Volume 8 Issue 5

EDITOR IN CHIEF

PRESTON P. REZAEE, ESQ.

PUBLISHER

TYLER MORGAN, ESQ.

DIRECTOR OF OPERATIONS

JEFFRY COLLINS, ESQ.

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CONTRIBUTORS

ADAM D. KEMPER, ESQ.

STAN SMITH, PH. D.

MARK FIERRO

JEFF HANEY

VALERIE MILLER

MARK MARTIAK

DONOVAN THIESSEN, CPA

DON LOGAY

MYRON MARTIN

ANDREW CASH, M.D.

DAN HERRERA

TIME COULD BE TICKING AWAY FOR TIKTOK

LETTER FROM THE EDITOR

Welcome to the latest edition of Vegas Legal Magazine, where we delve into the intriguing realms of law, business, and lifestyle that shape our vibrant city. As we navigate through the ever-evolving landscape of our community, it is our duty to provide you with insightful articles that shed light on critical topics. In this issue, we explore the enforcement of non-compete agreements, pay tribute to the late Judge Harter, examine the influential leadership of Steve Grammas, and ponder the far-reaching implications of censoring social media posts.

Our legal experts have meticulously crafted an in-depth analysis of the enforcement of non-compete agreements, shedding light on the intricate complexities surrounding these legal provisions. We explore the rights and obligations of employees and employers, the potential impact on business innovation, and the evolving legal landscape surrounding non-competes. We aim to equip our readers with the knowledge necessary to navigate this often-controversial area of law and make informed decisions.

We pay homage to the late Judge Harter, a respected figure in our legal community who recently passed away. His contribution to upholding justice and his unwavering dedication to the pursuit of truth leave an indelible mark on our legal system. Through interviews with his colleagues and reflections from those who knew him, we remember a man who embodied integrity, wisdom, and compassion. Judge Harter’s legacy serves as an inspiration to all those who seek to uphold the principles of fairness and equality.

We also delve into the realm of law enforcement and shine a spotlight on Steve Grammas, the esteemed president of the Las Vegas Police Protective Association. As a tireless advocate for the rights and well-being of our city’s law enforcement officers, Grammas has been instrumental in fostering positive relationships between the police and the community. We explore his journey, his accomplishments, and his ongoing efforts to ensure the safety and security of our city. It is through leaders like Grammas that we can build a stronger and more harmonious society.

Lastly, we venture into the realm of social media and its increasingly complex relationship with free speech and censorship. The power and influence of social media platforms cannot be underestimated, and the decisions they make regarding content moderation have far-reaching implications. In this issue, we engage in thought-provoking discussions about the challenges faced in striking the delicate balance between freedom of expression and the need to mitigate the spread of harmful or false information. Our aim is to stimulate meaningful conversations and raise awareness about the consequences of censoring social media posts.

This edition of Vegas Legal Magazine is a testament to our commitment to providing you, our esteemed readers, with engaging and informative content. As we explore the realms of law, business, and lifestyle, we invite you to dive into the thought-provoking articles and embrace the opportunities they present for reflection and growth. Our magazine serves as a platform for knowledge, inspiration, and the celebration of our dynamic community.

Thank you for your continued support, and we hope this issue enriches your understanding of the intricate tapestry that is Las Vegas.

Perhaps no group has been as disrespected in recent years as law enforcement officers. From the “defund the police” movement to the campaign to strip qualified immunity from police protections, cops have to endure a lot more political and social attacks these days. For a while, things were said about police that we wouldn’t want to print in this magazine. Suffice to say, a segment of the public and elected politicians decided to demonize all hard-working members of law enforcement.

Are there bad cops? Yes, of course. And nobody hates bad cops more than good cops. But something has shifted in recent years. Now, instead of just blaming the police who are found guilty of misconduct, all cops are painted with the same – tarnished – brush. Unfortunately, this trend has resulted in dangerous – and often deadly -- outcomes for cops on the beat. Attacks on police are up and fewer people want to take the abuse that now comes with wearing a badge. Who could blame them? Nobody wants a job where a target is put on your back.

Fortunately for us in the Las Vegas Valley, local police have received the type of support at the top that many other police departments around the country have not. Our police feel valued and respected by those in the community, and by their leaders. One of those leaders is Steve Grammas, the president of the Las Vegas Police Protective Association. He watches out for those who watch out for us. Please read his insightful interview as our cover story in this issue.

Shifting gears, be sure to check out our feature story about the latest social media trends. Will TikTok really be banned? That idea is gaining bipartisan support, but don’t count the China-owned app out just yet! Also, read on in Vegas Legal for the latest on social media sites you may not have heard of. Why stick to the old standbys? Facebook, Twitter and Instagram have plenty of competition. Politics, too, has divided social media. Add to that Elon Musk’s purchase last year of Twitter and you can see that things are rapidly changing online.

Don’t forget to read all our informative articles in this issue of Vegas Legal Magazine, including one on the push to eliminate “non-compete” agreements. There are arguments to be made on both sides of the issue. Whatever your interests, you can count on our publication to leave you wanting to read more about it.

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“Ignorance of the law excuses no one.”

– John Locke

COURT OF PUBLIC OPINION

By Mark Fierro and Jeff Haney

It’s a parent’s worst nightmare. Your infant child has a health crisis that is taking a turn for the worse. You’re surrounded by caring medical staff that are doing everything they can to save your child’s life, but it is not to be — all that care and support suddenly change when they decide you had a hand in your child’s death.

You are charged with open murder and the very real possibility of spending every single day of the rest of your life in prison.

This nightmare scenario resonated in Las Vegas in a big way recently, but first a brief bit of background.

Ever since the infamous case of Louise Woodward, the British au pair who was sentenced to life in prison in the death of an infant but later freed upon appeal, mothers across the country have been accused, tried and convicted in “shaken baby syndrome” cases. Some have spent years in prison for deaths of

babies in which there is now growing doubt that a crime even occurred.

The issue rose to prominence with a recent Southern Nevada case, which also drew national attention, involving Kristina Kerlus, a 32-yearold Las Vegas mother.

Kerlus had her world turned upside down when she was charged with murder and child abuse in August 2019 in the death of her 2-month-old son, Jocai Davis.

Although Kerlus was ultimately cleared of all charges in December 2022, she came close to being convicted. She was separated from her children with the threat of a life sentence hanging over her head before junk science was eclipsed by the efforts of her legal team and her medical team, who ultimately determined that her son died due to sickle cell anemia.

Nine months after Jocai died at University Medical Center in Las Vegas on Oct. 7, 2018, the Clark County Coroner’s Office ruled the death a homicide, citing blunt force head and

neck trauma. Kerlus faced the possibility of losing custody of her kids and spending much of the rest of her life in prison.

“Kristina, a loving mother to Jocai and her three other children, was wrongfully accused,” said her attorney, Ryan Helmick of The Defense Firm. “Jocai did not die from shaken baby syndrome, as was originally suspected, but instead he tragically died as a result of sickle cell anemia. Unfortunately, medical examiners did not consider the possibility of sickle cell anemia, though that is precisely what took young Jocai’s life.”

The case attracted national attention thanks in part to the Innocence Project, a nonprofit legal organization dedicated to exonerating people who have been wrongly convicted and working to reform the criminal justice system to prevent injustice. Jason Flom, a founding board member of the Innocence Project, helped bring attention to the case through an appearance on the Joe Rogan Experience podcast. The case was also featured on a recent episode of the A&E true crime series “Accused: Guilty or Innocent?”

Shaken baby syndrome, which some in the medical profession prefer to call “abusive head trauma,” is defined by a collection of symptoms known as “the triad” — brain swelling, bleeding on the surface of the brain, and bleeding behind the eyes. If those three symptoms are found, the chances are that the baby died of shaken baby syndrome, according to conventional medical wisdom.

Yet according to a report by NPR, one key witness for the prosecution in the Woodward trial later asserted — as more knowledge of the syndrome came to light — that he would not give the same testimony if the trial was taking place today.

Patrick Barnes, a pediatric radiologist at Stanford University, claimed his statement that his

testimony would be different today was based on advances in MRI brain scanning technology, which he referred to as part of a “revolution” in the medical understanding of head injuries in the years following the Woodward case.

“We started realizing there were a number of medical conditions that can affect a baby’s brain and look like the findings that we used to attribute to shaken baby syndrome or child abuse,” Barnes told NPR.

If it sounds like a group of defense attorneys came together to come up with an idea just to get a bunch of women out of prison, you should know this: Norman Guthkelch, the pediatric neurosurgeon who developed the theory of shaken baby syndrome, has publicly expressed concern regarding how the diagnosis is used in legal matters.

In a segment of NPR’s report, titled “Rethinking Shaken Baby Syndrome,” Guthkelch said he worries that the diagnosis is too often applied by medical examiners without considering other possible causes for a baby’s death. There could be any number of reasons that this mix of deadly conditions could potentially present themselves, according to Guthkelch.

“They were using science that was not real science, that had never been proven, just theories, assumptions and accusations,” Kristina Kerlus said. “It’s the easy route for them to take. … Before charges were ever filed, a nurse in the hospital pulled me aside and said, ‘I know you guys didn’t hurt the baby, but this is what’s happening, and you need to speak to a lawyer.’ I was like, ‘What?’ I didn’t know that was what was happening until my conversation with her, and that was when I realized: They’re coming

for us. They’re not going to try to figure out what happened to him. They’re trying to build a case on us.”

Kerlus added: “People don’t know the junk science behind shaken baby syndrome. People don’t know that it has never been proven. It’s just crazy how so many people have been convicted and are incarcerated due to shaken baby syndrome, and there is just no proof, there is no science behind it.”

Helmick credited the Clark County District Attorney’s Office for their willingness to take a second look at the case.

“Thanks to the Clark County District Attorney’s Office, a tremendous injustice was averted,” Helmick said. “None of this should have happened, but thankfully in the end justice prevailed. This woman who has suffered so greatly due to the loss of her son can begin to put the pieces of her life back together again. No one can ever accuse her of being anything other than a responsible mother who cares for her 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.

Jeff Haney serves as Executive Vice President of Operations for Fierro Communications, where he works on developing and directing all media, marketing, research, consulting and public relations strategies for Fierro Communications’ clients including those in business, government, the legal field and cutting-edge high technology.

NON-COMPETE AGREEMENT? NOT SO FAST…

By: Adam D. Kemper, Esq., Managing Partner of The Workplace Law Firm

By now, you may have heard the news from the Federal Trade Commission (“FTC”) just after the start of the new year (January 5, 2023) about the prospective nationwide ban on the use of non-compete agreements.

Specifically, the FTC’s new rule would make it illegal for a business owner to:

• enter into or attempt to enter into a noncompete with a worker;

• maintain a noncompete with a worker; or

• represent to a worker, under certain circumstances, that the worker is subject to a noncompete.

The rule would also require business owners to rescind their existing non-competes and actively inform workers that such agreements are no longer valid. In fact, the FTC has already provided model language to use to notify workers of the rescission.

This federal rule would also replace any state law in place which permits non-competes and the lone exception to this rule is that non-competes could still be used in the event of a sale of a business. In other words, if you reside in a state that currently permits non-compete agreements (and many states do), once enacted, this federal rule will overrule the state law and essentially be

the law of the land.

That doesn’t mean if you have a non-compete in place, as of January 5, it is suddenly invalid and you are free to compete. What it means is the government has proposed a rule, is taking comments on that proposed rule through March 10, 2023, and once finalized, published, and put into effect 180 days later, it is expected that the final version of the rule will invalidate the vast majority of non-compete agreements for workers in the United States.

So yes, this is major news, but this news does not change anything until the rule is actually in effect.

For those unfamiliar with the use of noncompetition agreements, such agreements are generally used by business owners to restrict workers from starting a competitive operation or from joining a competitive company within a defined period of time after the working arrangement ends.

Non-compete agreements are also used in buy/ sell agreements following the sale of a business to restrict the seller from opening a competing operation which would potentially devalue the business itself.

From the perspective of the business owner,

the logic behind non-compete agreements is that business owners spend time and money developing their own proprietary business processes and methods on how they operate their business, how they sell their products or services, how they market their products or services, how they train their workforce, their client, vendor and lead lists, etc., and they want to be able to legally restrict workers who have gained knowledge of such information from utilizing this same information in connection with a competitive operation which would harm business.

Likewise, during negotiations involving the sale of a business, the purchaser wants assurances that it will have the cooperation and assistance from the seller in transitioning the business over to the buyer and not having the seller compete for a period of time as such competition could diminish the value of the business itself. Notably, as stated above, the prospective rule from the FTC would not apply to non-competes used in the purchase/sale of a business.

Each state has its own rules on restrictive covenants (including non-competes) and the federal government has been mostly deferential to states to govern the enforceability of restrictive covenants through statutes and the court systems---although now through its press release, it appears the FTC wants to “reinvigorate” and remind people of Section 5 of the FTC Act which bans “unfair methods of competition.”

From a worker standpoint, non-competes restrict a worker’s ability to freely work at any job and utilize the knowledge and skill he or she has learned in a particular line of business. The restrictions also wind up resulting in lasting periods of unemployment, workers taking less in pay in their next jobs, or possibly dealing with expensive lawsuits. While not given significant attention, it should be noted that workers are almost always at a financial disadvantage to defend themselves through the legal process against enforcement of a non-compete (whether the agreement is valid or not) or to properly challenge the misuse of a non-compete. Companies can and do regularly outspend ex-employees in litigation and often force them into submission.

Furthermore, there are some (or many, depending on who you ask) companies who overuse noncompetes, scenarios where such agreements simply do not make sense (e.g. where a worker did not have access to trade secrets or anything proprietary), or situations where restrictions interfere with the ability of patients or customers to decide where they can purchase products or services.

I’ve personally commented on the distinction between the enforceability of non-competes for lawyers versus physicians in the State of Florida and discussed how non-competes could potentially impair patient care for physicians in the article entitled, “Physician Non-Compete Agreements: A Necessary Protection or an Unnecessary Restriction and Impairment on Patient Care” (South Florida Hospital News, April 1, 2022).

It is my belief that any restrictions between business owners and their workers should never get in the way of a customer/patient/consumer’s decision on whom they would like to work with or buy products or services from.

The concerns on the worker side were studied and acknowledged by the FTC when it succinctly stated in the opening line of its press release that non competes are a “widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.”

Indeed, the FTC ended its press release noting, “The Federal Trade Commission works to promote competition, and protect and educate consumers.” (emphasis added).

Thus, the intention by the government with this rule is to open up opportunities for workers (that they wouldn’t ordinarily have due to being restricted) and the FTC believes that the result will be an increase in nearly $300 billion per year in wages and expanded career opportunities for about 30 million American workers.

Certainly the government would benefit by this rule as more workers, more wages = more contributors to FICA and the economy. However,

what people need to know about this rule is that once the final rule is published, business owners would have 180 days to comply. The 180 days will be following the end of the comment period which ends March 10, 2023. So it is possible this rule comes into effect towards the end of 2023 or beginning of 2024.

In the meantime, I expect pushback from employers and business owners who want to maintain the freedom to contract as they so please with their workers and to take the means necessary to protect their proprietary information, trade secrets and client relationships. I also expect to see legal challenges to the FTC’s ability to even institute and enforce such a nationwide rule (similar to the legal challenges we saw when the government through OSHA enacted a mandatory COVID-19 vaccination).

While this rule remains pending, business owners should stay abreast of the potential enactment of the final version of the rule, be in regular contact with their employment and labor law counsel, and be prepared to make changes to their existing agreements and to send out appropriate notifications to their ex-workers.

Business owners should consider how to protect their proprietary information and trade secrets through other means. Additionally, nothing prevents a business owner from today deciding it wants to abolish non-competes before the government mandates it. Some people believe that having fewer worker restrictions in place for workers will result in better employment retention.

Workers should review their own agreements to see whether they have a non-compete in place and also stay in touch with legal counsel and/or monitor if/when this law becomes effective to potentially notify their existing or former employer of its obligations to rescind the non-compete.

Needless to say, 2023 is off to an interesting start in the area of workplace law and I expect this to be just the beginning of many changes ahead. Stay tuned.

Adam Kemper, is the managing partner of The Workplace Law Firm. Adam can be reached at akemper@theworkplacelawfirm.com

Attorney Adam M. Vander Heyden, Esq.

Family Ties, Family Court Were Priorities for Judge Mathew Harter

Family is a theme that continues throughout our lives. We are born into a family, usually remain part of that family, and often, start families of our own. For some of us, the families of others also become integral parts of our own lives.

All of this was true, and even more so, for Mathew Harter. As a judge, he served more than 14 years in the Family Court Division of the Clark County District Court. In his Family Court Department N, Judge Harter had to decide the types of issues that break hearts and tear apart lives: “Who will get custody of a child?” “Will a parent even be allowed to see their child?” These monumental decisions will often weigh more than deciding the largest corporate dispute case.

By Valerie Miller

Judge Harter unexpectantly died on Nov. 9, 2022 in Las Vegas. He was 56. Following the judge’s passing, the Harter family encouraged donations be made to Crisis Support Services of Nevada.

His work on the Family Court bench weighed heavily on Judge Harter. In comments made in an early 2022 issue Vegas Legal Magazine, Judge Harter’s daughter Alexa Harter, recalled her father talking about the toll such decisions would take on him.

“It’s kind of stressful. I always worry that something bad might happen to one of the kids that I’ve made a decision on. I always try to (err) on the side of caution,” Mathew Harter told his daughter Alexa. “Even my wife says I internalize

a lot since I’ve been a judge. I don’t talk as much. Even when I went to judicial college they said it’s a very isolating type of job, and you’ve got to watch out for that.”

Judge Harter, who lived in Logandale, Nev., had considered ways to handle the immense responsibility.

“I should do more to work on my mindfulness and stuff like that,” he told Alexa a year ago. “I just have to try to make sure that I know as much as I can about each case -- so I can make the best decision.”

Family court can be a “brutal” place, Judge Harter revealed to his daughter in early 2022. Somebody is going to come out devastated. Sometimes, all parties are enraged.

“Civility?” the judge reflected on the question before responding. “Basically, there is none in family court. These people are brutal…I don’t live my life scared but I live my life aware,” the Reno-born judge said in early 2022.

Often, the rage is directed at the judge making the difficult decisions.

“I get death threats pretty regularly,” Mathew Harter admitted to his daughter Alexa in 2022. “It’s a for-real thing.”

The profound responsibility of his position did not, however, give Judge Harter any second thoughts.

“I feel like I’m doing, yeah, one of my purposes in life,” he told daughter Alexa in early 2022 about becoming a judge.

Doing what was right for the children involved in the cases before him was always on the mind of Judge Harter, Alexa Harter told Vegas Legal in early 2022.

“I’m not perfect, no judge is perfect … I think I have a pretty good percentage (making the right decision),” concluded Mathew Harter.

A photo montage was displayed on a memorial page for Mathew Paul Harter, who was both a Bonanza High School and University of Nevada, Las Vegas graduate. The slideshow spanned the life of the father of eight: Family celebrations, vacations, graduations and other milestones are immortalized in images, along with the ordinary slices of family life. From Matthew Harter’s boyhood until the end of his life, family remained a constant.

While Mathew Harter would go on to sit on the bench in family court, the life story told in his photos could be that of any family.

Alexa Harter recounted some of her treasured childhood memories of her father in a Vegas Legal article just a year ago.

“I remember the carefree lawyer days, when he would rollerblade around the neighborhood with us in classic ’90’s fashion, gold chains and

muscle tanks,” Alexa recalled fondly. “Our friends would always say that our dad was ‘cool’, that he had ‘big muscles.’”

Mathew Paul Harter was born on April 11, 1966, in Reno, Nev. He graduated Bonanza High School in 1984, and would later receive his bachelor’s degree from the University of Nevada, Las Vegas. Harter would go on to receive his juris doctorate by graduating cum laud from Western Michigan University (thenThomas M. Cooley Law school) in 1994. Mathew Harter was first elected to the bench in 2008, as a Clark County District Court Family Court Division judge. He would hold that position until in death in November 2022.

Mathew Harter was survived by his wife Brandie; five sons and three daughters: Alexa Harter of Beaverton, Ore.; Jefferson (Jasmine) Harter of Thailand; Dakota McFarland of Las Vegas, Nev.; Gage (Jin) Harter of Portland, Ore.; Grahm

Harter of Hood River, Ore.; Paige Harter, Ryan Harter and Chloe Harter all of Logandale, Nev.; five grandchildren: Juno, Suvi, Vally, Eywa, Shon; his mother, Mary Harter of St. George, Utah; three brothers: Steve (Shelly); Mark (Valerie) both of Las Vegas; Craig (Robin) of Ivins, Utah and sister-in-law, Lynne Harter of Temecula, Calif.. He was preceded in death by his father Alan Harter, his brother Stanley Harter and his best friend William “Marshal Bill” Datthyn.

To donate to the Crisis Support Services of Nevada, go to ccsnv.org. Those in crisis can also call the center’s number at (775) 784-8085. The Suicide Prevention Lifeline and Suicide & Crisis Lifeline is 988.

Valerie Miller is a Las Vegas Valley-based journalist. She can be reached at (702) 6833986 or valeriemusicmagic@yahoo.com.

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Musk’s Twitter Buyout, Big Tech Social Media

Censorship, Open Door for New Sites

Rememberthe “old days” when all you needed to do to have a solid social media presence was to join Facebook, Twitter, Instagram and LinkedIn? Today it is not as simple. Get ready for “Rumble” and don’t forget to keep an eye on the up-andcoming sleeper “Triller.”

“’Triller’ what?” You might understandably ask. Triller is an AI-driven music-video app that allows users “to create professional-level videos in seconds,” according to the Influencers Marketing Hub’s website.

Triller has been listed as the number one site to watch in 2023 by Influencers Marketing Hub. Triller already has features similar to TikTok and millions of worldwide users. And while some have heard of the YouTube-alternative Rumble, it is still far from mainstream.

Yes, it IS a lot to keep track of. There are so many “alternative” social media sites today. MeWe is a Facebook alternative. “Cohost” is a new, supposedly warmer and friendlier social media site. And the long list goes on.

Certain events have increased segmentation in the social media sphere. Elon Musk’s buyout of Twitter, which was completed in October 2022, resulted in an exodus of some Twitter users. Many of those who fled found a home in Mastodon, an opensource social media site. Other Twitter refugees

By Valerie Miller

landed on the Tumblr site, which has been around since 2008. Tumblr, which allows for microblogging, has experienced a resurgence since Musk’s Twitter buyout.

Politics have divided us in both real life and in our online lives. Some liberal Twitter users have gathered at Mastodon. Conservatives, too, have had it with what is often called “content moderation.” Many on the right have signed off of Twitter, Facebook, Instagram and YouTube for the last time.

Political Divide: Conservatives Look for a New Social Media Home

For conservatives who don’t like to be censored, there’s a number of alternatives. Prominent among those options is former President Donald Trump’s twitter-alternative Truth Social. A year before Truth Social’s 2022 launch, former Trump spokesperson Jason Miller launched his own Twitter rival, Gettr. Prior to the creation of either Truth Social or Gettr, there was Twitter alternative Parler. Launched in 2013 as a “free speech” Twitter alternative, the site became enormously popular with conservatives.

At Parler’s peak, the site had 12 million users. Parler’s user numbers surged after the contested 2020 Presidential Election. But after the Jan. 6th 2021 Capitol riot, Parler was deplatformed by the Google Play store, the Apple App Store and Amazon’s AWS. While Parler came back online in the spring of 2021,

the site never regained it pre-shutdown popularity among users.

Elon Musk has offered an olive branch to conservatives. He ended Twitter bans on many prominent conservatives, restoring their accounts. In late 2022, Musk also restored Donald Trump’s Twitter account, which had been suspended in January 2021.

Musk invited the now-2024 Republican presidential candidate to come back and Tweet. Nevertheless, Trump has said he has no plans to return to the platform that helped him first win the presidency in 2016.

In February of this year, Facebook and Instagram also unsuspended former president Trump’s account. But Trump has not returned to either social media site at this point.

Dave Nourse, an assistant professor at the University of Nevada, Las Vegas’ Hank Greenspun School of Journalism and Media Studies, says the former president is unlikely to come back to Facebook, Instagram or Twitter anytime soon.

“Donald Trump will be (allowed) on Facebook and Twitter. But Trump said, ‘Thanks, but no thanks. I will stay on Truth Social,’” Nourse says. “At the end of the day, (Trump’s) followers will still follow the man.” As Trump has invested much of his own money and

brand identity in his Truth Social, jumping back to other social media sites would not be in his best interest at the moment.

“While Donald Trump has been reinstated, he has a vested interest in his own platform, Truth Social,” the professor explains. “He is making money. Why would he leave his platform?”

As Donald Trump has declared his candidacy for the presidency in 2024, the now-candidate might change his mind if it is politically expedient.

“If his campaign takes off, Trump campaign staff will use Facebook and Twitter, etc.,” Nourse predicts. “For branding, (Donald Trump) reached a lot of people (in 2016) through Twitter.”

Nourse suspects the recent moves to allow Trump back on mainstream social media were spurred in part by the massive amount of attention the former president still attracts. The move to reinstate Trump on Twitter also comes at a time when Elon Musk’s newly-acquired site has lost some users due to his handling of the social media giant.

“Free Bird”: Elon Musk Makes Massive Changes at Twitter

In October, billionaire Elon Musk completed his $44 billion buyout of Twitter. As the head of electriccar company Tesla and SpaceX, Musk was mostly admired as a genius -- albeit eccentric.

That image took a hit during the contentious months leading up to the completion of the Twitter purchase. After taking over Twitter in October, Musk almost immediately changed standards, fired top executives and laid off about half of Twitter’s employees.

Again, the reaction to Musk’s Twitter takeover was divided along party lines. Conservatives applauded the move, especially after Musk started releasing the “Twitter Files” in early December. The “Twitter Files” are a series of internal documents from Twitter, showing what some claim to be evidence of government-encouraged content censorship. Among the most prominent examples was said to be the censorship of the New York Post’s October 2020 Hunter Biden laptop story.

Liberals, on the other hand, were rapidly growing to despise Musk. Many liberal Twitter users sought out

new social media homes, such as Mastodon.

“I think there is a definite correlation between Elon (Musk’s) purchase of Twitter and some people leaving Twitter,” Nourse says. “Elon Musk has really turned into this polarizing figure over the last couple of years. A lot of people don’t like Elon Musk. They say, ‘I am done with Twitter. I don’t care for this man or his politics.’”

The trend of Twitter flight is not likely to sink the giant social media site, Nourse maintains. Twitter may just be too big to fail.

“I think the core groups will still stay on Twitter -- the journalists, reporters, celebrities (and) sports stars,” the professor continues. “But you can find estimates that millions will abandon Twitter.”

While the social media grass may look greener, people tend to have a hard time quitting Twitter.

“I think some people spend some time looking on other social media alternatives like Mastodon, for a minute and a half,” Nourse says “What is the nonTwitter Twitter? It turns out that Twitter is still here.”

A Look Around the Social Media Landscape

Other social media sites have their niches, such as Snapchat. High school and college students still use Snapchat a lot, Nourse explains. Users can send snaps to each other. Snapchat users can also update

their status every 24 hours, just like WhatsApp and Instagram.

One highly anticipated social media site is the upcoming Bluesky Social, from Twitter creator Jack Dorsey. Twitter developed Bluesky in 2019, as an initiative to develop a decentralized social network protocol. The non-profit Bluesky will allow users to control their own information and algorithms. The site already has a waiting list.

BeReal is another growing social media app. BeReal doesn’t allow the use of filters, or allow followers. The goal is to give BeReal users an authentic experience. Meanwhile, Rumble wants to be an alternative to YouTube.

Nourse, however, sees TikTok as the real social media video threat. “YouTube is more worried about TikTok than Rumble,” he says.

More often, new social media platforms face an uphill battle to become the “next Facebook” or the “next Twitter,” Nourse points out.

“The (giant social media companies) will just imitate their own version of TikTok SnapChat,” he says. “So, it is hard for a new company to gain a foothold.”

Valerie Miller is an award-winning Las Vegas Valleybased journalist. She can be reached at (702) 6833986 or valeriemusicmagic@yahoo.com.

To Protect and To Serve

Steve Grammas Seeks to Protect the Cops Who Protect Us

By: Valerie Miller

Steve Grammas is a man who calls them like he sees them. Whether it is praising the Las Vegas Metropolitan Police Department or criticizing Metro, Grammas is not afraid to speak his mind. The President of the Las Vegas Police Protective Association knows his mission is to watch out for the best interest of the police who make up the organization’s membership.

I first spoke with Grammas in October 2017. I was doing a story on the local Las Vegas Valley victims of the Oct. 1, 2017 mass shooting at the Route 91 Harvest Festival on the Las Vegas Strip. Grammas gave a tribute, for a story I was writing for the New York Daily News, on offduty police officer Charleston Hartfield. He was among the 60-plus victims who ultimately died from that attack.

Grammas is the person who will give a voice to fallen, and injured, local law enforcement officers at a time when often the family is too devastated to speak publicly. Sometimes, that means giving continued support to cops who survive their injuries but face a lifetime of challenges. One of those officers is Metro Officer Shay Mikalonis, who was shot and paralyzed on the night of the George Floyd protests in Las Vegas in June 2020. Grammas keeps in touch with Mikalonis and his family, and the LVPPA tries to give them as much support as it can.

After being a Metro police officer himself, as well as the son of a Metro cop, Grammas knows all about the challenges cops face. Grammas says he learned from his father how to be both a protector of the people and compassionate. Even so, Steve Grammas admits today’s police

face a kind of danger and disrespect that would be unimaginable in years gone by. Politicians deserve a lot of the blame for the “defund the police” movement. For more on Grammas’ thoughts on that and a wide variety of other topics, please read on for his answers on 20 questions presented to him by Vegas Legal Magazine.

VLM: What does the Las Vegas Police Protective Association do for law enforcement? Can you please explain its mission for our readers?

SG: Our primary function has always revolved around legal defense and contract negotiating for the commissioned officers at LVMPD and the City of Las Vegas. The mission of the LVPPA has always been to “protect those who protect others.” Over time, we have expanded ourselves into community programs through book drives, toy drives, food drives, and sponsorships for non-profit organizations.

VLM: Can you talk about the success the Las Vegas Metropolitan Police Department has had in reducing the use-of-deadly-force incidents?

SG: I am a believer that the use of deadly force is related to the actions of the suspect involved in a call. No officer wants to use deadly force, and we train to do everything possible to avoid those encounters. I believe, statistically, uses of deadly force fluctuate yearly based on the level of commitment by the bad guy.

VLM: In what ways do you think Metro can be a model for other police departments around the country?

SG: I think that LVMPD does a fair job of initial training when our officers are new and in the academy. I think what we teach and how we teach it are second to none. That said, LVMPD backs away from high levels of training after officers leave the academy and more focus is put on clearing out calls over making sure an

officer is still practicing good habits through training.

VLM: You said your father was a career cop in New York and, later, at Metro. What did you learn about being a cop from him?

SG: I learned how to be the type of police officer that the community expects me to be. My dad was a model officer in the fact that he was tough, when needed, and compassionate when required. An officer must be able to flip the switch from advocate and counselor to protector when the time calls for it. We deal with some of the most violent individuals on the planet, and we must be ready to meet that level of violence head on to protect ourselves and others from being victimized.

VLM: How would you assess Metro’s handling of the unrest after other cities faced riots following the death of George Floyd in 2020?

SG: I think we did a fairly good job. Early on, I think we were a little under-prepared and allowed the crowds to do a little too much. After Shay was shot, that changed, and we began to step up our activity when it was warranted.

VLM: In the 2023 Nevada Legislature, what

issues are you concerned may impact police?

SG: We are just thankful that Gov. (Joe) Lombardo was elected. I know there were several changes that were coming to the legislature if (former Gov. Steve) Sisolak won the election that would have made it hard to do our jobs and make our citizens less safe. With Gov. Lombardo, and his background in law enforcement, I know bills affecting police officer and citizens will not see the light of day.

VLM: How important is Gov. Joe Lombardo’s new task force on reducing crime? What areas do you think it can impact?

SG: I was part of the governor’s task force. I know he wants to combat the narcotics issues and theft issues we have seen. Trafficking levels of narcotics (that can be possessed by a suspect without requiring a mandatory prison sentence) … were raised to an insane number. And, the total amount of stolen goods (that can be taken by an individual without being prosecuted was) raised significantly in past legislative sessions. I know he wants to get a handle on that as well as the fentanyl epidemic.

VLM: How would you like to see fentanyl cases handled in Nevada, in terms of charging and sentencing?

SG: I think the (drug) trafficking (amount) levels, which carry mandatory prison time, should be reduced – (to) even less than what (Democratic Nevada State Senate Majority Leader Nicole) Cannizzaro and (Nevada Attorney General Arron) Ford are requesting. There is not just an issue of legality with regards to possessing fentanyl, but catastrophic deaths have been attributed to even the slightest amounts. This needs to be handled immediately and I know the governor has this at the forefront of his priorities. (Required minimum possession amounts -- for mandatory prison sentences -for those) trafficking in fentanyl, should be far lower than (the required minimum possession amounts those for those trafficking) regular narcotics.

VLM: How would you wage this new “war on drugs” while still helping to treat substance abusers?

SG: I worked in Narcotics for almost six years

and about 1 and a half years as an undercover detective. I can tell you, while we have issues with theft and other crimes with habitual drug users, our focus was always the supplier. I think we need to offer far more help to get people off narcotics for sure. But we need to hammer the people flooding the streets and creating new users every day. This is a big enterprise as it relates to the dealers and the amounts of money they make. As I referred to the trafficking laws before, we hardly ever had a recreational addict/ user in possession of a halfounce of narcotics. Those were the dealers that had those amounts and more. By raising the (drug-possession amount) limits (that require mandatory prison sentences) for trafficking -and as now (making) low-, mid-, and high-level “Possession of Controlled Substances”(laws to) take the place of the old trafficking laws -we did nothing to (help) the users. Rather, (we) made it harder to rid our streets of the dealers.

VLM: Can you talk about the current state of Metro’s narcotics busts and how tactics – and challenges – have changed over the years?

SG: In the narcotics section, when I was there, we trained quite frequently in our craft. We worked on bust outs and search warrant entries a lot to achieve a level of competency that those situations became second nature, similar to our SWAT team. I believe more training is being offered in those sections and a focus has been on minimizing injury to the suspects as well as officers.

VLM: As a longtime resident, how has policing changed in the Las Vegas Valley over the years?

SG: When my father was on the job in the early ’80s, and even into the beginning of my career in the late ’90s, people had far more respect for police officers. You did not see people screaming obscenities in the face of an officer, or shoving a cellphone camera into their faces. They treated a police officer with respect. Now,

I see politicians telling citizens to feel free to scream at officers and treat them like garbage. Police officers, heck, every citizen, should be treated with dignity and respect. I think society lost that feeling.

VLM: Can you give us an update on Metro Officer Shay Mikalonis, who was tragically shot and paralyzed on the night of the George Floyd protests in Las Vegas in 2020?

SG: Shay will never be the same again. Because of some scumbag, his life has been forever changed. But he is a tough young man and is trying to still live his life. He has been to many public events and refuses to stay shut down inside his home.

VLM: How is it working with new Clark County Sheriff Kevin McMahill? How does his style -and his goals – differ from former Sheriff (and now-Governor) Joe Lombardo?

SG: Sheriff McMahill and I worked together for years when he was (then-Sheriff Joe)Lombardo’s undersheriff. He and I have always had a good working relationship. I think he has a true passion for making sure the rank-and-file officers enjoy coming into work, and he has made several moves to show his support for the officers who keep our streets safe. I think that Joe and Kevin have similar styles, although Kevin may be a little more approachable. But in my position, Joe and I had a great understanding of each other and I enjoyed most of our time working together.

VLM: How did the nationwide “defund the police” movement affect morale and recruitment at Metro – and at police departments around the Las Vegas Valley?

SG: The defund the police narrative was back breaking to our local police officers. Every day an officer is willing to risk their own lives in service of another, and yet citizens and politicians

continued to bang the drum that cops were the problem and not the criminals. Many of my brothers and sisters left this profession over the last three years due to this rhetoric. I know our numbers for recruitment took a stark downward turn as well and it shows how many funded, but unfilled, positions we have at LVMPD.

VLM: What can be done to protect law enforcement from criminals who want to target police?

SG: Politicians need to stop fanning the flames and provoking the criminal element against law enforcement. Right now, criminals feel they have advocates for their behavior in the criminal justice system as well as at the state legislature. If that continues, attacks on police officers will continue.

VLM: During the recent Easter Week – or Holy Week – there was a noticeable increased police presence at local churches. How will police protect potential targets outside of the resort corridor? Are there enough officers?

SG: As I mentioned, we are down many bodies at LVMPD. When fully staffed, it is tough for officers to be everywhere every second of the day. As for the numbers we currently maintain, they are even worse. While there is a focus on the strip, we do our best to still be in the neighborhoods and businesses as frequently as possible, but it is becoming harder and harder to allocate manpower to the citizens of Clark County due to our manpower issues.

VLM: With crime on the rise around the country, what can local law enforcement officials do to prevent the Las Vegas Valley from experiencing the type of crime waves common in places such as Baltimore, New York, Chicago or St. Louis?

SG: I think we do a very good job involving our community in the discussions of law enforcement and how we interact with our community. The

sheriff and his executive staff do a great job getting out and talking to the many different groups in our community and assuring them that LVMPD is different from other agencies. Those relationships go a long way in building bridges when an incident occurs.

VLM: If Nevada ever went to a “no-cash bail” system, what would be the deterrent to committing crimes in the Silver State?

SG: We would see a revolving door of criminals at record numbers. If people had no accountability for bail, and knew they would be released immediately with no bail needing to be posted, it would embolden them more than ever.

VLM: On a related note, is bail in Nevada too low? Are sentences too lenient?

SG: As law enforcement, we focus on doing our job in our lane. We enforce the laws on the books and hope that the district attorney’s office will do their jobs as it relates to the follow through. This would be a good question for lawmakers and the DA.

VLM: Do you think there are sufficient resources available to treat mentally-ill offenders – as opposed to incarcerating them?

SG: I do not. One of the issues our officers deal with daily is mental illness. They would prefer to get them help, over taking them to jail. The state needs to do a better job of funding more mental health advocates that could work handin-hand with our officers. The goal should not be to defund the police to shift to this model, rather overfund and add more to both the police officers as well as the mental-health professionals.

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

Business

“The best way to predict the future is to create it.”

– Peter Drucker

Business Spotlight

REAL ESTATE AGENTS

BERKSHIRE HATHAWAY: (702) 496-9302

MITCH FULFER, REALTOR

ADG REALTY: (702) 315-6100

KELLER WILLIAMS REALTY: (702) 212-2222

FOSTER REALTY, LLC: (702) 552-0120

XTREME REALTY: (702) 384-7253

LAWYERS

PRESTON P. REZAEE, ESQ.: (702) 222-3476

ROSS GOODMAN, ESQ.: (702) 383-5088

DALLAS HORTON, ESQ.: (702) 380-3100

J. MALCOLM DEVOY, ESQ.: (702) 669-4636

NEDDA GHANDI, ESQ.: (702) 878-1115

AMANDA LAUB, ESQ.: (702) 329- 5282

MORTGAGE COMPANIES

RED ROCK MORTGAGE: (702) 320-9595

ALDERUS MORTGAGE: (702) 255-5783

VALLEY VIEW HOME LOANS: (702) 710-5626

FIRST OPTION MORTGAGE: (702) 669-5400

FAMILY MORTGAGE INC.: (702) 216-3000

DENTISTS

GARDEN COSMETIC & FAMILY: (702) 869-5700

GENTLE DENTAL RANCHO: (702) 680-1009

AFFORDABLE DENTAL: (702) 794-0304

DISCOUNT DENTAL: (702) 386-8811

PEARLY WHITES FAMILY DENTISTRY: (702) 605-7814

Business Spotlight

DOCTORS

DENNIS YUN, M.D.: (702)-386-0882

TEDDY SIM, D.C.: (702) 277-1371

MICHELLE HYLA, D.O.: (702) 386-0882

DR. NEVILLE CAMPBELL, M.D./M.B.A: (702) 476-9700

ANDREW M. CASH, M.D.: (702) 630-3472

CPAS

THE ACCOUNTANT, LLC: (702) 389-2727

DONOVAN THIESSEN, CPA

ELLSWORTH & STOUT: (702) 202-0272

MARK SHERMAN: (702) 645-6318

HALL & ASSOCIATES: (702) 629-1886

SANFORD & COMPANY: (702) 382-1141

LARRY L. BERTSCH: (702) 471-7223

WEALTH MANAGEMENT

REDROCK WEALTH MANAGEMENT: (702) 987-1607

SPARROW WEALTH MANAGEMENT: (877) 330-9191

ARISTA WEALTH MANAGEMENT: (702) 309-9970

CORNERSTONE WEALTH MANAGEMENT: (702) 878-4742

MORGAN STANLEY: (702) 792-2000

SALONS/BARBERS

KAYA BEAUTY: (702) 898-5292

NY HAIR COMPANY: (702) 432-3333

TRUE AVEDA LIFESTYLE SALON & SPA: (702) 364-8783

BOULEVARD BARBER SHOP: (702) 384-1453

MYSTIQUE HAIR STUDIO: (702) 432-6006

Written By Mark Martiak

On the heels of a volatile year, investors are wondering where to go from here. While it’s true that the stock and bond markets have rebounded, this year remains in a state of flux. And, while the Federal Reserve has two mandates, the labor market in the United States is the key for a soft landing. Recent labor market strength has surprised to the upside, revealing a resilient, though gradually softening jobs market. Labor market demand will need to continue normalizing relative to supply to slow wage growth and bring down core inflation.

The stock market rally has been truly impressive. Following a year of high inflation and multiple Fed rate hikes, the US GDP projection by the IMF has been raised from 1% to 1.4%,1 the S&P 500 is on a continued uptrend, the broad Index is up 8.12% this year through April 17 according to The Wall Street Journal, and retail sales jumped 3% in January, the biggest gain in two years, and well above the Bloomberg estimates of 1.9%.2

Particularly driving the retail sales surge was a big

STATE OF THE MARKET

bump in auto sales, as the supply chain issues that slowed auto manufacturing have finally smoothed out and a glut of new cars have moved onto the lots.3 And despite continued high food costs and restaurant prices, consumers have streamed back into restaurants, as dining sales jumped 7.2% in January, a 25% gain over the same time last year.4 JPMorgan economists raised their Q1 GDP projection from 1% to 2% on the news of the retail sales surge.5

On the other hand, the Consumer Price Index report released on April 12 showed a 0.3% increase in March, which contributed to a 5% gain over the last year, slightly lower than expected.6 Much of this gain continues to be a function of high food, energy, and especially housing costs. The Producer Price Index, measuring the prices of raw goods on the open market, announced a 0.7% rise in prices for the month of January, the biggest increase since last summer.7 Economists surveyed by Dow Jones had predicted only a 0.4% rise.8 Oil prices remain on the high end but continue their trend of

dropping as US stockpiles grow and the US dollar rises compared to other currencies.9 Following the report’s release, the Dow Jones Industrial Average dropped 200 points.

Mortgage rates and rental prices remain stubbornly high as demand for housing far exceeds availability, for now. Rental prices are up 8.6% over a year ago.10 Apartment construction is now at a 40-year high, but it will take time for construction to catch up with housing needs and slow the rent growth. Already home construction has slowed in January to an annualized rate of 1.31 million homes, down from the previously estimated 1.36 million.11 The optimistic outlook for mortgages at present is that it could drop from 6.5% down to 5.5% by the end of the year, according to Lawrence Yun, chief economist for the National Realtors Association.12

The good news is that inflation has been falling for 6 months straight. The market forecast is that it will drop to 4% by the end of 2023 and below 3% in 2024.13 This will take pressure off the Fed. In the meantime, don’t expect this movement to be a steady, straight line across the board. Oil prices and new car pricing, for example, are on the rise, while airline tickets and used car prices are dropping.14

Meanwhile, the labor market is very strong. The unemployment rate has dropped to 3.4%, the

lowest in two decades, and January’s US jobs report showed 517,000 new jobs as opposed to the expectation of only 185,000.15 Jobless claims remain low in the meantime.

This glut of new jobs and rise in wages have still failed to entirely keep up with inflation, leading to a 1.8% loss in real pay over the last year.16 There remains some market trepidation that these new jobs (along with the Federal Reserve’s rate hikes) will factor into inflation and keep prices high.

Treasury rates have gone up, as the yield on the 2-year note is up 6 basis points (bps) to 4.67%, the 10-year note yield rises 3 bps to 3.84%, and the 30year bond rate nears 4bps to 3.89%. We’ll continue to keep an eye on the volatile Treasury yields, as inflation and a tight job market will likely spur the Fed to raise interest rates further. The Fed has already indicated its expectation that it will likely soon carry out two more quarter-point rate hikes. Dallas Fed President Lorie Logan said that the Federal Reserve “must remain prepared to continue rate increases for a longer period than previously anticipated.”17 The estimated range of 5% to 5.25% would already be the highest level since 2008, but Deutsche Bank took it a step further and predicted an additional two hikes over the course of 2023, to a range of 5.5% to 5.75%.18

Last year’s worries of a pending recession continue to ease. Economists at Goldman Sachs recently lowered their odds of a recession in 2023 from 35% down to 25%.19

And we will wait and see whether Congress is able to strike a deal to raise the debt ceiling by June, when the Treasury Department’s ability to pay its bills would be exhausted.

The upshot, though, is that the market’s fears of recession are subsiding but not gone. Expect the unexpected in 2023 and beyond. It’s best to plan and be disciplined about your asset allocation strategies, and when you need to be defensive, cash can be your friend.

Mark Martiak is a New York-based Investment Adviser Representative and Accredited Investment Fiduciary® for AGP / Alliance Global Partners, a registered investment adviser and broker-dealer, Member FINRA | SIPC. Mark is a regular Contributor to VEGAS LEGAL MAGAZINE and has appeared on CNBC’s CLOSING BELL, YAHOO! FINANCE MIDDAY MARKET MOVERS, FOX BUSINESS NETWORK and has been quoted in THE WALL STREET JOURNAL. Check out the Martiak Market Update Podcast wherever you listen to your podcasts.

Research provided by Josh Silverman. Such forwardlooking 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 result.

News items are based on reports from multiple commonly available international news sources (i.e., wire services) and are independently verified when necessary with secondary sources such as government agencies, corporate press releases, or trade organizations. All information is based on sources deemed reliable, but no warranty or guarantee is made as to its accuracy or completeness. Neither the information nor any opinion expressed herein constitutes a solicitation for the purchase or sale of any securities, and should not be relied on as financial advice. Forecasts are based on current

conditions, subject to change, and may not come to pass. U.S. Treasury securities are guaranteed by the federal government as to the timely payment of principal and interest. The principal value of Treasury securities and other bonds fluctuates with market conditions. Bonds are subject to inflation, interest-rate, and credit risks. As interest rates rise, bond prices typically fall. A bond sold or redeemed prior to maturity may be subject to loss. Past performance is no guarantee of future results. All investing involves risk, including the potential loss of principal, and there can be no guarantee that any investing strategy will be successful.

The Dow Jones Industrial Average (DJIA) is a priceweighted index composed of 30 widely traded bluechip U.S. common stocks. The S&P 500 is a marketcap weighted index composed of the common stocks of 500 largest, publicly traded companies in leading industries of the U.S. economy. The NASDAQ Composite Index is a market-value weighted index of all common stocks listed on the NASDAQ stock exchange. The Russell 2000 is a market-cap weighted index composed of 2,000 U.S. small-cap common stocks. The Global Dow is an equally weighted index of 150 widely traded bluechip common stocks worldwide. The U.S. Dollar Index is a geometrically weighted index of the value of the U.S. dollar relative to six foreign currencies. The market indexes listed are unmanaged and are not available for direct investment.

1 Seeking Alpha, “The State of the Market and Economy at Mid-Quarter,” Louis Navellier, 2/14/23

2 Associated Press, “Retail sales jump as Americans defy inflation and rate hikes,” Christopher Rugaber, 2/15/23

3 Associated Press, “Retail sales jump as Americans defy inflation and rate hikes,” Christopher Rugaber, 2/15/23

4 Associated Press, “Retail sales jump as Americans defy inflation and rate hikes,” Christopher Rugaber, 2/15/23

5 Yahoo Finance, “Stock market news today: Stocks fall, bond yields higher, and bitcoin rallies,” Dani Romero, 2/16/23

6 US Bureau of Labor Statistics The Consumer Price Index for All Urban Consumers (CPI-U) increased 5.0 percent over the last 12 months to an index level of 301.836 (1982-84=100). For the month, the index increased 0.3 percent prior to seasonal adjustment.

7 CNBC.com, “Wholesale prices rose 0.7% in January, more than expected, fueling inflation increase,” Jeff

Cox, 2/16/23

8 CNBC.com, “Dow falls nearly 200 points after another hot inflation report,” Sarah Min, 2/16/23

9 Bloomberg News, “Oil Slips as US Supply Build Overshadows Stronger China Outlook,” Immanual John Milton and Natalia Kniazhevich, 2/15/23

10 USA Today, “CPI report revealed inflated cost of housing. What that means for rent, mortgages,” Swapna Venugopal Ramaswamy, 2/14/23

11 U.S. Census Bureau, “Monthly New Residential Construction, January 2023,” 2/16/23

12 USA Today, “CPI report revealed inflated cost of housing. What that means for rent, mortgages,” Swapna Venugopal Ramaswamy, 2/14/23

13 “Can the market rally continue? Weighing the pros and cons of the path ahead,” Mona Mahajan,Sr. Investment Strategist, Edward Jones 2/13/23

14 CNBC.com, “Inflation rose 0.5% in January, more than expected and up 6.4% from a year ago,” Jeff Cox, 2/14/23.

15 “Can the market rally continue? Weighing the pros and cons of the path ahead,” Mona Mahajan, Sr Investment Strategist, Edward Jones 2/13/23

16 U.S. Bureau of Labor Statistics, Real Earnings Summary, 2/14/23

17 Yahoo News, “Stock market news today: Stocks rise after strong retail sales data,” Alexandra Semenova, 2/15/23

18 Associated Press, “Retail sales jump as Americans defy inflation and rate hikes,” Christopher Rugaber, 2/15/23

19 Associated Press, “Retail sales jump as Americans defy inflation and rate hikes,” Christopher Rugaber, 2/15/23

The Constant Shift in Las Vegas Real Estate

By Daniel Herrera

Be careful what you wish for...

It was not too long ago that the potential borrower was hoping for a decrease in real estate prices. Over the last year we have seen a downward trend in home prices and median home sales value but with that, came the constant increase in home loan interest rates. As the US Federal Reserve (The Fed) tries to make a push at controlling the nation’s growing inflation rate the pain inflicted on home buyers has been a substantial blow that has slowed down consumption over the past year. The process of purchasing a home has not changed but what is incredibly noticeable is the purchasing power decrease that the consumer faces due to higher interest rates. Industry forecasters feel that we have reached, or are relatively close to, the peak of mortgage rates

and that we should see low 5’s again before the end of the year. Those who waited for the Housing Market to adjust down are now having to pay more for their homes due to the higher rate market.

The entire home purchasing process has changed dramatically over the past year in the Las Vegas Valley. As of February 2023, the median days on market rose to 74 days. That is 53 MORE days than last year when homes were averaging 3 weeks on the market. The number of homes being sold also decreased 27.3% year over year in the month of February while the median sales price dropped 8% to $382,000. These numbers indicate that buyers can still take advantage of the trends by requesting seller concessions or possibly getting an offer accepted below listing price. The longer length

of time for homes listed on the market has also created an increase of 27.1% in price drops over the last year. Buyers still have the upper hand over sellers at the moment, but their purchase capacity has substantially decreased with the constant increases in the interest rates.

During the last two weeks of the first quarter, mortgage rates decreased after five consecutive increasing weeks, bringing a slight pause to the interest cost pain being incurred by all potential buyers. Home loan interest rates are still being indirectly effected by the current battle between high inflation and the Fed’s actions to fight and try to control inflation. The 30-year fixed rate mortgage average was 6.60% mid-March and has slightly decreased to 6.42% in the week ending on the 23rd of March. In early 2022 the average 30-year fixed mortgage rate was about 3.22% and it is currently, more than double, at around 6.87%. This goes to show that the cost of waiting one year to purchase a home has cost the consumer 100% more in increased interest.

Forecasting the direction of interest rates is a tough task but one thing is for certain: when rates do come down we’ll be sent into another HOT housing market. Inventory will be low and buyers will once again be submerged into bidding wars, which in turn will drive prices up. Rates will come down again, but the question is; When?

Home buyers have the choice of hanging on in hopes that interest rates go down and they experience a little less pain on the bank account. Real Estate will continue to be a good investment tool regardless of the rate industry due to the fact your only other alternative would be renting, which in turn is 100% interest on a home that you will never own.

Daniel Herrera is the Branch Operations Manager at Residential Bancorp. He can be reached at 714.878.3112 or daniel.herrera@ bancorp.com.

Indulgence Elevated:

Exploring the World of Luxury Cannabis Accessories

By Anthony Irving

As cannabis legalization spreads across the United States, the cannabis industry is evolving rapidly. With the market for legal cannabis estimated to be worth $73.6 billion by 2027, there is an increasing demand for luxury cannabis accessories. The high-end cannabis accessories market is booming, and Las Vegas is one of the top destinations for cannabis enthusiasts who want to indulge in the finest products available.

Luxury cannabis accessories include everything from high-end vaporizers to premium glassware, and they cater to a growing number of cannabis consumers who are willing to pay a premium for quality and style. These products are not just functional, but also serve as status symbols for those who want to show off their love for cannabis in a sophisticated and fashionable way.

Las Vegas, known as the entertainment capital of the world, is the perfect place for luxury cannabis accessories to thrive. The city is already home to some of the most exclusive brands in the world, and it is no surprise that cannabis companies are taking advantage of this. With the city’s booming cannabis industry and thriving tourism industry, it is the ideal market for high-end cannabis accessories.

One example of a luxury cannabis accessory brand that has found success in Las Vegas is Puffco, a company that produces high-end vaporizers for the discerning cannabis consumer. Puffco’s products are designed with the same attention to detail as luxury watches, and their products are highly sought after by cannabis enthusiasts who appreciate fine craftsmanship. Another brand that has found success in Las Vegas is Marley Natural, a lifestyle brand that offers a range of high-end cannabis accessories, including smoking pipes, rolling trays, and storage containers. The brand is inspired by the legendary musician Bob Marley, and their products are designed to capture the essence of his spirit and style.

The demand for luxury cannabis accessories in Las Vegas has also led to the emergence of new brands in the market. One such brand is Higher Standards, which produces a range of highend cannabis accessories that are designed to enhance the smoking experience. The brand’s products include everything from cleaning supplies to ashtrays, and their products are highly coveted by cannabis enthusiasts who want to elevate their smoking experience.

As the cannabis industry continues to grow in Las Vegas, the demand for luxury cannabis accessories is only going to increase. With the city’s thriving tourism industry and growing number of cannabis consumers, it is the perfect market for high-end cannabis accessories to thrive. In fact, the Las Vegas Strip has already seen the opening of a number of cannabis dispensaries that cater to the high-end consumer.

In addition to the demand for luxury cannabis accessories, Las Vegas is also a hub for cannabis-related events. The city hosts a number of cannabis-related conferences and expos throughout the year, and these events attract a large number of cannabis enthusiasts from around the world. These events provide an opportunity for luxury cannabis accessory brands to showcase their products to a highly targeted audience.

As the cannabis industry continues to evolve, it is likely that we will see even more high-end cannabis accessory brands emerge in Las Vegas and other markets. These brands will cater to the growing demand for quality and style in the cannabis industry, and they will help to elevate the image of cannabis from something that is associated with stoners to something that is sophisticated and fashionable.

In conclusion, the demand for luxury cannabis accessories in Las Vegas is on the rise, and the market for these products is only going to grow as the cannabis industry continues to evolve. Brands like Puffco, Marley Natural, and Higher Standards have already found success in the market, and we can expect to see even more brands to emerge in the coming years. With the city’s thriving tourism industry and growing number of cannabis consumers, Las Vegas is the perfect market for high-end cannabis accessories to thrive.

145 MILES IN 5 DAYS

Beginning on July 12th, I will run 145 miles over five days from Milwaukee, WI to Valparaiso, IN which is approximately a marathon a day.

Why I'm Running

This is very important to me as my sister-in-law was diagnosed with MS and lives with the daily effects.

In addition to running, I have committed to raising $10,000. Consider supporting my run here:

MS Run the US is dedicated to raising awareness and funds for those living with multiple sclerosis (MS) to provide hope, to aid those living with disability from the disease and to support research to stop it.

Something here is critical to winning your client’s personal injury case. Can you spot it?

Breaking Down The Differences Between LLCs & S Corps

Written By Donovan Thiessen, CPA

Limited

Liability Companies (LLCs) and S Corporations are two popular entity structures for small businesses in the United States. Selecting the appropriate business entity is an early, critical decision for business owners. This article will address the fundamental differences of having an LLC or an S Corporation structure: self-employment taxation, distribution of profits, and the qualified business income deduction.

Selecting an LLC as their first entity is the most common for small business owners. The owners’ personal assets are protected from the business’s liabilities; they are simple to maintain and have much flexibility for income tax purposes. Let’s look at the income taxation of an LLC taxed as a partnership, where profits are subject to self-

employment (SE) and ordinary income taxes. To better understand how SE taxes work, we need to look at salaries for W-2 employees. Those wages are subject to FICA taxes (social security and Medicare taxes). The employee pays a 6.2% social security tax on wages up to $160,200. The employer also pays 6.2% in social security taxes up to that wage base, which is indexed for inflation and increases yearly. In addition, the employee and employer each pay 1.45% in Medicare taxes, not subject to wage limitations. The employer can deduct the FICA taxes paid, whereas the employee does not deduct his or her portion paid.

The LLC pays no salaries to the member (owner) on a form W-2; the profits are subject to self-

employment taxes. Self-employment taxes are the same as FICA taxes, except that the owner must pay the employer and the employee portions on their income tax return. This means the social security tax is 6.2 +6.2 = 12.4% and the Medicare tax is 1.45+1.45 = 2.9%. Further, 12.4 + 2.9 = 15.3% in SE taxes. The social security tax is assessed on the first 160,200 in 2023, while the Medicare tax is applied to all income. This tax is in addition to the ordinary income taxes on the same income. A taxpayer with an LLC profit of 130,000 filing as a single individual will pay ordinary income tax in the 24% marginal bracket and the 15.3% selfemployment tax. At approximately this income level, it might be best to keep filing under this tax strategy. It might also be an excellent time to discuss the election to have your LLC taxed as an S corporation.

Profits from an S corporation are not subject to self-employment taxes. Before you run out and elect to be taxed as an S corporation, it isn’t simply better for income taxes to be an S corporation. Like the LLC scenario, an S Corporation does not pay income taxes at the entity level; the income is passed through the entity to the owners’ level on their individual income tax return. A key difference is that shareholders of an S corporation that perform services to the company are required to be paid a “reasonable” wage. This reasonable wage is subject to FICA taxes as per the above outline; however, only that salary portion is subject. The remaining profits are subject to ordinary income taxes (not SE tax) and can be distributed from the company to the owner without any income tax consequences. This is how it works under normal situations where you are distributing profits, not loan proceeds, and not funds received for reasons other than profits. As long as you pay a reasonable wage, you can save money on SE taxes. This transition from an LLC to an S Corporation seems to work best around the point where you have $100,000 in profits and they are increasing. As profits increase from this range, so do increased tax savings opportunities. However, it still doesn’t mean that you should run out and do this without

further consideration. There are additional considerations for an S Corporation other than tax savings.

Profits and losses (versus property distributions) are also allocated to the owners on a pro rata basis in an S corporation setup. This is a drastic difference from LLCs that allow extreme flexibility for allocating income and losses according to the operating agreement. Again, this concept applies to situations where multiple owners contribute different levels of property and services.

An S corporation can only have one class of stock and no more than 100 shareholders. If you

and your spouse are the only members of an LLC, you can treat is as a disregarded entity for income tax purposes and include the income and expenses on your Form 1040 individual income tax return. This contrasts with an S corporation, which requires a separate annual income tax return. Due to the requirement for a reasonable salary, you will also have to start a payroll account that files and pays quarterly payroll, state unemployment tax returns, and an annual W-2 and Form 940 federal unemployment tax return. These additional costs tend to chip away at the potential SE tax savings.

The most important consideration is the S corporation rule that requires all cash and property distribution to be “pro rata.” This means in proportion to your ownership. In an LLC where you have multiple members that provide varying levels of contribution to the company (cash or services), the LLC can be organized flexibly as to how it pays out profits. It can be set to distribute profits to the LLC member that provides the services to the company and perhaps not to the passive investors, or however you set the partnership agreement. In contrast, any cash distributions in an S corporation must be paid to each shareholder based on their ownership percentage level. Take for instance; you have 3 passive investors in your S corporation, which an aggregate ownership level of 50%. They provide no services to the company except that they contributed property (cash and equipment). If the company has $100,000 in profits and decides to distribute it to the owners, the nonpassive owner would receive $50,000 and the passive owners would receive $50,000. Every time a distribution is made, it must be made according to the ownership percentages. This is a requirement for S corporation, and failure to comply could result in the termination of the S election. The S election might be good for tax savings. However, depending on how your company is organized and the profit distribution method that makes sense for your business, it might be terrible for paying owners in a business with multiple owners.

If the annual income is well beyond the $100,000 level described earlier, you could be leaving considerable tax savings on the table if you don’t elect S corporation status. Or at least don’t elect to be taxed away from an LLC or sole proprietor. I’ve seen situations since 2018 where the taxpayer is not correctly analyzing the qualified business income deduction per IRS code section 199A. This is because if you have qualified business income in excess of $182,100 if filing as single, or $364,200 for married filing jointly, your business must have paid wages during the tax year or else you will be limited or unable to deduct the qualified business income deduction. This deduction is 20% of the business profits. On a business that has $400,000 in profits, this is an $80,000 deduction. There are many limitations and planning that go into this, but if your business didn’t pay wages of at least 40,000 in this example, you might not be able to take this deduction. Last month I saw someone in this position, and it cost him an extra $20,000 in income tax by not having S corporation status and simply optimizing the wages paid for the year. He has the opportunity to change this setup for 2023, so hopefully he makes an appointment to discuss this opportunity.

Whether or not to be taxed as an LLC or an S corporation is a unique decision to each business. The self-employment tax situation is normally a major part of the conversation but there can be other considerations such as distributing profits and Code Section 199A optimization. As is often said, “consult your tax advisor” for definitive information on your situation.

Donovan Thiessen, CPA is the founder and owner of The Accountant, LLC. Our mission is to help business owners make better decisions by providing timely and accurate financial and tax analysis. You may reach Donovan at donovan@ theaccounantcpa.com,www.theaccountant. cpa, and 702.389.2727.

Driving Transformation

Transforming Industries with Artificial Intelligence in Southern Nevada and Beyond

Written By Korey Pazour, CEO of Sin CitAI

In the bustling city of Las Vegas, an emerging artificial intelligence (AI) management company, Sin CitAI, is making waves by transforming the way industries operate in Southern Nevada and throughout the United States. Leveraging advanced AI technologies and innovative approaches, Sin CitAI is revolutionizing sectors such as healthcare, financial services, legal practices, and technology companies. In this article, we explore the profound impact of Sin CitAI on these industries and how it is reshaping the business landscape.

Healthcare Transformation

Sin CitAI is revolutionizing healthcare by leveraging AI to improve patient outcomes, optimize operations, and enhance decision-making processes. Through data analysis and predictive modeling, Sin CitAI empowers healthcare providers to identify patterns, improve diagnoses, and develop personalized treatment plans. AI-driven solutions also streamline administrative tasks, automate patient monitoring, and facilitate medical research, ultimately improving

the overall efficiency and effectiveness of healthcare delivery.

Reinventing Financial Services

The financial services industry is experiencing a significant transformation thanks to Sin CitAI’s innovative AI solutions. From fraud detection and risk assessment to personalized financial recommendations, Sin CitAI enables financial institutions to leverage data analytics and machine learning algorithms to better understand their customers, mitigate risks, and improve operational efficiency. AI-powered chatbots and virtual assistants are also enhancing customer experiences by providing real-time support and personalized financial guidance.

Empowering Attorneys with AI

Sin CitAI is revolutionizing the legal landscape by empowering attorneys with advanced AI tools and capabilities. By automating legal research, document analysis, and contract management, the

company helps law firms improve productivity, enhance accuracy, and deliver higher-quality legal services. AI-powered solutions also enable attorneys to identify relevant case precedents, develop stronger legal arguments, and make more informed decisions, ultimately enhancing their ability to serve their clients effectively.

AI Innovation in Technology Companies

Sin CitAI is a driving force behind innovation in the technology sector. By developing AIdriven applications, Sin CitAI helps technology companies leverage machine learning, natural language processing, and computer vision technologies. These applications enable businesses to automate processes, enhance product development, and gain valuable insights from vast amounts of data. Sin CitAI’s contributions are shaping the future of technology and positioning companies for success in the rapidly evolving digital landscape.

The Sin CitAI Advantage

Sin CitAI’s success in transforming industries lies in its commitment to pushing the boundaries of AI and its understanding of industry-specific challenges. By collaborating closely with businesses in healthcare, financial services, law, and technology, Sin CitAI tailors its AI solutions to meet their unique needs. This personalized

approach ensures maximum impact and enables organizations to unlock new opportunities, improve operational efficiency, and stay ahead in an increasingly competitive market.

Furthermore, Sin CitAI’s presence in Las Vegas strengthens the region’s reputation as a hub for technological innovation. By attracting talent and fostering collaboration with local businesses, Sin CitAI contributes to the growth and diversification of the Southern Nevada economy, driving long-term sustainability and prosperity.

Sin CitAI is an emerging AI management company in Las Vegas that is revolutionizing industries across Southern Nevada and the United States. Through advanced AI technologies and industry-specific solutions, Sin CitAI is transforming healthcare, financial services, legal practices, and technology companies. By leveraging the power of AI, organizations can enhance operational efficiency, drive innovation, and deliver improved experiences to their customers. As Sin CitAI continues to lead the charge in AI-driven transformation, Las Vegas cements its position as a hub for cutting-edge technology and innovative business practices, fueling economic growth and positioning industries for success in the digital age.

LIFESTYLE

“Your time is limited, don’t waste it living someone else’s life.”

- Steve Jobs

TIKI LIFESTLYE

Immersive, Entertaining and Addictive

By Don Logay

The term “Tiki” is fascinating. As a word alone, historically it traces back many centuries to the Southwestern Pacific Ocean, New Zealand and ancient mythology of the island’s Maori tribe that carved various forms of the first man, a god, they called “Tiki.”

As such, Mister Webster simply defines Tiki as “A wood or stone image of a Polynesian supernatural power.” Yes... and no.

In reality – and over nearly 100-years here in the U.S. – Tiki has morphed into a cultural phenomenon... ranging from a fun theme and entertaining escape to a full-blown immersive lifestyle and tantalizing subculture that is totally addictive.

Mickey and Tiki

The best way to understand the lure of Tiki, is spending a day at Disneyland. The minute you pass through the gates you’ve entered Walt’s Magic Kingdom. Cares of the outside world no longer exist... and before you know it, you’re wearing Mickey Mouse ears, donning a Disney character T-Shirt and singing along to “It’s a Small World” (which both Time magazine and the Library of Congress note has been played more than 50 million times since 1966

making it the most played song in music history).

To better understand how vast and lucrative such an immersive lifestyle can be, consider that over three million pairs of Mickey Mouse ears are sold annually at Disney World... and (proving this Disney stuff is not just for kids) another $3 billion worth of licensed Mickey Mouse goods are sold every year to adults and outside of Disney properties. Keep that in mind the next time you see a 65-year old wearing a Mickey Mouse shirt at Walmart. And so it is, as well, with the surprising and burgeoning world of Tiki Culture. It too is instantly immersive, thoroughly entertaining and equally addictive.

Anatomy of the Tiki Lifestyle

For most, it begins with visits to a local Tiki-themed bar and/or restaurant. Today, every city (big or small) has one, maybe two or even more. Here in Las Vegas, we have famed tourist stops – like the The Golden Tiki and Frankie’s Tiki Room – as well as popular local spots like Tiki Di Amore and the Red Dwarf.

Each has its own distinct character: The Golden Tiki is a blast-a-minute fun-filled experience of lavish

tropical drinks and live entertainment in a colorful Pop-Polynesian setting... while Frankie’s Tiki Room is a darker, quieter and more authentic vintage Tiki vibe. Both are great, equally popular and 24-hour Vegas. The local spots are gaining in notoriety and popularity as well.

While each of these famed Vegas locations are quite different, like hundreds of other Tiki-themed bars and restaurants all over the U.S., they are similar in that they are “individual” within a given spectrum of eclectic Tiki décor and mysterious tropical atmosphere that traces back nearly 100-years to a talented visionary named Ernest Raymond Gantt.

The Beachcomber and the Trader

Known as the “founding Father” of Tiki culture, Ernest Gantt envisioned and opened the first quintessential Tiki bar – Don the Beachcomber –when prohibition ended in 1933. Located at 1722 North McFadden Place in Hollywood, as his place became successful, Gantt himself became known as “Don the Beachcomber” and later legally changed his name to Donn Beach.

Shortly afterward, a second trend-setter named Victor Jules Bergeron, Jr. opened a similarly-themed

competitive Polynesian style bar and restaurant in Oakland, California – called Trader Vic’s – and in the years that followed, these two dueling pioneers continued designing and refining wonderful island atmospheres, creating proprietary classic tropical drinks and opening nationwide chains of namesake Tiki bars and restaurants that reigned for decades... and that, in turn, launched the vast Tiki culture we know and enjoy today. Vast you say? Yep... read on.

The Tiki Subculture

Nearly 100-years later, the immersive and entertaining aspects of all things Tiki comes into play... and underscores the word “addictive.”

Going back to one’s first visit (or visits) to a cool Tiki bar and restaurant, the fun atmosphere and sense of escapism – fueled with awesome custom tropical drinks and Polynesian style fare – generally triggers a desire for more... and the “more” leads to return visits, often with friends, and the wearing of Hawaiian shirts, Muu-Muus and (not long afterward) adding leis and flowers in the hair to the mix. And so it goes.

A key element in one’s introduction to all-things-Tiki are the luscious tropical drinks designed and served

Photo courtesy The Golden Tiki

Adam Rains, Chief Mixologist at The Golden Tiki in Las Vegas, creates deliciously layered custom Tiki drinks served with showmanship.

up by the skilled individuals behind the bar. One such person is, Adam Rains, Chief Mixologist and the “face” of The Golden Tiki in Las Vegas.

“Since 2015, The Golden Tiki has been a whimsical gathering place for all types of people,” notes Adam Rains, “and I strive to enhance their visit to our world of pirates, shrunken heads and animated parrots with beautifully blended custom Tiki drinks, that are deliciously layered, artfully complex and served with a dash showmanship... which often means flaming.”

“Today, there is definitely a Tiki Renaissance,” he adds,“and we’re right in there.”

Out and About – and at Home

The “Tiki Renaissance” Adam Rains alludes to is much larger than one might think. For example, there are a number of popular online sites that just chronicle and report on all things relating to the Tiki lifestyle. One such well known blog is “Tiki With Ray” hosted by Ray Wyland.

“When I started I had no idea how big the Tiki culture was... I assumed there might be a handful of home Tiki bars in various cities across the country. I was pleasantly surprised to find there was so much more.” He states, “So far, I’ve featured over 100 amazing home Tiki bars and that number is still climbing! I’m finding people everywhere living the Tiki lifestyle... at local Tiki bars and restaurants, in Tiki clubs and gatherings... collecting Tiki art and mugs... and dressing up in their best Aloha wear.”

Ray Wyland observes, “There are three things I’ve noticed in recent years... First, there are more and more beautiful Tiki bars and restaurants opening everywhere, border-to-border and coast-to-coast... Second, the quality of today’s drinks have gone from simple Mai-Tai’s to an incredible array of beautifully crafted Tropical cocktails with custom blends of quality liquors... and Third, there is a proliferation of individual home Tiki bars that are truly amazing.”

“The Tiki culture in America is growing,” he adds, “and I’m proud to be part of it!”

There are three outstanding home Tiki bars located here in Las Vegas that Ray recently featured... and they represent the types most commonly found.

In, Out and Holy Cow!

The first is “indoor” and generally tucked into a corner or popular focal spot for entertaining. It can be a simple DIY set-up with a few stools and some island décor... or a lavish pro-designed beautiful and expansive Tiki environment that often spills into an adjacent room (or two) like the “Aristocrat Tiki Lounge and Hash Bar” seen in the home of Perry Hitechew.

Second is an “outdoor” Tiki environment located on a patio or deck and/or as a self-contained freestanding Tiki “Hut” like the fascinating “Smoking Monkey Tiki Lounge” behind the home of Lola and Jimmy Nielsen. There one finds both a large Tiki bar on the patio and nearby, a fully decked-out lavish Tiki “room” – filled with artwork and eclectic treasures – that began as simple pre-fab Tuff Shed.

Third is an “indoor/outdoor” pervasive Tiki environment that extends floor-to-ceiling and wall-to-wall in every room and dominates virtually every nook and cranny in one’s home – as seen in the fully-themed residence of Angela and Michael Klingenmeir... complete with a cozy indoor

The Indoor “Aristocrat Lounge and Hash Bar” in the Home of Perry Hitechew, features a warm and inviting floor-to-ceiling Tiki theme and extends to an adjacent area for relaxing and entertaining. Photos courtesy Billy Crud

The outdoor “Smoking Monkey Tiki Lounge” behind the home of Lola and Jimmy Nielsen is a fully-decked out Tiki room, entertainment-ready and filled with eclectic treasures, that began as a simple pre-fab Tuff Shed. Photos courtesy Jimmy Nielsen.

“Enchanted Klinki Room” (a tribute to Disney’s Enchanted Tiki Room) and a pro-designed, custombuilt expansive outdoor Tiki bar facing the pool.

To see write-ups on these three outstanding Las Vegas home Tiki bars, visit www.tikiwithray.com and select: Home Tiki Bar Spotlights #100 Perry’s Aristocrat Lounge and Hash Bar, #99 The Smoking Monkey Lounge and #85 Enchanted Klinki Room.

But wait... There’s More!

You’ll find today’s Tiki culture extends far beyond just the realm of commercial Tiki bars, enticing Polynesian-themed restaurants and lavish home Tiki bars. Take a peek and you’ll find there is also a vast array of intriguing Tiki products and supplies offered online and in dedicated specialty shops, as well as a host of skilled professionals that will design, build and create the Tiki environment of your dreams.

There are even a handful of professional Tiki “carvers” who specialize in recreating authentic Tiki images and designs in many forms. One such talented wood carver is located here in Las Vegas... and Billy Crud (yes Crud) has gained notoriety for his many beautiful works of art seen in both Frankie’s Tiki Room, The Golden Tiki and home Tiki bars all throughout Las Vegas... including two of those featured by Tiki With Ray.

The lavish indoor/outdoor Tiki environment in the home of Angela and Michael Klingenmeir extends floor-to-ceiling and wall-to-wall in every room and includes a cozy “Enchanted Klinki Room” with adjacent seating cove inside and an expansive pro-built Tiki bar outside.

Photos courtesy Angela Klingenmeir

Skilled local wood carver, Billy Crud (yes Crud), has nearly 20-years experience creating Maori inspired works of art seen in many Las Vegas Tiki bars.

Photo courtesy of Billy Crud

Billy Crud got this nickname many years ago from a 1980’s TV Beetlejuice cartoon featuring a surly bovine named “Bully the Crud.” As Billy is also a bit brash and loveably outspoken, the name stuck... and today, owners of his prized work might be overheard to say, “This Maori inspired masterpiece was artfully carved by the one-and-only Billy Crud... yes Crud.”

Take it From Me

By sheer coincidence, today is Donn Beach’s Birthday and many Tiki establishments are offering his famous “Zombie” drink created back in 1933. The Zombie is a challenging tropical drink that combines four types of premium rum with a proprietary blend of fresh juices, cinnamon syrup and grenadine into a sneaky stealth cocktail that he cleverly offered to patrons with a strict two-per-person limit (for one’s own safety)... and the legend of his infamous trademark creation continues on to this day.

So do be forewarned, the Tiki lifestyle is indeed immersive, entertaining and addictive... and I am living proof.

I’m about to put on my favorite Tommy Bahama Hawaiian shirt and head over to The Golden Tiki for a Zombie (or two) in honor of Don the Beachcomber’s birthday. I’m also enclosing a photo of my outdoor home Tiki bar... yep, I’ve got one too.

So, as you can see, the Tiki lifestyle is... well, you know. Just beware – and only check it out if you’re up for some fun and adventure.

Don Logay is an award-winning journalist and former Editor-in-Chief of three national magazines. Today he writes luxury lifestyle articles for numerous publications. He can be reached at (949) 240-4444 or press@donlogay.com.

Author’s outdoor home Tiki bar, on a 12’ x 26’ wood deck, is a never-ending work in progress… and there’s always time to pause for a cool tropical drink with friends. Photo courtesy Don Logay.

THE SMITH CENTER

By Myron G. Martin, President

While preparing for a recent keynote speech, a series of stories gushed forward in my mind, most of which I hadn’t really talked about in public, but all of which had something powerful in common.

The distinct common thread of these stories pointed to having an angel on our collective shoulders as we planned, built and opened The Smith Center. There is just no other way to explain it.

Yes, the mere fact that The Smith Center ever happened was a miracle in itself. In a city that understands betting odds, the project to build the city’s performing arts center was nothing short of a long shot.

But there were specific things – wholly unplanned things - that happened that ended up making it all possible. Was it heavenly intervention? I can’t say

and CEO, The Smith Center

for sure, but it sure felt like it sometimes.

For example, a potential donor once told me that his mother came to him in a very vivid dream saying that he should support the center, which he did the next day in a big way. It was through the support of these kinds of generous donors that took us over the line in making The Smith Center a reality.

In another instance, I truly believe that angels were there on my shoulder to coach and inspire me. It occurred when I was giving our late friend Tony Hsieh a hard hat tour of the building while under construction. I had no idea that his favorite movie was Pretty Woman, but when we were standing in the very first box on the house right side, I spontaneously said to him, “You know in San Francisco, where you moved from, they call this the Pretty Woman box.” He immediately responded by telling me how much he loved the

film, sharing numerous details of some of his favorite scenes. In that moment, I was moved to say that I was pretty sure that he wouldn’t be able to put his name on that box in San Francisco, but that in Las Vegas he could. Right then and there he said, “I’ll take it.” Did I plan to talk about a Julia Roberts movie that day? No, but something made me do it, and I am forever grateful.

The number of stories like these are way too many to tell. It’s almost uncanny how many situations like these I encountered!

But allow me to share my favorite with you. It was on March 10, 2012, when we were preparing to officially open The Smith Center’s doors for the very first time. It was a thrilling moment for us. A national PBS audience would see Las Vegas in a new light that night with a truly spectacular star-studded cast. And the extraordinary TV producer George Stevens had created this amazing night of just-see TV, with a piece for Don Snyder, Fred Smith and me to deliver in the middle of the show.

To set the stage (so to speak), Mary Smith, who had been there for the groundbreaking, wasn’t able to make it to the opening night celebration.

As Don, Fred and I were walking backstage to get ready for our presentation, the great John Fogarty was performing his biggest hit onstage. As we walked, I saw Fred pause for a moment, so I slowed down to let him catch up. When he did, I asked if he was ok. He shook his head and said “yes” as he wiped a tear from his eye, then grabbed my arm and said, “This was Mary’s favorite song.” I tuned in more closely to realize that Fogarty was playing the song “Proud Mary.” Coincidence, or what? Again, I don’t know, but it was certainly an inspiring moment.

Right before we walked on stage to make our comments, Fred said to me, “This is an amazing place, and I know Mary would be proud.” Needless to say, I beamed.

Some may insist this was all a coincidence, but I, however, know that I have been blessed to both know some very proud and amazing people and be in the right place to witness some amazing events. Because of this, I want to say thank you to all the angels who continue to support The Smith Center. You’ve touched our lives and you continue to inspire us all.

TRADE SHOWS, EXPOS AND CONVENTIONS

The Other “Show Business” of Las Vegas

Las Vegas has long been known as the “Entertainment Capital of the World,” boasting 4.2 neon-drenched miles of wall-to-wall famous mega-casino hotels featuring 24-hour gambling, a lavish array of four-star celebritychef restaurants and a never-ending roster of big-name superstar entertainment. It is also why, year after year, Las Vegas is rated the number one draw for tourism.

That same unbeatable combination is also a big draw for another big group of annual Las Vegas visitors: Trade Show, Convention and Meeting Attendees.

You most likely do not give this a great deal of thought, until TV news reports that the big (fillin-the-blank) trade show is in town, then – for you – it simply means heavier traffic and longer

By Don Logay

morning and afternoon city rush hours. Or if you happen have out-of-town friends visiting... better brace them for busier than usual restaurants, harder to get show reservations and longer waits for Uber, Lyft and Taxis.

And, if you happen to have travel plans yourself, it certainly means the airport will be busier and more frustrating than usual.

What’s in it for Me?

To make things a bit easier to follow, we’ll round off some numbers to help you keep track. With that said, Las Vegas will see about 39 million visitors this year, of which five million (or 13%) will be here for a trade show, convention or meeting of some sort. And that 13% is something you’ll want to make note of and remember (more on this number in a moment).

Basically, when it comes to the world’s largest and most prestigious trade shows and business conferences, all roads lead to Las Vegas, and there are about 75 major trade shows every year and approximately 24,000 conventions and meetings of all size.

Las Vegas also is known for generating above average attendance for all types of trade shows and meetings, and when they rotate into our city, research shows a 15% increase in attendance, with more time spent in meetings and on the trade show floor, and more time spent here in town – both before and after.

Trade show and convention attendees also represent billions and billions of dollars in revenue for our local economy and that allimportant 13% of our total visitors really does impact your life... directly... and in a big way. In a moment, you’ll see why.

Vegas Working for You

First, a few trade show stats. For 26-years, Las Vegas has been the undisputed number one destination in the United States for trade shows and meetings of all size.

A few facts make it a no-brainer for meeting planners. The airport is just minutes from all that the Strip has to offer and it is just four miles to the world-class 4.6 million square-foot Las Vegas Convention Center (LVCC) located within a short distance of approximately 150,000 guest rooms. The spectacular Las Vegas Convention Center – owned and operated by the Las Vegas Convention and Visitors Authority (LVCVA) – is one of the busiest facilities in the world, with over two million attendees passing through its doors annually to walk 2.5 million feet of trade show aisles or to attend events in any one of its 225 meeting rooms.

Photo below courtesy Las Vegas News Bureau / Las Vegas Convention and Visitor Authority

The LVCC is a sprawling complex with a 2.2 square mile campus consisting of four expansive North, Central, South and West exhibit halls... all now interconnected with a space-age underground tunnel transportation system, recently completed by Elon Musk’s Boring Company, that whisks attendees from hall-tohall in a matter of minutes at no cost in a vast fleet of electric Tesla automobiles.

The list of forward-thinking elements and projects that keep Las Vegas number one on meeting planner’s agendas is both obvious and ever expanding. Still, it begs the question...

Why is this Good for You?

As of 2022, Nevada, Florida, New Hampshire, South Dakota, Tennessee, Texas, Washington, Wyoming and Alaska are the only states that do not levy a personal state income tax... and Nevada has no state income tax because tourists pay most of the state’s taxes.

The dreaded “Hotel Room Tax” – added to every visitor’s hotel bill – and the taxes on various revenue streams from casinos pays the bills.

When one takes out their calculator and starts tracking some of these huge trade shows, the numbers of those pesky conventioneers... jamming our highways and byways and eating in our famous restaurants, taking in the big shows and gambling their days and nights away... start looking pretty good.

Remember that 13% of all visitors we mentioned earlier? Here’s just a few stats to consider. As the sign Says...

Welcome to Fabulous Las Vegas

Every January, the Consumer Electronics Show (CES) kicks off the season with the largest Trade Show in the United States historically with about 180,000 attendees (multiplied by 13%, that’s 23,400 folks kicking in toward eliminating your personal income tax). See where we’re going with this?

Other notable large annual trade shows are: SEMA (Specialty Equipment Market Association) with 160,000 automotive industry attendees (calculators clicking away). There’s also CONAGG/EXPO (big construction equipment) with140,000 attendees and the consolidated DESIGN & CONSTRUCTION WEEK, with five simultaneous major trade shows running at once (International Builders Show, Kitchen and Bath Industry Show, National Hardware Show, International Surfaces Event and the Las Vegas Market Week for furniture... and a city-wide attendance reported at 200,000 (calculators still clicking away).

These are just a few of the 75 or so big annual trade shows... and millions of attendees... which

contributes a whopping 13% toward eliminating your Nevada state income tax obligation.

Starting to feel better about all those conventioneers? Then there are also attendees of the 24,000 or so smaller conventions and meetings per year (can your calculator handle all the zeroes?).

But Wait – There’s More !

You also have a highly-effective “silent partner” that’s hard at work every day of the year: The Las Vegas Convention and Visitors Authority (LVCVA).

A renown leader in the travel and tourism industry, the LVCVA is a “dedicated group of professionals with one shared mission – to promote Las Vegas as the world’s most desirable destination for leisure and business travel.”

And they do it very, very well. Founded in 1955, the LVCVA owns and operates: the Las Vegas Convention Center, the city’s sleek above ground Monorail and the new underground “Vegas Loop” futuristic tunnel transportation system.

It is also responsible for all advertising and promotion that keeps Las Vegas in the forefront.

One of the primary roles of the LVCVA is continually “branding” our fair city... and since 2007, Las Vegas has been the second-most recognizable brand in the U.S. following Google. One of its many accolades is creating the now famous “What happens in Vegas, stays in Vegas” catchphrase created with its advertising agency R&R Partners.

The best part is the LVCVA is also paid for with a percentage of the Hotel Room Tax on every visitor’s hotel bill and the various taxes on casinos. There’s no cost to you and I, and as far as its effectiveness is concerned, a recent study by Applied Analysis shows the advertising efforts of the LVCVA tourism-wise return $26 for every $1 spent.

“These results are a powerful testament that what we do in concert with our resort partners to market this destination has an undeniable impact on our community,” said Steve Hill, CEO and president of the LVCVA.

The LVCVA keeps tourists and conventioneers coming... year after year... which, in turn, plays a big role in helping to eliminate your Nevada state income tax.

A Warm Las Vegas Welcome

With innovative thinking, added to a stateof-the-art convention center and first-of-itskind underground transportation system, the acknowledged “Entertainment Capital of the World” is fully engaged in presenting the Trade Shows, Expos and Conventions of tomorrow today.

Photos (below and next page) courtesy Las Vegas News Bureau / Las Vegas Convention and Visitor Authority

“Las Vegas is the top destination for business travel. We offer the newest technology in the many convention and meeting locations throughout the city of Las Vegas, all in close proximity to an International Airport and more than 150,000 hotel rooms,” states Las Vegas Mayor, Carolyn G. Goodman.

“Conventions and trade show planners know that their clients want to visit Las Vegas,” she adds, “to experience all that our city has to offer.”

So, with that in mind, the next time you’re out and about – and you see a group of conventioneers

sporting colorful badges from the big or small (fill-in-the-blank) Trade Show, Expo or Company Meeting – remember they are here contributing 13% to eliminating your Nevada state income tax obligation.

Simply nod your head, smile and quietly think “Thanks for coming!”

Don Logay is an award-winning journalist and former Editor-in-Chief of three national magazines. Today he writes luxury lifestyle articles for numerous publications. He can be reached at (949) 240-4444 or press@donlogay. com.

ENDURANCE TRAINING

Written by Dr. Cash

Endurance training is an exercise program that will improve your stamina and your ability to walk, run for a longer period of time. These types of program take a lot of dedication and discipline. You have to eat healthy, sleep soundly, supplement wisely and plan accordingly. A strength/weight program also goes hand in hand with endurance training.

The American Heart Association (AHA) recommends the following for the general public:

• Get at least 150 minutes per week of moderateintensity aerobic activity or 75 minutes per week of vigorous aerobic activity, or a combination of both, preferably spread throughout the week.

• Add moderate- to high-intensity musclestrengthening activity (such as resistance or weights) on at least 2 days per week.

• Increase amount and intensity gradually over

time.

Endurance Training Basics

Activities such as biking, swimming, walking and running are typically great for endurance training.

If you are starting endurance training, you might want to get a professional trainer in the field. This will help keep you on track and focused.

The most common type of endurance training is cardiovascular exercise, which focuses on building lean muscle. Your muscles might not look visibly bigger, but they will be getting stronger.

As with any athletic activity, there can be a risk of injury with endurance training. Most often, endurance training injuries include stress fractures, strains, or tendonitis, and happen because of overuse.

These injuries are more likely to happen when

you increase the volume of your training too quickly.

If you have a previous or pre-existing health condition, consult your physician before beginning an exercise program. Proper exercise technique is essential to ensure the safety and effectiveness of an exercise program. Still, you may need to modify each exercise to attain optimal results based on your individual needs. Always select a weight that allows you to have complete control of your body throughout the movement. When performing any exercise, pay close attention to your body, and stop immediately if you note pain or discomfort.

Strength Training

Strength training is a common practice along with your cardio workout. A well formulated strength training regime can improve your athletic performance by developing attributes such as muscular development, mental acuity and the energy to power through longer workouts.

The Strength Institute of Western Australia published an article on the benefits of strength training for endurance athletes. Some of the highlights were that it has been shown that strength training improves both short term (<15 minutes) and long term (>30 minutes) capacity in endurance athletes (Aagaard & Andersen, 2010). These results were consistent in both untrained and highly trained, elite athletes. It’s important to emphasize the improvement in highly trained athletes as these populations generally experience the smallest increments of improvement due to the years of training and mastery of their chosen sports.

These results have been reproduced in a variety of endurance sports including running (Sedano, Marin, Cuadrado, & Redondo, 2013), rowing (Izquierdo-Gabarren et al., 2010) and cycling (Ronnestad, Hansen, & Ellefsen, 2015). The studies mentioned above focus around some key strength training principles and such as periodization and specificity. Here are some

of the guidelines they had success with.

• Utilize strength training at least 2-times per week (Ronnestad et al., 2015). Assuming you have an adequate amount of recover between lifting weights, multiple sessions have a greater effect on developing muscular strength.

• Use a periodized training program (Ronnestad et al., 2015). If you do the same exercises, volumes and training intensity, your body’s ability to adapt from the training stimulus will drastically decrease.

• Some of the best results came from combining heavy strength training with explosive strength training/plyometrics (Sedano et al., 2013). This sort of concurrent training allows for muscular and neuromuscular development.

• The most effective training programs were long-term (Aagaard & Andersen, 2010). Small benefits were seen in as little as 4 to 8weeks, however programs lasting 12 or more weeks presented the best results.

The research also points out that strength training has one of the lowest rates of injury (adolescent and adult populations) when compared to other sports (Hamill, 1994). This is due to its predicable and repeatable nature of the movements.

Regardless of your age or athletic background, consult your physician first for any recommendations they might have on endurance and strength training. Las Vegas has some wonderful gyms. Find out if they have endurance training groups or professional trainers in this area. Some of the local fitness stores such as REI have community boards. Check these out for local groups involved in endurance training.

A positive mental attitude even at the worst of moments changes your brain and body chemistry for the better and improves performance.