that qualifies for BD treatment can be 100% deducted. There are exceptions and limitations depending on the asset purchased, such as vehicles. Similar to Section 179, BD reduces the cost basis of the qualifying assets. Note that the recent “Trump” tax reform increased BD from 50% to 100%, a move that is welcomed by business owners looking to expand and grow.

After taking Section 179 then Bonus depreciation, accelerated depreciation is taken until the assets are fully depreciated. It is possible that for 2018, a taxpayer purchased $20,000 in new furniture and takes all three types of depreciation expense in the same year. Business owners should seek a CPA that is able to accurately maximize and track the deduction and adjusted basis of these assets over time.

One of the most popular purchases over the last few years and one that will undoubtedly be good news for taxpayers are the tax deductions available for purchasers of heavy SUV’s weighing over 6,000 pounds. For vehicles that qualify for this treatment, a taxpayer

can first deduct $25,000 as Section 179 expense. Then they can deduct 100% of the remaining basis as Bonus depreciation, all in the first year the vehicle is placed in service. In prior years the first $25,000 was available but BD was limited to 50% of the remaining basis and then approximately 20% of the remaining basis could be deducted in the first year, with the remaining basis deducted ratably over the remaining 5 years. Business owners were already happy with that treatment, but this new change should have them rethinking the type of vehicle purchased. Limitations for passenger automobiles with a Gross Vehicle Weight Rating (GVWR can be found on the driver door panel labels of most cars) weighing less than 6,000 are far more restrictive than buying an SUV with GVWR exceeding that threshold. Vehicles can be new or used but must be new to the taxpayer and first placed in service after 12/31/17.

Depreciation and asset acquisition strategy is a popular item to review before a tax year ends. There are additional details on this subject that cannot be covered in this necessarily brief article; a tax professional may spend years learning the fundamentals and nuances of depreciation. Incidental advice in this article should be considered and discussed with a tax professional and should not be relied upon for tax planning or for defending tax positions.

Donovan Thiessen, CPA is The Accountant. He partners with growth driving entrepreneurs who seek value from, and take action based on their accounting data.

You may reach Donovan at donovan@theaccountantcpa.com or 702-324-7421.

Vegas Legal Magazine Fall 2018 | Pg. 69

MONEY MATTERS Planning For A New Beginning & Your Path To Financial Independence After Divorce –By Andrew Schneider, Financial Advisor

Major

relationship transitions can be overwhelming, both personally and practically. Dealing with the impact of divorce on your financial life can make an emotionally difficult time even more challenging. Although divorce is seldom easy, you can prepare for it—and being prepared will help you feel more in control and better equipped to make informed, confident decisions about your financial future.

Assembling a Team of Trusted Advisors Going through a divorce can be lonely, which is all the more reason to surround yourself with an experienced team of advisors who can provide critical guidance and caring support. To help you through the process, consider building a team that includes: • An attorney who safeguards your best interests and can deal objectively with the many complex, often emotional, issues that may arise.

• An accountant who can advise you on changes to your tax status.

• A personal counselor, such as a therapist or a clergyperson, who can help you cope with private, personal issues you may not feel comfortable discussing with a legal or Financial Advisor.

• A Financial Advisor who focuses solely on you—and your needs and wishes—and who can help you create and implement strategies for helping you achieve your goals.

Understanding Who Gets What Divorce involves not only an emotional separation, but also a financial one. Determining which assets you will own, and which

Vegas Legal Magazine Fall 2018 | Pg. 70

will be owned by your former spouse, is part of the process. While the specifics vary from state to state, you should be aware of some important concepts: • Marital property includes virtually all property you and your spouse acquired during the marriage. This includes real estate, investments, bank accounts, art collections and other physical property.

• Individual property includes property that was given to or inherited by you, acquired before marriage or acquired using property that was a gift, inheritance or already owned before marriage. It also includes any property that was excluded by a premarital or other agreement.

How marital property is divided depends on where you live. Most states rely on the concept of equitable distribution, where the goal is to achieve a division that is fair based on contribution of each spouse, length of the marriage, child custody needs and each spouse’s financial needs, circumstances and prospects. Some states, such as Nevada, adopt a community property approach, where marital property is divided evenly between the spouses.

Taking Control of Your Financial Life As you prepare for the next chapter of your journey, you will need to consider the following key aspects of your financial life: • Your credit. Good credit translates into financial flexibility, so check your credit report and protect your credit rating by closing joint credit cards and other joint accounts.

• Your health and retirement. Make sure you understand your options for healthcare coverage and how much it will cost. You will also want to know whether you and your former spouse have a beneficiary interest in each other’s retirement plans.

• Your estate. If you have a trust, find out what happens if your former spouse remarries. Don’t forget to review your life insurance policy, if you have one, and consider designating a new beneficiary.

It is also wise to review your estate planning documents—your will, healthcare directive, power of attorney and retirement accounts— and explore your options for changing fiduciary or beneficiary designations.

• Your children. You may need to prepare for child support, as well as the costs of tuition. extracurricular activities and healthcare.

Your change in circumstances is an opportunity to revisit and reset your priorities and start fresh. Regardless of how complex your situation may be, a Financial Advisor with experience coaching people through life transitions can help you identify your specific financial needs and goals, and then bring together the right resources to help you move forward in your new life with confidence.

Disclosures Article by Morgan Stanley and provided courtesy of Morgan Stanley Financial Advisor.

Andrew Schneider is a Financial Advisor in Las Vegas at Morgan Stanley Smith Barney LLC (“Morgan Stanley”). He can be reached by email at andrew.schneider@ morganstanley.com or by telephone at (702) 792-2060. His California Insurance License # is 0M31624. His website ishttps://fa.morganstanley.com/andrew. schneider This article has been prepared for informational purposes only. The information and data in the article has been obtained from sources outside of Morgan Stanley.

Morgan Stanley makes no representations or guarantees as to the accuracy or completeness of the information or data from sources outside of Morgan Stanley.

It does not provide individually tailored investment advice and has been prepared without regard to the individual financial circumstances and objectives of persons who receive it. The strategies and/or investments discussed in this article may not be suitable for all investors. Morgan Stanley recommends that investors independently evaluate particular investments and strategies, and encourages investors to seek the advice of a Financial Advisor. The appropriateness of a particular investment or strategy will depend on an investor’s individual circumstances and objectives.

Morgan Stanley Smith Barney LLC (“Morgan Stanley”), its affiliates and Morgan Stanley Financial Advisors and Private Wealth Advisors do not provide tax or legal advice. Clients should consult their tax advisor for matters involving taxation and tax planning and their attorney for matters involving trust and estate planning and other legal matters.

Insurance products are offered in conjunction with Morgan Stanley Smith Barney LLC’s licensed insurance agency affiliates.

Andrew Schneider may only transact business, follow-up with individualized responses, or render personalized investment advice for compensation, in states where he is registered or excluded or exempted from registration, https:// fa.morganstanley.com/andrew.schneider © 2018 Morgan Stanley Smith Barney LLC. Member SIPC. CRC 2165638 07/2018

LAS VEGAS

REAL ESTATE

Invest Now Before The Market Gets RAIDED! –By Eric Gorton,The Gorton Group

Real estate is sizzling in Las Vegas and there has never been a

more exciting time for this market. With upcoming construction projects like the Raiders Stadium, the growth of new jobs and the influx of new residents moving to our city, now may be THE pinnacle time to buy.

Sports + Jobs = Value The excitement of the Raiders coming to Las Vegas extends well beyond enjoying football games in the desert. The completion of the stadium will bring many new jobs to the city and will also attract new investment into the area in terms of new businesses and restaurants. This impact on the job market will no doubt increase the attraction for new residents to move to Las Vegas. We have already seen an increase in residents moving here from California to take advantage of Nevada’s low property taxes and zero income tax. Now, with the excitement of sports already present, thanks to the Golden Knights, expect the Raiders to add significant enticement for more people to relocate to Las Vegas. People love to live in exciting cities and the stadium will be a likely future host of more major events such as concerts, national championship football games and potentially even a super bowl. What does this mean for housing? Simple…more residents create a higher demand for housing and more demand equals higher values. That’s what I call a jackpot in the housing market.

Highlands is already a gorgeous neighborhood and has plenty of land available for development. Plus, its proximity to the I-15 and I-215 makes it an ideal neighborhood just on convenience factors.

It is perfectly located in between Henderson and Summerlin with a great direct route to the strip. Not to mention, the Clark County Commissioners earlier this year approved the plans to build the Bend. The Bend will be a new retail, restaurant and entertainment plaza in the southwest corner of town just off the I-215 near Sunset and Durango. Developers are already making claims it will rival downtown Summerlin and Town Square.

It’s an exciting time to live in Las Vegas and the future looks better than ever. Interest rates are still low but slowly increasing. If you are looking to buy a home, whether for an investment or for your family, time is of the essence before values start to skyrocket and interest rates get higher.

Eric Gorton of The Gorton Group has been representing buyers and sellers in the greater Las Vegas area over the last sixteen years. Consistently being identified in the Top 1% of sales in the valley Eric is a specialist in all things residential real estate.

Contact Eric today. 702-296-2254. Eric@GortonLuxury.com | www.GortonLuxury.com

Keep Your Eyes South & West The whole valley is experiencing growth, but for those looking to make calculated investments into housing I love the south part of town and the southwest corner. South Las Vegas is the focus of some major developments in the coming year. We’ll see a new Raiders practice facility as well as new homes being developed just off the I-15 south of Silverado Ranch. If you haven’t noticed, there is already construction underway to add a new exit off the I-15 to create easier access to the new Costco opening late this year at the St. Rose and Maryland Parkway intersection. Why is Cotsco important?

Because families love affordable groceries, thus the housing in the area becomes much more attractive. Move a little west and you are in potentially the next big thing–Southern Highlands. Southern

Vegas Legal Magazine Fall 2018 | Pg. 73

BAR REVIEW

CLEAVER

Butchered Meats, Seafood & Cocktails –By Tyler Morgan

Cleaver, the newest steakhouse in Las Vegas is an absolute hit! It

should be expected though coming from the creators of Herbs & Rye. But this is no replica of a Las Vegas staple in a new location. No, Cleaver is the fancy stylish brother of the hip cool Herbs & Rye. At Cleaver, steak and craft cocktails still reign supreme, but the scales are slightly tilted toward the kitchen. The menu is as delicious as it is creative. Starters range from charred bone marrow and foie gras to classics like steak tartar and calamari. But, the starter of choice is a Cleaver favorite– squid ink pasta served as chef Mariano Ochoa’s twist on pasta carbonara. But, the focus at Cleaver is on the steaks.

Large sizzling steaks exit the kitchen all night. From the 14oz new york strip to the tomahawk ribeye, I thought I saw it all. That was until I saw the 120oz Cleaver ribeye. And if the selection of steaks wasn’t exciting enough, you’ll enjoy the selection of enhancements.

Diners can choose from a plethora of additions, crusts, rubs, butters and sauces. The red wine glaze sauce is our favorite.

As for cocktails you’ll find classics like the Manhattan and the Pimm’s Cup, but the fun is in trying the not so well-known cocktails that might turn your dinner plans into a drinking adventure. Try the Porn Star Martini or the Polynesian Pearl Diver. Cleaver is the perfect blend of bar and restaurant. The bar and its tenders are top notch and the restaurant is a classy setting that caters to all our carnivorous desires. Oh, and that happy hour you know and love at Herbs & Rye? Cleaver has it too!

3900 Paradise Road Las Vegas, NV 89119 (702) 538-9888 5:00 PM - 3:00 AM

Vegas Legal Magazine Fall 2018 | Pg. 75

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Neck & Back Injuries AFTER A CAR ACCIDENT –By Andrew Cash, M.D.

According to the National Safety Council, 4.6 million people were

seriously injured in car accidents in 2016. While some injuries can be minor and heal relatively quickly, other injuries, even following minor auto accidents, can cause severe injuries. Injuries can occur as prevalent in slow speed accidents as they do in high speed accidents.

Regardless of the injuries and the number of affected body parts, symptoms are not necessarily felt immediately following the accident. With that said, it’s important ALL symptoms are addressed-whether minor or severe.

It is important to understand the common injuries associated with auto accidents and the recommended treatment.

The most common injuries following car accidents are in the neck and back regions. Neck and back injuries tend to result from damage to muscles, tendons, ligaments, discs, joints and bones.

Some symptoms can include: • Pain in the neck, back, head, shoulders; • Radiating pain, numbness, and tingling; • Pain that worsens with activity; • Difficulty focusing, migraines, headaches and dizziness; • Numbness, prickling, burning, tingling; • Restricted range of motion; • Inability to lift something or difficulty walking, sitting, reaching; • Bump or deformity near injury; and/or • Redness, bruising, inflammation or swelling.

Whiplash Most commonly in rear-end collisions are whiplash related injuries.

Whiplash occurs when the head and neck are thrown forward and back (or side to side) with force. This can cause damage to the muscles, ligaments and tendons of the neck.

Whiplash symptoms can include: • Neck pain and stiffness; • Worsening of pain with neck movement; • Loss of range of motion in the neck; • Headaches, most often starting at the base of the skull; • Tenderness or pain in the shoulder, upper back or arms;

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• Tingling or numbness in the arms; • Fatigue; • Blurred vision; • Ringing in the ears (tinnitus); • Sleep disturbances; • Irritability; • Difficulty concentrating; • Memory problems; • Depression; and/or • Dizziness.

Diagnosing Whiplash Your doctor will ask questions about what happened, frequency of pain, severity of the pain and what makes your symptoms better or worse. Your doctor may also ask about how your symptoms are affecting your daily life.

A typical exam may include: • Your doctor moving your head and neck, to check for range of motion in your neck and shoulders; • Examining which motion causes pain or an increase in pain; • Targeting any tenderness in the neck, shoulders or back; and • Checking your reflexes, strength and the sensation in your limbs.

Imaging Imaging may be used to show or rule out some conditions. You can anticipate your doctor requesting one or more of the following imaging tests: • X-rays: Particularly of the neck; • CT: This special type of X-ray can produce cross-sectional images of bone and show possible bone damage; and/or • MRI: This imaging test uses radio waves and a magnetic field to produce detailed 3-D images. In addition to bone injuries, MRI scans can detect some soft tissue injuries, such as damage to the spinal cord, disks or ligaments.

Bone Fractures In some instances, the force of an accident can lead to broken bones.

A common spinal fracture is known as a compression fracture. A

compression fracture is a crack in the vertebrae that can lead to a collapse of the vertebrae. Spinal fracture can be extremely painful, cause numbness, muscle weakness and pain when sitting or walking. Depending on the severity of the fracture, the treatment may vary from rest and minimal movement to surgery.

Common symptoms of vertebral fractures typically include one or a combination of symptoms: • Sudden onset of back pain; • Standing or walking will usually make the pain worse; • Lying on one’s back makes the pain less intense; • Limited spinal mobility; • Height loss; and/or • Deformity and disability.

Questions your doctor may ask during an exam to diagnose a spinal fracture are: • When did the pain start?

• Was it sudden or gradual?

• Where is the pain?

• What is the intensity of the pain?

• What activities or positions tend to make the pain feel better or worse?

• Does the pain radiate down the leg or arm or to other parts of the body?

Treatment for Spinal Fractures Treatment for a spinal fracture may include conservative care such as rest, pain medication, use of heat or ice for local pain, and limitation of activities until the pain subsides. Braces help maintain spinal alignment and immobilize the spine during healing.

They also help control pain by limiting movement. Some fractures may only need a brace, such as a rigid collar for the neck or a lumbar brace for the lower back. A brace is usually used for 8 to 12 weeks. Some neck fractures or dislocations may require traction for the spine to return to its correct position.

Surgery may also be a recommended option. The two most common types of surgery for a compression fracture are vertebroplasty and kyphoplasty.

Both can help relieve pain and help the fracture heal.

Vertebroplasty is a minimally invasive treatment designed to help reduce or eliminate pain caused by a fractured vertebra and stabilize the bone. A low viscosity polymer is injected directly into the collapsed vertebral body under high pressure, with the goal of stabilizing the fracture and relieving the associated back pain.

Kyphoplasty is similar to vertebroplasty. Kyphoplasty is a minimally invasive procedure designed to reduce or stop the pain caused by a spinal fracture, to stabilize the bone, and to restore some or all of the lost vertebral body height that can result from the fracture.

Disc Injuries Torn, slipped, ruptured, herniated and bulging discs can press against nearby spinal nerves. Discs cushion the vertebrae in the spine. In an

accident, discs can sustain injuries because of the force exerted on them.

A herniated disc happens when the soft, gelatinous center of a spinal disc pushes the fibrous outside casing of the disc. The force of an accident can also cause the discs to shift. This can be described as a bulging, herniated, protruded, or extruded disc. These injuries can result in nerve compression resulting in pain, numbness and/or weakness in the neck, arms, legs or back.

Disc Injuries are diagnosed with imaging and many are usually treated conservatively. Doctors often address pain relief and physical and/or chiropractic therapy will be incorporated. A combination of conservative treatment options can be used to ease discomfort and pain. Therapy, exercise and gentle stretching can help relieve pressure on the nerve root. Ice and heat therapy are common for pain relief as are chiropractic adjustments. These conservative therapies are generally used through at least the first 6 weeks. In some cases, surgery may be used to treat the injury if the disc injury is severe and is causing related symptoms of numbness, weakness or interfering with normal activities.

Surgical Treatments In many cases, the surgeon removes only the protruding portion of the disk.

Usually making a small hole and using a microscope for the discectomy.

Another option might be an artificial disc replacement. A third common option is a fusion which grows two or more bones together while being rigidly held with screws and rods.

Spondylolisthesis Vertebra can slip or move abnormally relative to the vertebra beside it. If the vertebra slips too far, it may press on nerves and cause severe back pain or nerve crowding that produces leg pain or numbness. Initial treatment may include rest and medication. Severe spondylolisthesis may require surgery.

Some symptoms include: • persistent lower back pain; • stiffness in your back and legs; • lower back tenderness; and • leg pain, numbness, weakness.

The treatment for spondylolisthesis depends on the severity of pain and vertebra slippage.

Common nonsurgical treatment methods include: • wearing a back brace; • doing exercises; • taking over-the-counter or prescription anti-inflammatory drugs (such as ibuprofen) to reduce pain; and • using epidural steroid injections.

Surgical correction of the misplaced vertebra is required when the patient doesn’t respond to nonsurgical therapies. Surgery might be required if the bones of your spine are pressing on your nerves. To ensure that your back or neck injury heals as quickly as possible, early diagnosis and treatment preferred.

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From Concept To Virtual Reality –By Don Logay, What’s New Guru

As “What’s New Guru” I attend numerous trade shows and check out

lots of magazines and trade publications looking for new and exciting products, intriguing concepts and “gotta have” gadgets that make life just a little bit better.

Here’s one of the latest new cutting-edge uses for virtual reality I found that’ll have you sketching dreams on napkins… and “living” that dream in just a matter of days.

Planning to build a new multi-million dollar mansion… or a lavish waterfront getaway on a secluded white sand beach? While it could take as much as a year or more to complete construction, today you can be walking through your new dream residence – room-by-room and experiencing what is to come in incredible detail – in less than two weeks from when your ideas first begin.

Unlike 3D Virtual Realty tours for “existing” spaces, Simonson Design Studios is a leader in producing fully immersive Virtual Reality walk-

throughs of what is yet to be built way before plans are drawn up or the first shovel of dirt is turned.

Starting with an Architect or Builder’s initial CAD drawing, or a simple rough sketch of a floor plan (“yes, even on a napkin”), Simonson graphic designers can quickly develop a fully immersive Virtual Reality walkthrough of a project – in just a matter of days – along with a vast array of supporting visualizations, from Augmented Reality views, showing the project on one’s actual property, to detailed color Renderings (as seen here) and Sunlight Studies, showing natural illumination at different times of day… to name but a few.

Until a few weeks ago, this dramatic 15,000 sq. ft. private residence, designed by award-winning Las Vegas Architect, Richard Luke, existed only in concept. Yet, the owners were able to experience every exciting detail while it was still being planned, well before blueprints were finalized or construction was scheduled to begin and certainly long before completion.

As of this writing, the contract has been awarded, blueprints have been finalized and ground has just been broken to begin construction. Architect Luke however, has also just added one more hi-tech feature. He has included full 3D interior design for each room that shows every item, fabric and color in exact detail and placement, and the client will again have the ability to navigate and “walk through” every room in virtual reality… seeing, experiencing and approving everything from the actual chairs and lamps to pictures on the wall as it will actually appear when the home is completed and fully furnished.

“The virtual reality experience created by the Simonson Group and our 3D interior planning takes my designs to a new level,” notes Luke. “By completely immersing my clients in their project and helping them to feel and experience their home in a totally new and exciting way, they see both the interior and exterior from a totally different and immersive perspective… and the experience gives them a deeper connection with their project” Dreams of a luxurious multi-million dollar mansion… or a lavish waterfront getaway on a secluded white sand beach? Live your dream project today.

Simonson Design Studios Pete Simonson (701) 371-3697 Kimberly Simonson (218) 791-1662 www.simonsondesignstudios.com Richard Luke Architects Las Vegas, Nevada (702) 838-8468 www.richardlukearchitects.com Don Logay is an award-winning journalist and former Editor-in-Chief of three national magazines.

In addition to articles for numerous publications, he also writes tips for homeowners heard daily on hundreds of radio stations nationwide. Contact dlogay@whatsnewguru.com.

Renderings courtesy of Richard Luke Architects

Las Vegas Icons

John O’Reilly – By Mark Fierro Vegas Legal Magazine: You had the most trusted position in gaming in the entire state of Nevada, the head of the Gaming Commission, that’s what the entire state runs on, the idea that gamblers get a square deal in Nevada. How did you get to that point?

John O’Reilly: Over a period of 15 years I developed a very close pro-fessional, personal and working relationship with Gov. Richard Bryan, who was governor when he appointed me to the Gaming Commission in 1986. My initial term began in January of 1987.

I was then appointed to a four-year term that I fulfilled from 1987 to 1991.

Las Vegas was a very different place at the time, a city in flux, and we were threatened by the specter of organized crime.

Wasn’t Bryan a firm believer that these guys had to go?

JO: That’s true, and one of the blessings of life is having developed a work-ing relationship with Gov. Bryan, Attorney General Bryan, and before that legislator Bryan.

My accounting background with public accounting work, my MBA and law degree, and my experience I shared with him. It enabled us to work together from the first day we began office together in the mid-70s.

From my perspective, that period of time in the history of gaming in the state of Nevada was unique. We were transitioning from yesterday’s world of Las Vegas to today’s and preparing for tomorrow’s world of Ne-vada, which was very gaming-centric at the time, even more so than it is today.

The issues that we dealt with, with mobsters, with Black Book hearings, was epitomized by Black Book entries related to Carl Thomas, Lefty Rosenthal, and many others. This time was a transformational oppor-tunity to clean

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up some of yesterday while at the same time we were dealing with the first two $1 billion issues and in our world of gaming. One was the Caesars World billion-dollar green mail, as it was called, takeover attempt.

It was a real marked contrast in terms of dealing with “yesterday” in terms of the Black Book and mobsters, and then dealing with Wall Street and billion-dollar transactions at the same time.

Even more exciting during that same period of time was dealing with the incredible growth and development that was being pursued by the lead-ers in our community — Kirk Kerkorian, the Hiltons, Steve Wynn, the Gaughans, the Boyds and others — who provided a real dynamic to our industry and our community that has never been duplicated and proba-bly won’t be. But it’s the foundation of where we are today.

VLM: The FBI at the time put tremendous trust in Dick Bryan as a straight shooter. That helped allow major banks and corporations, legitimate capital, to thrive here. And you had everything to do with that.

JO: Bryan made it very clear from the first discussions of my appointment: John, as the chairman of the Nevada Gaming Commission, I will not in-terfere with you in any way. I want you to do what you believe to be right.

I said, well can you give me a hint, based on your years of experience, what might be asked, at the press conference announcing my appoint-ment? I’m not looking for your answers, just a hint as to the questions. That was our first and only discussion regarding the independence of the Commission.

He made it quite clear.

Before then, I used to stay periodically at the governor’s mansion. He said you’re not staying there anymore. It has to be clear to everyone that you are independent. The decisions are yours, he said, not mine.

The banks, the FBI and the Treasury Department all played a role.

In those days I spend a lot of time interfacing with banks as well as the FBI. I sat down with the two deputy directors for the FBI, at their headquarters in DC, and suggested we have a very frank conversation. I led off saying I live in Las Vegas, my wife and I have four kids and we are committed to the community in terms of law and order. It’s important to us and our fam-ily, friends and neighbors. I realize there are some among you who think that there is probably a mobster under every rock in our community. Oth-ers who have spent more time here, you understand that the vast majori-ty of us are law-abiding and God-fearing people committed to the com-munity.

I want to have that frank discussion, so you know we’re with you and can trust us. I can assure you that if you think there are individuals doing bad things in our community, we’re there to ferret them out. That includes every one of our licensees. If any bad things are going on, their licenses are in jeopardy. I hope you will appreciate that, understand it and take advantage of it in a positive way.

The first guy said, you’re right. I agree with everything you said. I’ve lived in Las Vegas. I understand Joe over here, he hasn’t lived in Las Vegas so he thinks there’s a mobster under every rock. So that’s the way the initial discussion went for an hour and a half.

The same thing with Treasury when we’re doing the whole debate on what the dollar amount should be for the paper trail on cash transaction reports, whether it should be reduced to less $10,000. It was led by two prosecutors who had blown prosecutions. So, they blamed it on the ab-sence of paper.

We’re going through this debate about whether to change it in this big conference room. And there’s a guy sitting off to the side just listening to the debate. He comes up afterwards, he says, I lived in Las Vegas a long time. I want to tell you, the problem with some of these people is they don’t understand. They think paperwork is the prob-lem. I said, are you with the IRS? Yep. Are you a CID agent? Yep.

lems, we had five, which doesn’t include the issues we addressed with Treasury or the FBI, which we never publicized.

VLM: The Mirage opening in 1989 took Las Vegas to the next level, with the MGM Grand following, Las Vegas becomes an entirely different place. It changed dramatically. After you left the Commission, how did it affect your career?

JO: It had a very positive impact. Some thought I would use it to launch a po-litical career, but that was never my intention.

Because of our public-private partnership approach to gaming, I was able to develop a number of relationships during those years, many of which have lasted a lifetime and continue to last in business. They are very fulfilling from a personal standpoint as well as in terms of our legal business and other business opportunities for us and our many clients.

VLM: How do you see your firm fitting in now? There are so many law firms but so few that have lasting roots going back decades. You’re known as a business guy, transactions, financial background and a litigator. You’ve also been on the “inside.”

JO: I am in the same business today as far as practicing law that I’ve been in since about 1973 when I got out of the U.S. Air Force. Once I was licensed to practice law in Nevada, transitioning from the Air Force, I set up my own practice and it’s the same basic practice we have today.

The initial client we had was the U.S. Air Force, which morphed into the executive branch of the U.S. government, which we represented to op-pose what was then called Nevada Power on their rate increases. This allowed me to use my accounting and business background to change the dynamic and the rate structure in Nevada from what it had been be-fore based on that initial client relationship.

I said, I owe you an apology. He says, why? I said, when I looked over at you I thought you were an asshole. Now I know you’re a nice guy. We laughed about it. We stayed in touch in terms of an open dialogue, a cooperative approach that did not pit us against Washington D.C. in terms of more and more paperwork. The then Treasury Secretary also took an interest and was quite helpful.

Being chairman of the Gaming Commission was a part-time job, but it took about 1,000 hours a year. I continued to maintain what is now the O’Reilly Law Group all along. I did so even as I was chairman of a NYSE company. I did so as I was on the board of NV Energy, then Nevada Power, for the better part of 20 years. Tim (O’Reilly) and I and others are in the same business in which my participation dates to the early 1970s.

It existed even before I got there since my initial relationship was with a lawyer named Milton Keefer, who was the first chairman of the Gaming Commission. Some of his relationships morphed into the practice which is now the O’Reilly Law Group, which has continued to evolve through the years.

So, it was interesting having that kind of dialogue at the time between Treasury, the banking institutions, investment bankers. In those first six months, I also spent time with S&P and Moody’s. I said, how do you guys rate gaming paper? What kind of marks do you give the Nevada gaming regulatory system vs New Jersey? This dialogue was also help-ful.

We’ve had the opportunity to expand dramatically, but we’ve resisted that.

We think we can best serve our clients in the business form that we have now, which is dedicated, vibrant and as large as we need to be to serve both our small and very large clients. We continue to stand ready to serve clients whatever their size and whatever their needs.

Look at some of the statistics from the Gaming Commission report.

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

In four years we had 95 meetings, normally it’s just one a month.

We had 3,196 gaming applications, 44 disciplinary matters, we had 16 excluded persons, which were the Black Book hearings, more than in the entire decade before. We had 71 regulatory amendments for adoption projects. Emergency orders of suspension for serious regulatory prob-

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HUMOR //

Fall 2018