Tuesday, July 31, 2018

Preclude Emotional Displays

  • At law firms, rainmakers accused of harassment can switch jobs with ease. [WSJ-sub. req'd]
  • Are law firm panels really the wave of the future? [Law.com]
  • Expiring drugs means time is of the essence in the State's efforts to execute Scott Dozier. [TNI]
  • What it takes to be a trial lawyer if you're not a man. [The Atlantic]

Monday, July 30, 2018

The Kitchen, The Bedroom, And The Courtoom

  • The Nevada Supreme Court said the Nevada Commission on Judicial Discipline can go forward with a hearing about Washoe County Family Court Judge Charles Weller over his comment that a woman's place was the kitchen and bedroom. [Nevada Appeal]
  • UNLV immigration lawyer Laura Barrera shows its not easy trying to reunite parent with child in the ICE maze. [RJ; TNI]
  • Here are opposing opinion pieces from Elizabeth Thompson and John L. Smith regarding MGM's legal strategy of suing the victims of the October 1 shooting. [TNI]
  • For those of you catching up, here is Aaron Ford talking about his college arrests. [LasVegasNow]

Friday, July 27, 2018


  • Nevada AG and gubernatorial candidate Adam Laxalt responds to Laura FitzSimmons with a 9-page letter from an out of state law firm called Holtzman Vogel Josefiak Torchinsky. [TNI]
  • Embattled administrator is suing the CCSD. [RJ]
  • Is there a wage theft epidemic in construction? [Nevada Current]
  • Speaking of recording clients--dash cams anyone? [LasVegasNow]

Thursday, July 26, 2018


  • According to a press release, US Magistrate Judge Peggy A. Leen will be retiring on April 30, 2019, after 18 years of service to the Court.  Information about applying for her job can be found here.
  • MGM's suit against the October 1 shooting victims hits them at their most vulnerable. [Time]
  • The AG's office filed an appeal on the TRO that halted the execution of Scott Dozier. [LasVegasNow]
  • A panel of the 9th Circuit ruled that the Second Amendment protects the right to openly carry a gun in public for self defense. [LasVegasNow]
  • The latest on the Ocean Fleming/dirty cops case. [Nevada Current]
  • Metro paid $500,000 to settle a lawsuit involving two officers who tased a man until he died. [Fox5Vegas]
  • Here's a look at the legal opinions or political commentary of a Trump appointed Judge James Ho.[KNPR]

Wednesday, July 25, 2018

To Tape A Client

As you may have heard, President Trump's former attorney Michael Cohen kept audio recordings of his conversations with his client. Some of those recordings were seized from Cohen as part of a criminal probe into his business practices. Now, CNN has released one of those recordings and President Trump is tweeting about it.

Have you ever or would you ever record a client?

Tuesday, July 24, 2018

Heat Rises

  • Victims of the October 1 shooting spoke out yesterday about MGM's lawsuit. [Fox5Vegas; RJ]
  • Judge Doug Smith denied a request to resentence a man convicted of killing a 7-year old girl. [RJ]
  • The AG race is heating up as the Crisis Pregnancy Center in Reno, represented by Hutchison & Steffen (the firm that hired Wes Duncan last year), sent a cease and desist letter to Aaron Ford for calling the center a "fake women's health center." [TNI]

Monday, July 23, 2018

Is It News?

  • In the "Is it news?" category, AG candidate Aaron Ford had tax liens. [RJ]
  • Will MGM's bold strategy of suing victims to seek declaratory relief payoff? (features a fantastic photo of Bob Eglet) [TNI]
  • Sex sells. Who's minding the store? [Nevada Current]

Friday, July 20, 2018

Corpus Delicti

  • In a week where MGM was dominating the press with bad headlines, the RJ and AP are trying to get in on the action by pursuing attorney fees under the Anti-SLAPP statute from the widow of the Metro officer who was killed on October 1. [LasVegasNow]
  • The Vegas Golden Knights and the US Army entered into a trademark coexistence agreement. [RJ]
  • Stephen Stubbs is making headlines again by identifying an admitted child molester on Facebook and YouTube because DA Steve Wolfson has, so far, declined to press charges. [Nevada Current]

Thursday, July 19, 2018

A Few Opportunities

  • Do you want to volunteer to help foster children. [Fox5Vegas]
  • Would you like to be a Las Vegas Justice Court Pro Tem Judge or Referee? [CCBA]
  • How about a career as assistant bar counsel? [nvbar]

Wednesday, July 18, 2018

ADKT 0534 Hearing

  • Steve Sisolak's lawyer, Laura Fitzsimmons, is threatening to sue Adam Laxalt over "defamatory statements" on his website. [TNI]
  • LACSN is celebrating 60 years. [Nevada Current]
  • The prices of Raiders Stadium reserved seating PSLs were published yesterday. [RJ]
  • Thomas Fougere won the special election Republican primary for Clark County Public Administrator. [RJ]
  • The Supreme Court hearing on ADKT 0534 proposing mandatory professional liability insurance is set for today at 3:00 p.m. If you want to review any of the comments submitted, you can do that here and, typically, you can view the live stream of arguments on this page

Tuesday, July 17, 2018

MGM v. The October 1 Victims

Last Friday, a group of MGM entities including MGM Resorts International, Mandalay Resort Group, filed a complaint in federal court seeking declaratory relief against victims of the October 1 shooting who filed (or have threatened to file) suit against the various MGM entities.  Three different firms, with James Pisanelli serving as lead attorney, are on the Complaint that alleges that CSC--the security company used by the MGM entities for the Route 91 festival--was certified by the Department of Homeland Security. The Complaint further alleges that the shooting was An Act of Terrorism under the SAFETY Act. If the allegations are true, then the federal courts (not state court) have jurisdiction and the claims against the MGM entities must be dismissed.

Now, it's time for a little armchair lawyering and an opportunity for you to weigh in on this unique situation. MGM is a publicly traded company and is Nevada's largest employer.  It relies on tourism, but finds itself in a position where it has to fight against the interests of its customers to protect its own bottom line. Is this a good strategy? Who is ultimately making the decisions for MGM? Given the facts and firms involved, it is likely that an insurance company is behind at least some of this decision, but is getting out in front of this the best move? Does it look to much like forum shopping? Will a court find it was Act of Terrorism? Is the bad publicity MGM going to get from this going to be worth the result? Any predictions on where this goes or how it ends?

Here are a couple of news links about the story:

Monday, July 16, 2018

End Of An Era

  • Nicholas Trutanich--Adam Laxalt's chief of staff--was nominated to serve as the United States attorney for Nevada. [Las Vegas Sun; News3LV
  • Michelle Fiore thinks the City Council should work together on the Badlands issue and the eight lawsuits related to it. [RJ]
  • The fight over water at Coyote Springs. [TNI]
  • Taxicab Authority whistleblower not guilty of illegal wiretapping. [LasVegasNow]
  • To the chagrin of some and to the overwhelming joy of others, Jane Ann Morrison is out at the RJ. [RJ]
  • The Annual Meeting is over and the Pocker era has begun at the State Bar of Nevada

Friday, July 13, 2018

The Last Blockbuster

  • Could Mark Amodei be nominated for a federal judgeship? [TNI]
  • Steve Sisolak's ex-girlfriend asks Adam Laxalt to not use allegations about Sisolak's impropriety with her daughter in campaign ads. [Nevada Current; TNI]
  • With the closure of two Blockbuster video stores in Alaska, we're down to one remaining Blockbuster in Bend, Oregon. Is this in any way analogous to the practice of law? [Las Vegas Sun]
  • Anything else going on out there? Any updates from the Drake?

Thursday, July 12, 2018

Real People

  • Here's a version of the story of what went down with Kym Cushing and Wilson Elser. [Law.com/NewYorkLawJournal]
  • Judge Elizabeth Gonzalez's ruling yesterday indefinitely postponed the execution of Scott Dozier. [TNI]
  • The Annual Meeting of the State Bar is underway with last night's packed opening night reception and ice-cube icebreakers. Anyone have any more details? [@nevadabar and #ruleoflawsbn]
  • Just a reminder that the people mentioned in these links and articles and in the comments are real people with feelings, families, and reputations. Feel free to speak your mind, but please keep it work-appropriate, slander and bully-free. Thanks.

Wednesday, July 11, 2018

Welcome To The Drake

  • The State Bar of Nevada's Annual Meeting kicks off tonight at the Drake in Chicago. Are you there? We'd love to hear your observations. For those of you who can't make it, you can follow @nevadabar and #ruleoflawsbn.
  • There is a new Facebook group called Nevada State Bar to Require Liability Insurance. This group seeks comments and opinions regarding the proposed Bar petition. Attorney Lynn Conant is drafting a statement to the Supreme Court and will accept your comments/opinions via email at skinering[@]yahoo.com (remove the brackets) or at the Facebook page.
  • Alvogen, Inc., represented in part by Pisanelli Bice, is suing to stop the State of Nevada from using its drug in the execution of Scott Dozier scheduled for tonight. A hearing for a TRO and preliminary injunction in case A777312 is set before Judge Elizabeth Gonzalez this morning at 9 a.m. [RJ; Fox5Vegas]
  • Here's a look at the evolution of the death penalty in Nevada. [TNI]
  • A reader tells us that Justice Court Department 1 candidate James Dean Leavitt has a Facebook ad attacking his opponent Elana Graham that suggests she is taking contributions from defense attorneys and then giving their clients favorable deals. Anyone seen this or have more details?

Tuesday, July 10, 2018

State-Sponsored Executions

  • President Trump's nominee to replace Justice Kennedy is former Kennedy clerk Brett Kavanaugh. [SCOTUSblog]
  • Senator Heller will support the nomination while Senator Cortez-Masto is undecided. [TNI]
  • Here's more on the Gamages and their link to the death of a police informant. [RJ]
  • AG Adam Laxalt will not file charges against an embattled rural county sheriff, but he also won't campaign with him. [TNI]
  • Justice of the Peace Sam Bateman orders trial for two accused in murder of local teen. [RJ]
  • Kim Sinatra is out as general counsel at Wynn and now the question is whether she should receive severance pay. [RJ]
  • The maker of one of the drugs planned for Scott Dozier's execution doesn't want it used in state-sponsored executions. [TNI]
  • Do survivors get any closure from an execution? [Nevada Current]

Monday, July 9, 2018

Monsoon Season

  • Attorneys William Gamage and Amy Gamage face charges as an accessory to murder. [RJ]
  • Stephen Paddock's homes will be sold. [RJ]
  • A 1-year-old goes to court. [Las Vegas Sun]
  • President Trump is expected to announce his nominee for the Supreme Court today. [SCOTUSblog]
  • If you haven't checked out the comments from Friday's post, be sure to get caught up on some of the discussion regarding mandatory professional liability insurance. A proposed Joint Opposition against the Board of Governors' petition to impose mandatory malpractice insurance is being circulated ahead of the the Court's July 11, 2018, 5 p.m. deadline. Anyone interested in joining those opposed to the rule petition should email mo[@]lawmrh.com (remove the brackets from the address) ASAP for particulars and to add your name to the opposition.

Friday, July 6, 2018

Mandatory Professional Liability Insurance

  • As you saw in the email from the State Bar yesterday, ADKT 0534 proposing amendments to SCR 79 requiring mandatory professional liability insurance is going before the Supreme Court. You can view the petition here (which includes hundreds of your survey responses about the idea). Per an Order, a hearing will be held Wednesday, July 18, 2018, at 3:00 p.m. in the Supreme Court Courtroom in Carson City and videoconferenced to Nevada Supreme Court in Las Vegas. Comments may be submitted electronically or in hard-copy format due to Clerk by 5 p.m. on July 11, 2018. Persons interested in participating must notify the Clerk no later than July 11, 2018. Here is your chance to make your voice heard again. 
  • Todd Bice got a $3.5 million win for his artist client whose Las Vegas Statue of Liberty was used on a USPS stamp without permission. [CNN]
  • Naqvi Injury Law pledges multi-year support of Cure 4 the Kids Foundation. [Nevada Business]
  • A chaotic scramble to reunite migrant families by deadline. [Las Vegas Sun]

Thursday, July 5, 2018

Constabulary Crisis

  • Another constable investigated for misconduct--this time in Mesquite. [RJ]
  • Marc Randazza and Jay Wolman are defending Alex Jones in a Sandy Hook case. [NY Times]
  • The I-team has a look at the cage where a child was allegedly held. [LasVegasNow]
  • The State finally released its controversial plans for executing Scott Dozier next week. [RJ; LA Times]

Tuesday, July 3, 2018

Terrible Tuesday

  • Is Metro considering issuing an arrest warrant for Tupac's murder? [News3LV]
  • Richard Wright and Monti Levy got a jury to acquit their client of murder charges. [RJ]
  • One of the local morning news guys says today is known as "Terrible Tuesday" because of all the travel today. May your travels be smooth.  Have a great Fourth and please don't drink and drive.

Monday, July 2, 2018


  • Second Judicial District Judge Jerome Polaha ordered the Washoe County School District to turn over documents related to bullying sought by the RGJ. [RGJ]
  • Judge Michael Villani vacated the death sentence for a 71-year old Vietnam Vet. [KTNV]
  • A California attorney for the husband of an October 1 victim says her client's wife might be alive, but for the (in)action of Metro. [Baltimore Post Examiner]
  • 40 under 40 alumni: Paola Armeni Androvandi. [Vegas Inc.]
  • Some cautionary tales about drinking while practicing law include one from Vegas. [Law.com]