Hamilton At The Smith Center: How To Get Your Tickets

Link: http://www.vegaslegalmagazine.com/hamilton-at-the-smith-center-how-to-get-your-tickets/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

I’m getting calls every day with this question. I am also hearing reports that the entire run of “Hamilton” in Las Vegas is completely sold out. THIS IS NOT TRUE.

The producers of “Hamilton” want to make sure that real people get access to tickets at face value, therefore they are holding the on-sale date a little later than usual. That’s right, other than season-ticket holders who already have their subscription seats for the week of May 29, no single tickets have been sold for “Hamilton” at The Smith Center. We are anticipating a late-April date for these tickets to go on sale. Please keep an eye open for this date and check our website, http://www.TheSmithCenter.com, for updates.

Why are the show producers waiting to sell single tickets? They believe this will help to cut down on tickets sold via the secondary market, therefore making more tickets available directly to Las Vegas locals who want to see the show. “Hamilton” has already played an important role in helping Congress understand the importance of outlawing ticket sellers’ use of BOTS (computers that buy up all the good seats for the sole purpose of reselling them at a much higher price). That’s because the show producers have seen their seats filled with people who “know a guy” who can get them tickets. Some audience members even like to flaunt the fact that they paid more than $3,000 per seat on the secondary market.

It’s important to point out that none of the money made from secondary sales goes to the show, the producers who risked their dollars to fund the production, the actors, the theater, or anyone else associated with the show. Nor does the state benefit, because ticket brokers are not charging sales tax on their inflated tickets. The “Hamilton” producers want their tickets going to people who really want to see the show and who plan to use the tickets for their own friends and family.

So be careful. While the internet has significantly expanded consumer access to live events, it has also created new opportunities for fraud and deceptive practices. There are unscrupulous ticket sellers who set up websites meant to intentionally confuse the consumer. You may click on a link that looks like the official site for The Smith Center (or the T-Mobile Arena, MGM Grand Garden Arena, etc.) that are actually resellers impersonating the official venue websites. Just because it says “smithcenter” in the URL, doesn’t mean it is the official site. You might be buying tickets that are fraudulent (or non-existent). Do yourself a favor and be sure.

And if you currently see tickets advertised for “Hamilton” shows between June 5 to 24, please know these are speculative offers from people who do not actually have tickets to sell, so you may not receive any tickets from them. Got it? No tickets have been sold for “Hamilton” performances during this period at The Smith Center. Shouldn’t someone need to own something before they can resell it?

The Smith Center is also taking steps to prevent unethical ticket brokering. Because certain sellers have been known to purchase tickets once and resell them multiple times by reprinting a print-at-home ticket in the PDF format, we will not be offering print-at-home tickets for “Hamilton.” This means that you will need to pick up tickets at will call, or have them mailed to you just prior to the performance. Please know this step is necessary in order to curtail fraudulent ticketing activity.

The only way to ensure your tickets are genuine and guaranteed is to buy them directly from The Smith Center — the official ticket seller for “Hamilton” — at http://www.thesmithcenter.com.

Plenty of tickets will be available on the first day of sale for performances from June 5 to 24. Don’t miss your chance to be “in the room where it happens!”

In the meantime, check out the Grammy Award-winning “Hamilton” soundtrack and get ready to be among the first to see this groundbreaking, amazing and extraordinary show!

As president and CEO of The Smith Center for the Performing Arts, Myron Martin brings the world’s most revered and celebrated entertainers to Las Vegas. Martin has a rich history in the performing arts business. A proud Las Vegas resident, Martin has received many accolades, including being named among the Vegas Dozen, Las Vegas’ Man of the Year by Vegas Seven, and receiving the key to the city from Las Vegas Mayor Carolyn Goodman. The Nevada Broadcasting Association presented him the Community Achievement Award and The Public Education Foundation called him their Champion for Children. He is an Emmy Award nominee for producing the Vegas PBS special “Frank Wildhorn & Friends” and is a voter for the Tony Awards.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

 

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Laser Spine Surgery Pro’s & Con’s

Link: http://www.vegaslegalmagazine.com/laser-spine-surgery-pros-cons/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

Your back hurts! And you’re looking for a treatment that will make the pain stop.
You’ve read about laser spine surgery, and you’re interested in how it may help relieve your back pain.

There’s been lots of press about laser spine surgery, and while it can help some back conditions and it does benefit some people, it seems to benefit those with only minor spine problems.

What IS Laser Spine Surgery?

Laser spine surgery uses a laser to remove tissue with heat rather that with traditional instruments. While it may be seen as “modern” or a “magic bullet,” in truth, the use of lasers has been around for a long time. Lasers use a focused beam of light to cut soft tissue.

The PRO’S:
1. It’s minimally invasive;
2. Fast recovery time; and
3. For minor conditions, laser spine surgery can be effective.

The CON’S:
1. For most painful back conditions, laser spine surgery is not effective;
2. Laser spine surgery can truly only be used for a very small number of minor spine conditions;
3. Laser surgery can result in a procedure which does not completely address or alleviate the problem (inadequate operation), which sometimes means you’ll need additional surgery;
4. Pain may actually be caused by back instability and laser surgery does not address or alleviate this condition;
5. Using a laser during surgery can sometimes limit nerve damage, but in the hands of an inexperienced surgeon, a laser can actually increase the chances of tissue or nerve damage;
6. Using a laser scalpel can be less effective and pose more risk than other minimally invasive procedures;
7. The heat from the laser can damage adjacent nerves and lead to increased pain;
8. Laser spine surgery is not taught in medical schools and is not considered a viable approach to spine surgery by medical advisory boards;
9. Laser spine surgery is generally not covered by health insurance; and
10. You don’t have to be a surgeon to perform laser spine surgery.

A Very Important Consideration

Laser spine surgery does not have to be performed by a spine surgeon.
Therefore, practitioners who do not have the education, experience or understanding of the anatomy and function of the spine can legally perform laser spine surgery.

A wise plan of action is to have an exam and consultation with a spine surgeon who is both Board-Certified and Fellowship Trained. At that exam, your spine surgeon can explain all options available for treatment of your particular (and unique) condition. Before committing to any spinal procedure, it’s wise to consider non-surgical options such as physical therapy, medication, and supervised exercise.

If surgery is indicated, explore all options available, including minimally invasive procedures that offer the benefits of less post-procedure pain and shorter recovery time. Statistics prove, more complicated back problems often require traditional surgery for the best outcome.

Andrew M. Cash, M.D., is a board certified orthopedic spine surgeon specializing in neck and back care with a focus on minimally invasive operative treatments. His practice—Desert Institute of Spine Care—is located at 9339 West Sunset Rd., Suite #100, Las Vegas, NV 89148. For more information, visit http://www.disclv.com or call 702.630.3472.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

 

Las Vegas Icons: Al Marquis

Link: http://www.vegaslegalmagazine.com/al-marquis/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

Sometimes the worst thing is the best thing ever. “Exhibit A” might be Al Marquis, the founding partner of Marquis Aurbach Coffing, known as MAC Law, one of the largest local law firms in the state of Nevada. Upon graduating from high school, he had a bold life plan. He was accepted to the U.S. Air Force Academy, and he was going to be an astronaut. Didn’t happen. Al had to drop out of the Academy because he and his wife got into having a family way earlier than expected. (He also admits that his experience at the Academy convinced him that he was “the wrong stuff” to be an astronaut—he could not fit into the military mold.) His big plan was over, and his parents were mortified – convinced that he would never get a college education. However, that was the beginning of a series of events that led Al to where he is today, a fortunate path that Al contends is mostly attributable to “dumb ass luck.”

Surprisingly, Al’s personality does not really fit either an astronaut or a founding partner of a large, well-respected law firm. While he can still litigate with the best attorneys and pilots a plane occasionally; he is enjoying partial retirement and his other occupations as an author, cowboy poet, and real cowboy raising horses on his own ranch that is complete with a runway, pond and Tarzan swing (www.Kingstonranch.com). He is also a philanthropist who has donated the use of his ranch to hold camps for disadvantaged children such as those assisted by the Nevada Childhood Cancer Foundation, where Al serves on the board and his dog Charlie serves as the official mascot. The NCCF children call him “Uncle Al.” He also has two successful sons (one of whom is a shareholder at MAC Law), who love him dearly and are quite surprised at their old man’s youthful nature as he quickly approaches his 70th birthday (which will have passed by the time you read this). Sometimes the worst thing is the best thing ever, as Al revealed in a recent interview:

Vegas Legal Magazine: You did not come to the law in a straight line…

Al Marquis: It was quite the zigzag, that’s for sure.

I went to the Air Force Academy for two years. When I quit there, they made me serve as an enlisted man in the Air Force for two years in Wichita Falls, Texas.

I moved back to Seattle with a wife and two kids, and we lived in low-income housing while I pursued my major in physics. By the time I got to my senior year, I realized a physics degree would not provide me with a means to earn a good income. I had to get myself out of debt, pay back student loans, and raise a family, so a good income was necessary.

I looked around campus for different possibilities. I looked into nuclear physics, but the only jobs were in nuclear power plants, teaching in universities or working on atomic bombs, none of which paid well or sounded very appealing.

The University of Washington offered graduate school in something called biophysics. I had an appointment to discuss the possibility of attending, and I was walking down this long hallway when I saw this open door to a surgery room. On this table was a dead dog with his front paws up in the air. I looked at that gruesome sight for a minute, turned around and left the building. That was the end of my biophysics career.

Then one day I was walking by this old Gothic-style building on campus that had a brass plate on the front that said “Law School.” So I walked in, looked for the administration office, and asked, “How long does it take to get through law school?” They said three years, and that is how I became a lawyer.

VLM: What advice would you give to a young attorney who has doubts?

AM: Well, I remember being in the first year of law school, and it is so competitive. Everybody was so tense, and it seemed I was such a long way off from making any money.

I remember sitting at the school cafeteria and two guys across from me were third-year law students. I couldn’t even imagine myself in my third year of law school. It seemed like such an eternity that I thought I’d get hit by a bus or something before graduating and all of my hard work would be for nothing. But lo and behold, I graduated, got a job, and ended up in Las Vegas for the next 43 years.

I feel so fortunate to have made the decision to become a lawyer. While the job has been challenging, I’ve never been bored. Most importantly, I’ve been able to help clients and make a big difference in their businesses and their lives. In that regard, the practice of law has been a fulfilling career.

VLM: So it worked out OK?

AM: Las Vegas was a really good choice. This is a thriving business community, which naturally leads to legal disputes. I’ve been fortunate to have been involved in some high-profile cases, such as the representation of Martin Sheen and Carl Sagan and a lawsuit against entertainer Redd Foxx. This led to some big money cases such as a $1.2 million jury verdict against Aetna Insurance Company in the 1980’s and a $35 million condemnation case in the 1990’s. I’ve never regretted becoming a lawyer or choosing Las Vegas as my home.

VLM: Over the span of your career who stood out in your mind as a really exceptional attorney?

AM: Dennis Kennedy and I were in school together and we were kind of the derelicts of the Law Review. All the serious students thought we would never get a job.

But we both got jobs early, both at Lionel, Sawyer & Collins. It was the largest firm in the state in 1975, with 18 lawyers. I was there for 2 1/2 years and worked for some outstanding attorneys. I worked with Sam Lionel, who is amazingly still practicing law at the age of 98; Grant Sawyer, who was a tremendous person, and served as Nevada’s governor from 1959 to 1967; and Steve Morris, a great litigation attorney. I watched all of them and tried to take the best attributes that I could from each of them. Watching all these great lawyers gave me a far greater education than law school.

VLM: During the last 10-15 years, many firms decided to sell out to large national firms, causing many of them to fragment or take on a new identity, yet your firm managed to stay together. How did your firm hold together when nationals came calling?

AM: That’s a really good question, because the only thing holding a law firm together is the mutual perception that we’re all better together than apart. We’ve worked hard to achieve and maintain that status.

In most firms, the senior partners keep the money for themselves and let a little trickle down to the younger partners and associates. They may also sell the firm to a national firm, taking additional profits that the younger partners will never see. Younger partners tend to resent being excluded from these profits and having little or no say in the direction of their firm, so they eventually quit and go out on their own.

Partners in our firm, however, are in a unique position. When they become partner, they become part of a compensation plan in which we are all on the same footing. A new partner in the firm is paid in accordance with the same formula as a senior or even a founding partner. There are few, if any, other law firms where new partners can make that kind of money. We want to keep the best attorneys and we are not greedy so we share the profits based upon the individual’s performance.

We also share the decision-making. Once an attorney becomes a director at MAC, they are entrusted with all of the information needed to manage the firm, and they participate in the management because we each have an equal vote on firm decisions.

This has allowed us to retain some of the very best lawyers, and it is why most of our partners have stayed with us for so long, allowing us to avoid the major splits that often happen with other firms. The young lawyers know that we have a special firm, and that the grass is not greener on the other side of the fence. Our staff stays with us for the same reason. Our office manager has been with us for 33 years, and my secretary has worked for me for 32 years. We are able to retain the very best professionals because they know this is a really good place to work.

VLM: What are you doing now?

AM: I’ve joked for years that I’ve been working on making myself dispensable. Around 2000, Terry Coffing became president of the firm basically taking over my job. In 2010, we changed the name to Marquis Aurbach Coffing. Now everybody refers to us as MAC Law, even the Nevada Supreme Court.

These days I refer to myself as semi-retired. I’m in the office a couple days each week, oversee work on my cases and still keep my hand in the game. I have more time to ride my horses, play pickle ball, scuba dive and travel. In September, my girlfriend and I took our dogs to Europe for a three-week vacation and I just returned from the big island of Hawaii. I have to say that I am enjoying this chapter of my life.

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., and author of several books including “Road Rage: The Senseless Murder of Tammy Meyers.” He has made numerous appearances on national TV news programs.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

 

Diets & Picking The Right One

Link: http://www.vegaslegalmagazine.com/diets-picking-the-right-one/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

At any given time, a new diet plan is on the rise, but with so many new trends it is becoming harder to determine which plan is right for you. Strictly following one diet plan can not only be very problematic, but also difficult to maintain. Here is a quick insight on several popular diets.

Paleo Diet

The Paleo diet can be described as primal eating and focuses primarily on food from the paleolithic time such as meat, fish, vegetables, fruit, seeds and nuts. Excluded are processed foods, grains, legumes, dairy and refined sugar. The paleo diet suggests that legumes and grains contain anti-nutrients and pro-inflammatory properties but fails to consider the fact that cooking eliminates the anti-nutrient affects and whole grains do have health benefits. The paleo diet certainly has its appeal of being a lean and clean diet, but in the long run, it can be extremely restrictive and hard to maintain.

Gluten Free Diet

A gluten free diet excludes the protein gluten which is present in grains such as wheat, barley, rye and oats. A gluten free diet is essential for managing symptoms in celiac disease- a disease associated with an inability to properly digest gluten. A gluten free diet is, however, popular due to the perception of improved health, increased energy and weight loss. However, removing gluten from the diet typically leads to a limited intake of fiber and vitamins from grains and may not be beneficial for everyone.

Vegetarian/Vegan Diet

Vegetarians and vegans exclude animal products from their diet. A vegan diet however is more limiting and excludes all form of animal derived products including dairy, eggs, honey and gelatin. Vegetarian and vegan diets contain high levels of healthy plant compounds and high amounts of fiber and minerals, as well as low amounts of saturated fats and cholesterol. On the other hand, both diets can lead to several nutrient deficiencies and result in low intakes of calcium, zinc, iron, vitamin D and B12 and as omega-3 fatty acids.

Low Fat Diet

A low-fat diet mainly restricts fat and cholesterol and is intended to reduced obesity and heart disease. It should be noted however; many low-fat alternative foods are often high in sugar and calories and provide minimal vitamins and minerals. Evidence shows that not all fats are equally harmful and that healthy fats found in fish, avocado, nuts and seeds, are essential for heart health and lead to feeling satisfied longer.

Juice Cleanse

On a straight juice cleanse, the daily dose of fruits and vegetables are being consumed and the nutrients are easily absorbed. The downside however is blood sugar fluctuations due to the high intake of natural sugars which won’t lead to any actual weight loss. In addition to that, there is a lack of fiber and protein and if stayed too long it can lead to nutrient deficiencies.

Howard Riell is a veteran journalist who over the past 39 years has written and edited for nearly 200 business and consumer publications, national trade associations, advertising/PR agencies, newspapers, research firms, newsletters, non‑profit groups, e‑zines, blogs, manufacturers and other clients across the country and abroad. He lives in Henderson.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

 

Public Speaking Do’s & Don’ts From Speakers In The Valley

 

Link: http://www.vegaslegalmagazine.com/public-speaking-dos-donts/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

“All great speakers,” Ralph Waldo Emerson once said, “were bad speakers at first.” But even attorneys who aren’t bad speakers can become, if not great, at least better. Here’s how.

Las Vegas criminal attorney Nick Wooldridge, founder of LV Criminal Defense, says there are no “tips” on public speaking that apply to all occasions. “We use the same rules of speech when we’re speaking in a courtroom, at an awards ceremony, talking to our best friend, or out on a date.” In fact, the occasion, or venue, “determines which of the public speaking rules we pull out. The dilemma with most people when it comes to speaking in public is the tendency to over-complicate.”

“The important do of public speaking is to stay on topic,” says Jason P. Stoffel of Roberts Stoffel Family Law Group, “so if the topic is about substance abuse, don’t throw in politics. If the topic is tort reform, don’t talk about how great you are as a speaker. An audience has come to see the speaker, so staying on topic is always best.” Stoffel also urges speakers to maintain eye contact as much as possible and look around the room. “Make everyone in the audience feel important, not just front and center attendees.”

An important don’t, Stoffel continues, is to not offend anyone. “If the speech is on the importance of life insurance or annuities, don’t insult the crowd and say they are idiots for not having a particular product or service. Also, don’t ramble on and waste time.”

Charlie Harary, a professional speaker and attorney, as well as Clinical Professor of Management and Entrepreneurship at the Syms School of Business at Yeshiva University and Senior Director of Capital Markets at RXR Realty, identifies six keys for speaking publicly:

  1. Prepare. “Make sure you are fully prepared before you get up there.”
  2. Relax. “Most of what your audience is looking for is an experience; a tense speaker ruins it for them. Regardless of what you are saying, if you are more relaxed it will be accepted better by your audience.”
  3. Be Personal. “It is so much better to tell a story from your life, even if it may not be as dramatic than something else you don’t personally connect to. People want to connect to you personally.”
  4. Eye contact. “If you have to read from a script, fine. But practice it enough times so you could make eye contact. No one wants to look at the top of someone’s head as they read though a speech.”
  5. Speak slowly. “Naturally, as the fear kicks in, people tend to speak quickly. Quick speeches are difficult to process. It’s better to slow down and give people a chance to understand than to whiz though it.”
  6. Smile. “Enjoy yourself. Even if you are nervous, smiling produces relaxation hormones. It also shows the audience that you’re having a good time which then puts them in a better mood.”

Jennifer Hadley Catero, a partner and Co-Chair of Financial Services Litigation and Commercial Litigation for Snell & Wilmer, LLP, advises those standing in front of a crowd to always “be thoroughly prepared, such that you are very comfortable with the subject matter. Familiarity with your subject matter will help you speak more extemporaneously, as opposed to delivering a memorized or overly-rehearsed speech or presentation.”

A speaker’s manner should be conversational, Catero adds, “so vary the inflection of your voice, smile, laugh where appropriate. Also, don’t put the entirety of your speech or presentation in your PowerPoint if you are using one. If the audience can read the entirety of your remarks on the screen they have no need to listen to what you are saying.”

Indeed, making the audience feel they absolutely need to hear what you say may just be the most important tip of all.

Howard Riell is a veteran journalist who over the past 39 years has written and edited for nearly 200 business and consumer publications, national trade associations, advertising/PR agencies, newspapers, research firms, newsletters, non‑profit groups, e‑zines, blogs, manufacturers and other clients across the country and abroad. He lives in Henderson.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

 

Reviewing Societal Mores In A Time Of High Sexual Impropriety

Link: http://www.vegaslegalmagazine.com/reviewing-societal-mores/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

Everyone agrees the societal mores regarding sexual impropriety have changed in the wake of the Harvey Weinstein and subsequent scandals, but no one seems quite sure how – or how to react to it. And as every attorney knows, uncertainty invites danger.

“The rules haven’t necessarily changed, but the stakes have been raised,” says Swen Prior, a partner in the Las Vegas office of Snell & Wilmer LLP. “That said, the #MeToo movement is a wakeup call to all employers, including ‘C suite’ executives, about the importance of following the rules and avoiding even the appearance of impropriety.”

Now more than ever, Prior continues, employers need to deal with harassment claims quickly and thoroughly “in a way that protects the victims and encourages timely and good faith reporting of misconduct. In the #MeToo era, less severe indiscretions are being lumped in with the vile and illegal. This amalgamation creates problems for employers and employees because the court of public opinion is quick to judge, and is decidedly not good at separating out the distinctions.”

Workplace sexual harassment rules and policies are far from new of course, “however, many harassers believed that they were above the rules and used multiple threats to hide their behavior, including threatening job security,” notes Christian J. Gabroy of Gabroy Law Offices in Henderson. “Employees should be aware that it is unlawful for an employer to retaliate against an employee for complaining about harassment internally, within the company, or externally with a state or federal agency.” Gabroy’s associate, Liza Aronson, believes that the rules will now be enforced, with workplace policies more likely to have a “zero tolerance,” and a more stringent reporting system within the business.

“In my business, I am ensuring that all employees are aware of their rights and protections under the law,” says Gabroy. “Too often, we see employees come to our office who have been taken advantage of and/or fear retribution, by their employers. I know the contours of the law, and my objective is to ensure that all employees in Nevada can maintain a safe and hostile free work environment.”

Gabroy recommends employers confirm that existing policies are current, written somewhere easily accessible to employees, and that a proper internal reporting structure is in place so they can act swiftly and appropriately when an issue does arise. “I also advise fair, prompt investigations with appropriate corrective measures.”

“The biggest things that I see changing in this new environment are, one, companies are less likely to brush off borderline incidents, and two, more women feel empowered to file complaints without fear of being retaliated against,” says Henderson-based attorney Avi Cutler, Practice Group Leader for Ballon, Stoll Bader & Nadler, PC.

What Cutler calls the “real question” is whether this will produce lasting change “or if it will slowly return to an era where a woman bringing a sexual harassment claim that doesn’t involve assault becomes a social pariah for standing up.”

While most employers have an anti-harassment policy in place, it should be reviewed and updated. Even if there are no major changes to the law since the policy’s last review, “other important societal changes — for instance, the prevalence of social media use and handling complaints about off-duty sexual conduct — may need to be addressed,” notes Ronald J. Stolkin, of counsel, Stolkin, Ballard Spahr LLP. “Make sure all employees have received the policy and acknowledged its receipt in writing.”

Among a host of other recommendations, Stolkin advises companies take a firm stand on retaliation. “Clearly and unequivocally set forth the company’s ‘zero-tolerance’ policy regarding retaliation and the severe consequences that will result to anyone who retaliates against an employee who has reported, opposed or participated in an investigation into harassment or discrimination.”

As for activities in colleges and universities, the Obama administration used Title IX to push colleges into aggressively going after students accused of sexual misconduct, notes Nick Wooldridge of LV Criminal Defense, including engaging in sexual activities that may have seemed consensual at the time, but which were later classified as rape because the girl involved was too drunk to consent. “There were concerns that the changes went too far and deprived the accused of due process, and the Trump administration is looking to change some of the policies put in place at the time.”

However, Wooldridge adds, because of Title IX changes, a cultural shift has begun to take place where there is a societal belief that victims should be believed rather than doubted. “This is a good thing, especially in light of the long history in this country of essentially putting accusers on trial in sex crimes cases. But it’s important to remember that those who are accused have rights, too.”

Howard Riell is a veteran journalist who over the past 39 years has written and edited for nearly 200 business and consumer publications, national trade associations, advertising/PR agencies, newspapers, research firms, newsletters, non‑profit groups, e‑zines, blogs, manufacturers and other clients across the country and abroad. He lives in Henderson.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

 

 

Meet The Incumbent: Judge Mark Bailus

 

Link: http://www.vegaslegalmagazine.com/meet-the-incumbent-judge-mark-bailus/

Article:

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

In 2017, Judge Mark Bailus was appointed by Governor Brian Sandoval to serve in Department 18 of the District Court. He is a graduate of Pepperdine University School of Law and was admitted to the Nevada Bar in 1980. Prior to becoming a judge, Mr. Bailus was a partner at the law firm Bailus Cook & Kelesis, with a focus on civil and criminal litigation and appeals.

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

Judge Bailus: I was an attorney for over 37 years and I am one of the relatively few sitting judges who has an extensive background in both civil and criminal law at the trial and appellate levels.

 

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

 

JB: My most memorable or significant case was not a trial but rather, a complex tort litigation which resulted in a multi-million-dollar settlement. I, along with my former partner Michael Cherry, were lead counsel for all of the personal injury plaintiffs (except for one) and all of the uninsured property damage plaintiffs in the mass tort litigation commonly known as the “PEPCON Explosion Litigation” resulting in a multi-million-dollar settlement for the plaintiffs. A courtroom battle involving dozens of insurance companies and over 50 law firms resulted in a $71 million 1992 settlement with contributions from multiple parties that were divided among insurance companies on subrogation claims as well as the victims and their families. This case was significant to me as, at the time, I was still a fairly young attorney and the defendants had retained many high-powered law firms to defend them. The defendants embarked on a strategy to attempt to overwhelm my clients by filing numerous dismissal and/or summary judgment motions against them to circumvent a trial. Unfortunately for the defendants, their strategy failed. I fought long and hard in defending against the onslaught of pretrial motions filed by the defendants and was successful in defeating the same. As a result, this case was settled with the plaintiffs being fairly compensated for their losses and/or injuries.

 

VLM: What made you decide to run for judge?

 

JB: I had been an attorney for over 37 years and it was a new challenge that I was uniquely qualified to undertake due to my many years of experience, knowledge and success as an attorney before the state and federal courts in Nevada in both civil and criminal law.

 

VLM: What does being a judge mean to you?

 

JB: Being a judge is an honor and privilege that I very much respect. It has allowed me to make a difference. As a judge, there is nothing that is going to come before me that I am not prepared to handle. I have endeavored to make rulings based on sound legal reasoning and to draft clear, thoughtful and thorough decisions.

 

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

 

JB: I would say my least favorite thing as a judge is having to run for office. I have always been a straight shooter and this doesn’t always play well in politics.

 

However, I am not going to change as I think the public will appreciate someone who is forthright.

My favorite thing is the interaction between myself and the litigants who appear before me. I always try to be patient, courteous and respectful to all litigants and most of all, be a good listener. No matter what my rulings are, I think the litigants appreciate the courtesies I extend to them.

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

 

JB: I view a judge’s role is to enforce the laws that have been enacted by the legislature. When I think the law should be changed, I can express that to the legislators and I would be willing to do so and state my reasons.

 

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

 

JB: I’m not sure this is really a pet peeve, but I am insistent that the attorneys who appear before me are prepared and are civil to each other.

 

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

 

JB: As a follow up to the preceding question, I think the best piece of advice I could give to the litigants and attorneys is to be civil to each other and not make personal attacks and further, to have complete candor with the Court.

 

VLM: What is your passion outside of law?

 

JB: While I enjoy doing things with my family, I really don’t have any hobbies. I enjoy reading. However, being a judge consumes most of my time as I am either at work or I am constantly reading books and cases related to the law to gain knowledge, so I can make informed decisions. I can’t remember the last time I read a book for pleasure.

 

VLM: What do you love most about Vegas?

 

JB: The thing I love most about Las Vegas is the people. I am a long-time resident of Las Vegas with my family first coming here in 1955 and I grew up here and am a graduate of UNLV. I have practiced law in Las Vegas since my admission to the bar in 1980. I returned to [Las Vegas] after graduating from Pepperdine University School of Law to begin my legal career and start my family. Practicing law in Las Vegas has been very rewarding to me professionally. Most importantly, it has given me the opportunity to meet many wonderful people who have been a part of my life.

 

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.