Wednesday, July 6, 2016

The Commerce Tax Is Coming


  • Welcome back! We hope you all had an enjoyable long weekend. And for those of you who were in Hawaii last week for the Annual Meeting--where are the details? Any juicy gossip? Any important lessons learned from hanging out with the Board of Governors and judges?
  • In turns out that weeks before a woman and her children were murdered, her request for a temporary restraining order was denied. This is the second incident like this in recent months--is there a problem? Is there a solution? [RJ]
  • Is less than 40 days until the first Nevada commerce tax return must be filed. Is your entity ready? Are your clients ready? For those of you not up to date on the topic, here's an article from William McKean at Fennemore Craig on the topic. [Nevada Business]

28 comments:

  1. If some nutjob is deranged enough in the first place to whack his wife, his three kids and himself, what chance is there that a TRO is going to prevent such a tragedy?

    Sounds like there was enough on this guy before this happened that he should have been locked up. One would think that somehow the wife and kids could have been protected. Perhaps not all the blame is on the family court (although neither Potter nor Mastin is among the best and the brightest). Perhaps regular law enforcement and the criminal justice system also failed this family.

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  2. Agree with 8:17. A Restraining Order does not stop a bullet. Without seeing the application, I cannot comment on the application for protection. But, the judicial officer likely went on the facts and the way it was put on paper as to her need for protection and at least at the time, properly denied the application. Whack jobs generally don't care about the law and it sounds like this guy was made up to destroy a family. Law enforcement probably failed this family.

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    1. Interesting incites into what's becoming an increasingly popular question. What to do about restraining orders and who is at fault when something like this happens.

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  3. I wonder if we should be looking at how we as attorneys can do something concrete for families in crisis. Doing pro bono work for domestic violence victims never feels like it makes a real impact, orders are going to be ignored by abusers anyway and there won't be an actual consequence. Then we have the new opinion about contempt that makes it even harder to throw someone in jail on the civil side. With my DV clients I find that what they fear is providing for their families without the income or support from the abuser. Then there's a need for therapy for children and partners in these situations. I have a resource list I give out to people trying to get out but then folks report back as to all the "no" answers they receive.

    Even though I acknowledge the uselessness of orders. . .Maybe there needs to be a permanent rotation of ask a lawyer helpers at the TPO office give people resources and help them complete forms? I'm hearing of a lot of denials lately.

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    1. Until we start making TPOs out of Kevlar, nothing will stop this situation from occurring.

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  4. I tried to post a comment with an update during the bar convention, but couldn't get it to post on my phone. Not sure if it was due to using the bar's wifi or something with this site. Anyway, there were lots of judges there. 5 of the 7 supreme court justices and 2 of the 3 court of appeals. When the supreme court justices did their panel, I think it was Cherry said he wanted to dispel any rumors that Nancy was retiring because she was pregnant. I overheard one of the judges telling someone that the state administrative office of courts provided a limited number of $2000 stipends to judges who were interested in attending (enough to get you there, but not to cover the whole trip). Of interest to this blog, I do believe I saw Eric Johnson in a conversation with Steven Stubbs--which was confirmed when the latter asked a question to one of the presenters about body cameras and police. Also saw Annete Levy but didn't get a chance to ask where her office is located. For all you haters of annual meeting, yeah, it sucks to spend vacation days with judges and lawyers, but you gotta knock out 13.5 credits of CLE at some point in the year and it might as well be on the beach in Hawaii.

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  5. Yeah, since people are going to break laws anyways, the right thing to do is just throw up your hands and say the criminals will always win, let's not do anything.

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  6. Bar Convention: Great CLE on the neuropsychology of bias. Exercises demonstrated how the brain makes assumptions. Judges at my table visibly uncomfortable.

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  7. This society's predisposition with money as being life itself and the need to be constantly distracted with emotional chaos, materialism, addiction,violence, and apathy are the reasons why these tragedies exist and will continue to occur.
    The judicial system is made up by a cesspool of people who capitalize off of the less fortunate and believe themselves to be way more important than their jobs dictate that they are. The judicial system exists to tax accused offenders and to tax society in the name of a justice that does not exist. Let's stop all the bullshit theories about how we as attorneys who feed off of the system everyday
    have the collective ability or courage to really make a difference when all we do mindless bicker and argue . Waiting for all the replies to the contrary...

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    1. No one should ever suffer emotional or physical abuse. But for many emotionally and/or physically abused spouses/partners, the trouble was quite foreseeable. For a significant number of those who end up as victims of abuse, there were opportunities early on to get away from the abuser. Abuse behavior is frequently overlooked and tolerated early on because the eventual victim wants something from the abuser (usually but not always financial support) more than the victim wants to get away from the abuse. In such cases, the eventual victim is perhaps intentionally blind to the likelihood that the abuse will continue and intensify.

      And before anyone gets upset, this is not after-the-fact victim-blaming.

      TPOs are after-the-fact band-aids. What might really make a difference is education and resources to recognize and stop abuse behavior in its early stages.

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  8. On a side note, let's talk about the peasant unfair labor practices protesters who have set up their half block banner, chairs and sun umbrellas out on the sidewalk outside the palace gate stairs to the "Castle Eglet" on 7th street!
    I'm sure Queen Tracy is not pleased that some 1st Amenders are out front and center of her architectural masterpiece greeting the subjects prior to their entrance to the castle.
    How exactly is the firm Maier,Gutierrez & Ayon involved? How long will her majesty Eglet tolerate this before booting MG&A and voiding their office lease?

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    1. Hilarious. I had the same thoughts when I last walked by the palace and saw the protesters. Surprised that some political pull hasn't been used to remove them.



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    2. Those labor protesters are the ultimate in windmill tilting. If they showed up in front of my office, I wouldn't give two shits about it.

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    3. At some point "her highness" will definitely become worn of their presence outside her castle and have them removed or at least moved to the other end of the castle with a district court order of some sort so that the stairs and entry way to the castle are free of visual obstruction.

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    4. I work at CPK with a perfect view across the Las Vegas Academy for the Performing Arts and it's definitely obvious to me that "something" is going on over at the Eglet Advocacy Center stairway with the protesters. I've seen several Metro vehicles and foot patrol officers stop & pass by the sidewalk protesters frequently over the last two days when we never see foot patrols east of LV Blvd. Security at the Eglet Advocacy Center now visible at door entry instead of inside hallway behind glass window. Two office associates who walked past protesters yesterday reported seeing a member of E&P office staff berating a protester for using the parking spaces on 7th Street.

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    5. Labor protesters are usually paid protesters. Paid to hold signs. The actual laborers usually don't protest.

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    6. There is not another female attorney in Nevada who looks as hot for her age as Tracy looks for hers. Not one. There are hotter female attorneys in Nevada, but they are all younger than Tracy. Sure, Tracy has had a few . . . ahem . . . procedures. But I say bravo to the surgeons. She looks great. That takes work.

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    7. You are out of your gourd. I hope your seeing eye dog licks TE's plastic face when you see her.

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    8. Tracy is hot, especially for her age.

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  9. Are they protesting the alleged insensitive firing of the single mother legal assistant two days before Christmas who was warming up her Marie Calender's frozen lunch entree in the employee break room at Eglet & Prince?

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    1. I thought that the legal assistant was allegedly fired for improperly pairing her Marie Calender's frozen lunch entree with one of those many many nice bottles of wine strewn through out Tracy's office!

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    2. http://www.reviewjournal.com/opinion/columns-blogs/jane-ann-morrison/pro-plaintiff-judge-picked-apart-high-court

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    3. Eglet & Prince doesn't need "pro-plaintiff judges"! They are the best at voir dire and vilifying the defendant which = $$$$$$$$++++++++!
      Dennis Prince is in trial this week ...watch for another multi-million dollar jury verdict form posted on E&P facebook ! Or...a sudden voluntary dismissal with prejudice!

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  10. I pair Moscato with Chicken Pot Pies ...those damn law school loans!

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    1. @ 4:13! You're my kinda lawyer! Not Boyd'13! Any advice for a proper wine pairing for the $1 value menu?

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    2. 4:13 here! There is only one proper wine pairing for the $1 value menu!
      BOONE'S STRAWBERRY HILL! ...no ice!

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    3. I want to hang out with you folks.

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