legal matters - las vegas sun · 2019. 10. 13. · 4 legal matters law firms embracing gender...

INSIDE

Protecting your trademark

Filing for small claims

Gender equality at work

Dealing with new rules

SUPPLEMENT TO IN BUSINESS LAS VEGAS | NOVEMBER 9, 2007BEST LAWYERS® 2008SPECIAL REPORT

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LEGAL MATTERSLEGAL MATTERS

BNV_113_HualapaiOpen_InBus_AD.in1 1 10/18/07 10:42:03 AM

In this year’s edition of Legal Matters, we’ve opted to steer the editorial content toward how

law can affect business. More spe-cifically, we’ve aimed to make these stories helpful to Southern Nevada business owners.

In this section, you’ll find a story about the laws and regulations that new business owners need to know. Look for stories about protecting your brand, Web site and logo, in addition to delving into options for financing a business from a legal

standpoint.For the third consecutive year, we

are publishing the Best Lawyers® list from Woodward White Inc. using lawyers that were selected in Southern Nevada — a roster of more than 160 attorneys in nearly 30 areas of practice. The honorees can be found on pages 11-16 of this publication. The specific process for how the selections were made can be found there as well.

For more than 20 years, Woodward White has published The Best Law-

yers in America® complied from a state-by-state survey of lawyers which allows them to vote only for nominees in their specialties and in their own jurisdiction.

Congratulations to everyone on this list. It’s a prestigious honor and one that carries national attention.

Rob LangrellEditor of Special Publications [email protected] (702) 990-2490

PublisherBruce Spotleson [email protected]

ASSiStAnt Kari Moore (990-2443)

editorialSpeciAl puBlicAtionS editor Rob LangrellWriterS Brian SodomaDanielle BirkincopY editor Caroline Orzes

CreatiVeeditoriAl deSiGnerS Adam Bucci

Bradley Samuels

AdVertiSinG creAtiVe director Thomas JackmanAdVertiSinG creAtiVe StAFF Meghan CrookesJessica Pfielle

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Account executiVeSSarah Dennis .......................... (990-8170)Allen Grant ............................. (990-8991)Eric Kane ................................. (990-8969) Bessy Lee ................................ (990-8948) Jim Villela ............................... (990-7735)Account coordinAtor

Sue Sran ................................. (990-8911)

ProduCtioNproduction director Maria Blondeauxproduction MAnAGer Blue Uyedaproduction ASSiStAnt Marissa GabletrAFFic MAnAGer Janine Hughes trAFFic ASSiStAnt Rue McBride

CirCulatioNVp oF circulAtion Kris Donnelly ASSt. director oF circulAtion Rhona Cameron diStriBution MAnAGer Matt HemmerlingFulFillMent ASSiStAnt Doris HollifieldAdMiniStrAtiVe ASSiStAnt Nancy Jeskey

From the Editor

chAirMAn oF the BoArd ............................ Daniel A. Greenspun

preSident .............................................................Michael T. Carr

exec. Vp / chieF operAtinG oFFicer ...................... Daniel E. Aks

huMAn reSourceS .................................................. John Ottone

Vp - pr & proMotionS ............................................Kelli Maruca

MArKetinG MAnAGer ......................................... Amy Hachquet

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From our firm to the community, we salute those at-torneys selected as leaders in the field of law and con-gratulations to In Business Las Vegas for this important publication.

Mark TratosManaging Shareholder, Greenberg Traurig, LLP

LEGAL MATTERSLEGAL MATTERS

Dear In Business Las Vegas readers,

4 LEGAL MATTERS

Law firms embracing gender equality in workplace

Robert McPeak Jacob BundickMaren Parry

Kurt SmithShane Young

Bill Curran Stan Parry David Barksdale Robert Kim Josh Reisman Ariel Stern

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BSAI-LegalMatters-102607-mech 10/24/07 6:04 PM Page 1

By Brian SodomaSpecial Publications Writer

The subject of gender equality still gets its share of headline attention with roughly 15,000 sex-ual harassment cases reported to the Equal

Employment Opportunity Commission (EEOC) each year. While it’s difficult to nail down exact numbers for Nevada, the Silver State owns its share of high profile cases, the most recent a $850,000 settlement between Caesars Palace and alleged victims of sexu-al harassment and retaliation at one of its hotel res-taurants.

But certain law firms are doing their part to help as-sure women employees enjoy an inclusive work en-vironment, and some attorneys see the simple prac-tices put forth by their employers as applicable to all

types of businesses.Tessa Trelz, a partner

in the corporate servic-es group of Armstrong

Teasdale, a Missouri-based law firm with a Las Ve-gas office, founded the firm’s Professional Advance-ment for Women program which has helped create more professional growth opportunities for women in the firm, she said, while discussing the Armstrong Teasdale’s recent placement on the Best Law Firms for Women list in Working Woman Magazine.

The Professional Advancement for Women pro-gram was born from a partnership with the St. Louis Business Journal newspaper a decade ago. The Jour-nal established an awards program honoring local influential businesswomen, and Trelz’s firm, along with several other local businesses, bought a spon-sorship. But at the time, other things were happening that would continue to shift the firm’s culture with regards to women.

“Around the same time we were part of the U.Law

Firm Group [a trade group made up of 19 law firms similar in size and scope]. The group was forming a women’s standing committee,” said Trelz. “Out of that committee, we were able to have ongoing conversa-tions with firms around the country about attrition, advancement and other issues related to women law-yers. Over the last nine years, we’ve been informally building on the things we’ve learned from those ini-tial efforts.”

Under its program, Armstrong Teasdale works to create networking opportunities for the firm’s wom-en. “[Networking] is a huge component of our busi-ness. It’s very important to make sure our commu-nity is getting to know our people. It allows them to develop a professional profile outside of the office. It also gives the opportunity to build relationships with other professional women,” Trelz added.

The firm’s program also uses a coaching compo-nent, where women lawyers who have been out of law school for at least four years can take advantage of a six-month one-on-one personal coaching pro-gram to help improve business development skills. As the founding director of the program, Trelz is also tasked with mentoring younger women attorneys,

as well as making sure other partners are mentor-ing younger lawyers. She keeps her role informal by taking younger attorneys out to lunch or checking in with employees in other ways to get a sense of what the firm could be doing to help them with their career. “I don’t want to have a preconceived notion of where they are. Typically, there are tweaks that can be made and I can help them. I try to act more as a sounding board, or as a tool to help them manage their career,” she added. “You can see where all of these things can have application outside of a law firm. … Every pro-fessional can use a good mentor.”

Pat Curtis, real estate attorney and partner with Snell & Wilmer in Las Vegas, considers herself fortu-nate for having an employer who truly views women as equals. “They appreciate the skills women can bring to the practice of law; some have skills that are unique, especially women who are also work-ing moms. There are a lot of crossover skills, like pa-tience and persistence,” she said.

Curtis also said a law firm can be a place where employees, regardless of gender, are on an equal footing because of the high skill sets and education needed to work in the environment. “I think it [edu-cation and higher professionalism] allows women to compete very effectively in a law firm environment,” she added. “I think the best thing my employer does is have the same expectation of women as he has of men attorneys. I don’t think women get any special breaks.”

“If you look back, the [law school] classes had about half as many women in them [back then],” she said. “I don’t think women were as respected. I think, today, you find many more women in general counsel posi-tions in private industry. You could hardly find wom-en in positions of authority [in the 1980s]. Women are much more accepted in the profession now.”

Workplace

Tessa Trelz Pat Curtis

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IDENTITY THEFT©®TM


You’ve put considerable energy into your marketing strategy, come up with the perfect logo and catch phrase for your

business, even spent years helping the buying public asso-ciate your s e r v i c e s with your

company. But then you find with a few Internet searches, your creative work is being used to send consumers to a competitor’s Web site, or to a completely unrelated site.

With the Internet as much a part of daily lives as food, local legal experts say these frustra-tions are common among business owners. According to the U.S. patent and trademark of-

fice, over the past four years there have been an average of more than 2,200 trademark in-fringement cases filed each year, ranging from a high of 2,920 in 2004 and a low of 1,766 in 2005.

“You started to see a lot more [branding mis-use issues] after the Internet arrived because you had businesses in different parts of the country peacefully coexisting. Then, all of a sudden they’re fighting for domain names,” said Michael McCue, partner and co-chair of the intellectual property group with Lewis and Roca LLP.

McCue said cybersquatting, phishing and outright Web site replication in order to ob-tain personal information from visitors are the three major types of cases seen today. Cybers-quatters use a brand or trademark in a domain

name in hopes of luring the brand owner to purchase the domain for an outrageous price. Often, cybersquatters even try to tarnish the image of a brand by associating it with adult content or fake giveaways. Phishing, which has become more common today with the frequency of email use, has Internet ne’er-do-wells emailing unknown recipients asking to verify bank account information and find other personal information. Web site replication, on the other hand, doesn’t happen frequently, but has occurred, McCue said.

What you can do to protect your brandMcCue said it takes continued vigilance and

oversight to keep your brand safe. Policing your Internet domain name is the first step. Doing your own Google searches as well as hiring a watch service is recommended. Watch

Protecting one’s brand is tricky in the Internet world

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services can range in price from $1,300 to as high as $30,000 a year, said McCue. “These services basically provide notice to you of how your brand name is be-ing used to determine if it’s being misused.”

McCue also said business owners should keep an ear open for customer complaints to see if a brand is being misused in some way. Filing a simple cease and desist order against the operator of a site misus-ing your brand usually results in the taking down of the content. Also, recovering the domain name is not difficult, unless dealing with a foreign entity.

“When dealing with infringers in a foreign country, recovering a country extension is much more difficult to get domain names disabled or have the content taken down in part because of the dif-ferent levels of protec-tion countries afford to brand owners,” he said.

And even when some-one is stopped from mis-using a brand, there’s

little that can be done to stop them from continuing in the future. “Stopping them from doing it again is difficult. Because it’s Internet based, it’s easy for an infringer to hide his identity. It can be a never-ending process,” McCue added.

As soon as you are aware of potential infringe-ment, address it early, McCue said. A delay in action could result in forfeiting rights under the doctrine of laches, which punishes those who don’t assert their rights for an unreasonable amount of time.

But prior to filing a cease and desist against an en-tity, one needs to do their homework to see if there is a clear infringement occurring, said Lauri Thomp-son, a shareholder with Greenberg Traurig in its in-

tellectual property and entertainment division. “If you send a demand letter, they could haul you

into court,” she said. “Quite often there are gray areas in trademark comparisons and when you compare two trademarks to see if one is infringing upon an-other, you must look at the likelihood of confusion.” Thompson used the obvious example of Delta Air-lines and Delta Faucets as being two entities that can peacefully coexist, despite having the same name, because they operate in unrelated industries.

“However, there are situations where industries grow and overlap,” she added, while giving an exam-ple of restaurants getting into the frozen food busi-ness or a video rental company creating an online search database for movies and actors. “These are in-dustries separate in the beginning, but then become part of each other in a natural expansion. Things can overlap with another company or a Web site.”

When building a brand …

McCue said it is important to “clear the brand” before marketing it. “Make sure you are not using someone else’s same or similar trademark or logo for the same or similar goods and services in the same geographic market,” he said.

Filing a trademark registration with the appropriate state or federal trademark agency is the next step. “If your goal is to only operate in Nevada, you probably only need a trademark registration from the patent and trademark office in the state.” As far as inter-national business is concerned, Thompson added, “What we recommend is that you look at countries where there’s the likelihood of doing business and file those registrations right away.”

Even while creating a logo, slogan or overall brand, it’s important to consider as many phrasing options as possible, both attorneys said. Generic phrasings like “Chicago Pizzeria” cannot be trademarked. Mc-Cue gives the example of Cirque du Soleil wanting to prohibit other businesses from using the word

“cirque” in their name or advertising as an example of a generic word not being able to be protected.

Thompson further emphasized that just because a business owner has put a lot of energy into market-ing materials, a logo, slogan or brand doesn’t exist until the public is aware of it. “When the art depart-ment creates a logo, it’s not a brand. It’s just a logo [until] the public becomes aware of your public rela-tions efforts, your advertising, and the word of mouth [that is] connected to the services you provide. Once you build that brand, a great deal of your business valuation has changed,” she said. “Then you have to worry about how to protect it.”

“The whole goal of trademark law is to avoid con-sumer confusion. When you see a McDonald’s, you know who the source is, what the quality is. It’s to protect the investment businesses make in their brands,” McCue added.

Tips for protecting your brand …

l Register a trademark with the patent and trade-mark office in the state, federal office, or interna-tionally, if you believe you will do business outside the U.S.l Hire an Internet watch service to police your brand.l In the event of an infringement, consult with some-one to make sure there is an actual conflict. Having the same company name, but working in different industries may not be a conflict.l Address trademark infringements immediately to avoid losing any legal rights as a result of the “doc-trine of laches.”l Prior to marketing, do research to see if your brand identity is being used in your market area for a simi-lar product or service.l Choose a strong, unique brand name that can’t be confused with another generic company name. Strong brand name examples include: Pepsi, Wynn, Exxon.

Michael McCue

� LEGAL MATTERS

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By Danielle BirkinContributing writer

The process of successfully launch-ing and growing a company, then staying afloat in a competitive mar-

ketplace, is often fraught with uncertain-ty and chance. An entrepreneur needs vision, ambition and must be willing to take risks. But there is one element of a company’s

genesis that business owners must pru-dently respect, namely, complying with the le-gal regulations and re-quirements associated

with conducting business in Southern Nevada. In order to effectively navigate the legal labyrinth, many entrepreneurs enlist the assistance of a local attorney. “People involve lawyers in the beginning because they don’t want to go through the legal maze,” said Bill Urga, managing partner at Jolley Urga Wirth, Woodbury & Standish. “They just say, ‘Tell me what I have to do.’”

Navigating new business rules and regulations

RULES


Larry Vierra, director of the Nevada Small Business Development Center, loosely summarized the steps neces-sary to get a new business up and run-ning. “First, develop a business plan that justifies your entry into that field financially, emotionally and time-wise,” Vierra said. “Second, decide what kind of entity your business will be, whether it’s a corporation, an LLC or a sole pro-prietorship. Third, get your state and lo-cal licensing, and then go for funding. With funding secured, lease space and start to buy the necessary infrastruc-ture, like inventory, signage, computers and chairs and put some meat on the bones of that skeleton. You may want to do some pre-opening advertising, then open those doors and hope people start walking through.”

Once a workable business plan has been estab-lished, Da-vid Levine, head of the Las Vegas department of business and finance for Snell & Wilmer, agreed that a business owner must then deter-mine what type of enti-ty the com-

pany will be. “When you open a busi-ness you have to decide what type of legal entity you want to form, because depending on which you form, it will have an impact on taxes, the type of liability that shareholders or owners face, and the degree of control that the owners will have over the business, including the ability to raise money. If you don’t have an entity, you are not providing yourself with liability pro-tection.”

Levine, who has practiced law ex-tensively in California, said licensing varies from business to business and from municipality to municipality, but offered some general comments about its significance, which can be read-ily applied to Southern Nevada. Cities and states typically require licenses, but there may be some less obvious lo-cal licensing rules that business own-ers could overlook. “Sometimes, the county requires annual fees, and if you ignore [the renewal notices] and some-one finds out, you can get penalties for previous years,” he said. “The fees may not be huge amounts in terms of dol-lars, but people need to pay attention and make sure they are complying with those local requirements and not just the state and the federal. I call this traps for the unwary.”

Jeff Zucker, shareholder and head of the business law department at Lionel Sawyer & Collins, said some businesses require special licenses, such as gam-ing or liquor. Home-based businesses require licensing as well, although some entrepreneurs believe this is not the case. “A lot of people think they can set up their business in their house, and depending on the municipality and

the nature of the business, they may or may not be able to,” Zucker said. “Each municipality has their own rules so you should check not only the government requirements but also CC&R condi-tions. And, for any business, there are also issues of zoning and permitting. Some people forget how long it can take to launch a business because of the legal process. You can’t just say, ‘OK, I’m going to start tomorrow.’”

Whether a company will hire full-time employees or recruit contract la-bor is also a concern, and other com-ponents of launching a small business include obtaining workers’ compensa-tion coverage as well as tax issues. The Nevada Small Business Development Center’s Web site, nsbdc.org, features a plethora of practical resources for busi-ness owners, including a FAQ section that address topics such as: tax incen-

tives — no state income tax, low state payroll tax-es, no inven-tory tax and no franchise tax; licens-ing — gen-eral licens-ing steps and home-based business li-censing; and a p p l y i n g for grants

and loans — small-business loans and grants and special loans and grants for minority- and women-owned busi-nesses.

The comprehensive and informative Web site also offers scores of additional

resources and tools, including a series of NSBDC publications that cover top-ics such as starting a small business in Nevada, how to write a business plan, good deals in leasing, licenses and per-mits in Southern Nevada, helpful busi-ness Web sites, evaluating a business for sale and FAQs about small-busi-ness loans. The Nevada Small Business Development Center also provides numerous services to assist entrepre-neurs, including myriad business-relat-ed classes. “If you follow the guidelines we have on our Web site or see one of our advisors, we will walk you through the steps to starting a business and we do that at no cost,” Vierra said. “We can help you incorporate and get state and local licenses and a DBA and all those necessary items that someone has tra-ditionally gone to a lawyer or a CPA to accomplish.”

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10 LEGAL MATTERS


As goals are met and expansion becomes more of a “when” in-stead of an “if,” questions can

abound for a business owner look-ing at future growth financ-ing options. There is the

traditional debt approach, or borrow-ing from a bank. But today, more and more businesses consider private eq-

uity investors, venture capital firms, or other forms of investor-related financ-ing. Some local attorneys say there are things a businessman, as well as the potential investors, should keep in mind before hammering out a deal.

Neal Klegerman, an attorney with the local office of Kummer Kaempfer Bonner Renshaw & Ferrario, said have impeccable business records before getting into any kind of financing deal. “One point I’ve tried to make over the years is record keeping. It’s important

to keep track of things, es-pecially con-tracts you may have signed,” K l e g e r m a n said. “I’ve been practicing for 25 years and I’ve seen some really goofy things.” Even with a compa-ny that is sophisticated.

Klegerman gave the example of a company that signed contracts where, in the fine print, ownership may have been offered to someone outside the company. Now, the company seeks outside investors or an IPO, and law-yers must deal with the issue.

Klegerman said he tries to get an idea of a business owner’s long and short-term goals before offering the sugges-tion to bring in outside investors. He said diluting the family or individual interest is always a prime concern. For many, a traditional bank financed expansion could be the answer, added Klegerman. But if bringing investors on board seems more appealing, secu-rities law compliance is one of the big-gest issues businessmen need to learn.

Klegerman said most companies should seek an exemption from reg-istering with the Securities and Ex-change Commission (SEC), and going with a private equity firm usually al-lows for that. “Typically, you don’t want to deal with the regulatory agency un-less you want to do an IPO (Initial Pub-lic Offering). It’s very expensive and time consuming dealing with the SEC.” Some estimates, depending on the size and type of business, show an IPO cost-ing five to six figures in administrative fees, but totals vary dramatically.

Kirby Colson, a partner with the lo-cal office of Armstrong Teasdale, said regardless of SEC registration, bring-ing on investors subjects an owner to a highly regulated environment, more specifically because of Rule 10(b)5 un-der the Securities and Exchange Act of 1934, which states that a business owner should not engage in “deceptive practice,” and must still abide by fed-eral securities laws when it comes to disclosures about his company.

“You have to [be careful of] what you tell or decide not to tell an investor. If someone invests in your company and you have not made full and complete disclosures and the business doesn’t do well, you are subjecting yourself to the possibility of a lawsuit,” Colson warned.

Colson said savvy investors should have their share of demands in order to protect their interest. “A generally sophisticated investor is going to de-mand some things. They are not going

to put money into something and have it sit there and not have any con-trol,” he said.

These de-mands are usu-ally tied to exit strategies, or a desire to avoid being abused or overlooked.

Colson added that it’s in the best inter-est of any investor to demand quarter-ly, or at least annual, financial reports, as well as access to meetings with management. Pre-emptive and tag-along rights are other rules investors will likely demand. An example is an investor who buys a 10 percent stake in a company, then the owner decides to sell more shares to other investors, diluting the investor’s interest. The rights allow the investor to purchase more shares at an agreed upon price in order to keep his or her 10 percent position in the business. A “right to sell” clause is also sometimes negoti-ated for the opposite scenario where an owner decides to sell a portion of his interest in the company. The inves-tor can then also do the same.

Klegerman said contract demands by savvy investors are not uncommon, and adds that a savvy investor being tied to a business can be good for the company’s reputation, and perhaps bring some synergy between investor and owner. “The good investors are smart enough to understand they can never replicate the expertise of the en-trepreneur running the business. But they can bring forth a lot of ideas or methods [the owners] may not other-wise know. … They can also bring a lot of contacts with all kinds of potential benefits.”

Klegerman also cautions businesses to look closely at fees when it comes to seeking investors. “I’ve seen a lot of that kind of thing [high or unneces-sary fees] where we simply advise a client to just walk away from the situ-ation,” he said. He also cautions busi-ness owners to make sure a potential investor has the appropriate securities registrations in place before coming on board. He said the issue of liquid-ity can be a big sticking point. In prin-ciple, shares of a company should be held as a long-term investment. If they are liquid, they can be sold. The secu-rities should likely not become liquid unless there is an IPO down the road, which some businesses may see as an ultimate goal when taking on a private investment firm.

“It’s a real red flag when a [private] investor is working hard to make the securities liquid,” he added.

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Deciding to bring in investors can be a give-and-take affair

Growing the business

FINANCE

Neal Klegerman Kirby Colson

This list is excerpted from the 2008 edi-tion of The Best Lawyers in America, the pre-eminent referral guide to the legal

profession in the United States. Published since 1983, Best Lawyers lists attorneys in 80 special-ties, representing all 50 states, who have been chosen through an exhaustive survey in which thousands of the nation’s top lawyers confiden-tially evaluate their professional peers. The 2008 edition of Best Lawyers, which was published in September, was based on more than 1.8 million evaluations of lawyers by other lawyers.

The method used to compile Best Lawyers remains unchanged since the first edition was compiled more than 20 years ago. Lawyers are chosen for inclusion based solely on a vote of their peers. Listings cannot be bought, and no purchase is required to be included. In this regard, Best Lawyers remains the gold standard of reliability and integrity in lawyer ratings.

The nomination pool for the 2008 edition consisted of all lawyers whose names appeared in the previous edition of Best Lawyers, law-yers who were nominated since the previous

survey, and new nominees solicited from listed attorneys. In general, lawyers were asked to vote only on nominees in their own specialty in their own jurisdiction. Lawyers in closely related specialties were asked to vote across special-ties, as were lawyers in smaller jurisdictions. Where specialties are national or international in nature, lawyers were asked to vote nationally as well as locally. Voting lawyers were also given an opportunity to offer more detailed comments on nominees. Each year, half of the voting pool receives fax or e-mail ballots; the other half is polled by phone.

Voting lawyers were provided this general guideline for determining if a nominee should be listed among “the best”: “If you had a close friend or relative who needed a real estate law-yer (for example), and you could not handle the case yourself, to whom would you refer them?” All votes and comments were solicited with a guarantee of confidentiality – a critical fac-tor in the viability and validity of Best Lawyers® surveys. To ensure the rigor of the selection process, lawyers were urged to use only their

highest standards when voting, and to evaluate each nominee based only on his or her individ-ual merits. The additional comments were used to make more accurate comparisons between voting patterns and weigh votes accordingly. Best Lawyers uses various methodological tools to identify and correct for anomalies in both the nomination and voting process.

Ultimately, of course, a lawyer’s inclusion is based on the subjective judgments of his or her fellow attorneys. While it is true that the lists may at times disproportionately reward visibil-ity or popularity, the breadth of the survey, the candor of the respondents, and the sophistica-tion of the polling methodology largely correct for any biases.

For all these reasons, Best Lawyers lists contin-ue to represent the most reliable, accurate and useful guide to the best lawyers in the United States available anywhere.

Best Lawyers lists are available at www.bestlawyers.com. “Best Lawyers,” and “The Best Lawyers in America” are registered trademarks of Woodward White Inc.

BEST LAWYERS 2008®

How the selections were made …

12 LEGAL MATTERS

Administrative Law

Kirk B. LenhardJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Samuel S. LionelLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Steve MorrisMorris Pickering900 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-474-9400

Jeffrey A. SilverGordon & Silver3960 Howard Hughes Parkway, Ninth FloorLas Vegas, NV, 89109, 702-796-5555

John D. O’BrienJohn D. O’Brien700 South Seventh StreetLas Vegas, NV, 89101, 702-382-5222

David N. FrederickLionel Sawyer & Collins1700 Bank of America Plaza, 300 South Fourth Street, Las Vegas, NV, 89101, 702-383-8888

Daniel F. PolsenbergLewis and Roca3993 Howard Hughes Parkway, Suite 600, Las Vegas, NV, 89109, 702-949-8200

Candace C. CarlyonShea & Carlyon233 South Fourth Street, First FloorLas Vegas, NV, 89101, 702-471-7432

Laurel E. DavisFennemore Craig300 South Fourth Street, Suite 1400Las Vegas, NV, 89101, 702-692-8000

Thomas H. FellGordon & Silver3960 Howard Hughes Parkway, Ninth FloorLas Vegas, NV, 89109, 702-796-5555

Gregory E. GarmanGordon & Silver3960 Howard Hughes Parkway, Ninth FloorLas Vegas, NV, 89109, 702-796-5555

Gerald M. GordonGordon & Silver3960 Howard Hughes Parkway, Ninth FloorLas Vegas, NV, 89109, 702-796-5555

James D. GreeneBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Richard F. HolleySantoro, Driggs, Walch, Kearney, Johnson & Thompson400 South Fourth Street, Third FloorLas Vegas, NV, 89101, 702-791-0308

Robert Richard KinasSnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

Jeanette E. McPhersonSchwartzer & McPherson Law Firm2850 South Jones Boulevard, Suite OneLas Vegas, NV, 89146, 702-228-7590

William M. NoallGordon & Silver3960 Howard Hughes Parkway, Ninth FloorLas Vegas, NV, 89109, 702-796-5555

Lenard E. SchwartzerSchwartzer & McPherson Law Firm2850 South Jones Boulevard, Suite OneLas Vegas, NV, 89146, 702-228-7590

James Patrick SheaShea & Carlyon233 South Fourth Street, First FloorLas Vegas, NV, 89101, 702-471-7432

Donald J. CampbellCampbell & Williams 700 South Seventh StreetLas Vegas, NV, 89101-6908, 702-382-5222

Cam FerenbachLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

David N. FrederickLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Gary R. GoodheartJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Andrew P. GordonMcDonald Carano Wilson2300 West Sahara Avenue, Suite 1000Las Vegas, NV, 89102, 702-873-4100

Paul HejmanowskiLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

C. Stanley HuntertonHunterton & Associates333 South Sixth StreetLas Vegas, NV, 89101, 702-388-0098

J. Randall JonesHarrison, Kemp & Jones3800 Howard Hughes Parkway, Suite 1700Las Vegas, NV, 89169, 702-385-6000

William S. KempHarrison, Kemp & Jones3800 Howard Hughes Parkway, Suite 1700Las Vegas, NV, 89169, 702-385-6000

Dennis L. KennedyBailey Merrill8691 West Sahara Avenue, Suite 200Las Vegas, NV, 89117, 702-562-8820

Todd E. KennedyLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Thomas F. KummerKummer Kaempfer Bonner Renshaw & Ferrario3800 Howard Hughes Parkway, Seventh FloorLas Vegas, NV, 89109, 702-792-7000

Mary Kristina PickeringMorris Pickering900 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-474-9400

James J. PisanelliBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Bankruptcy & Creditor-Debtor Rights Law

Alternative Dispute Resolution

Appellate Law

Commercial Litigation

These lists are excerpted from The Best Lawyers in America® 2008, which includes listings for over 30,000 lawyers in 78 specialties, in all 50 states and the District of Columbia. The Best Lawyers in America® is published by Woodward/White, Inc., Aiken, S.C., and can be ordered directly from the publisher. For information call 803-648-0300; write 129 First Avenue, SW, Aiken, SC 29801; email [email protected]; or visit www.bestlawyers.com. Online subscriptions to Best Lawyers® databases are available at www.bestlawyers.com.

Copyright 2007 by Woodward/White, Inc., Aiken, SC. All rights reserved. This list, or parts thereof, must not be reproduced in any form without permission. No commercial use of this list may be made without permission of Woodward/White, Inc. No fees may be charged, directly or indirectly, for the use of this list without permission.

“The Best Lawyers in America” and “Best Lawyers” are registered trademarks of Woodward/White, Inc.

BEST LAWYERS 2008


Thomas G. RyanLewis and Roca3993 Howard Hughes Parkway, Suite 600Las Vegas, NV, 89109, 702-949-8200

Abran E. VigilLewis and Roca3993 Howard Hughes Parkway, Suite 600Las Vegas, NV, 89109, 702-949-8200

Andrew P. GordonMcDonald Carano Wilson2300 West Sahara Avenue, Suite 1000Las Vegas, NV, 89102, 702-873-4100

Dennis R. HaneyHaney, Woloson & Mullins1117 South Rancho DriveLas Vegas, NV, 89102, 702-474-7557

Leon F. Mead IISnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

George OgilvieMcDonald Carano Wilson2300 West Sahara Avenue, Suite 1000Las Vegas, NV, 89102, 702-873-4100

Richard L. PeelPeel Brimley3333 East Serene Avenue, Suite 200Henderson, NV, 89074-6571, 702-990-7272

James J. PisanelliBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Todd M. ToutonLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Michael J. BonnerKummer Kaempfer Bonner Renshaw & Ferrario3800 Howard Hughes Parkway, Seventh FloorLas Vegas, NV, 89109, 702-792-7000

A. Kent GreeneClark, Greene & Associates3770 Howard Hughes Parkway, Suite 195Las Vegas, NV, 89109, 702-369-2900

Adam P. SegalBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Howard EckerEcker & Keinen300 South Fourth Street, Suite 901Las Vegas, NV, 89101, 702-384-1700

Paul A. LemckeJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Daniel MarksDaniel Marks302 East Carson Avenue, Suite 702Las Vegas, NV, 89101, 702-386-0536

Todd L. BiceBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Allen LichtensteinAllen Lichtenstein3315 Russell Road, Suite 222Las Vegas, NV, 89120, 702-433-2666

J. Colby WilliamsCampbell & Williams700 South Seventh StreetLas Vegas, NV, 89101-6908, 702-382-5222

Paul E. LarsenLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

David R. ArrajjBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Peter BernhardBullivant Houser Bailey3883 Howard Hughes Parkway, Suite 550Las Vegas, NV, 89109, 702-669-3600

John N. BrewerKummer Kaempfer Bonner Renshaw & Ferrario3800 Howard Hughes Parkway, Seventh FloorLas Vegas, NV, 89109, 702-792-7000

Charles W. DeanerDeaner, Deaner, Scann, Malan & Larsen720 South Fourth Street, Suite 300Las Vegas, NV, 89101, 702-382-6911

Norman Ty HilbrechtHilbrecht & Associates723 South Casino Center BoulevardLas Vegas, NV, 89101-6716, 702-384-1036

R. Gardner JolleyJolley Urga Wirth Woodbury & Standish3800 Howard Hughes Parkway, Suite 1600Las Vegas, NV, 89169, 702-699-7500

Robert C. KimBallard Spahr Andrews & IngersollBank of America Plaza, Suite 1201300 South Fourth StreetLas Vegas, NV, 89101, 702-471-7000

Samuel S. LionelLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

John D. O’BrienJohn D. O’Brien700 South Seventh StreetLas Vegas, NV, 89101, 702-382-5222

Ellen SchulhoferBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Kenneth A. WolosonHaney, Woloson & Mullins1117 South Rancho DriveLas Vegas, NV, 89102, 702-474-7557

Andrew S. BrignoneBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Anthony N. CabotLewis and Roca3993 Howard Hughes Parkway, Suite 600Las Vegas, NV, 89109, 702-949-8200

Construction Law

Corporate Law

Employee Benefits Law

Family Law

First Amendment Law

Franchise Law

Gaming Law

William P. CurranBallard Spahr Andrews & IngersollBank of America Plaza, Suite 1201300 South Fourth StreetLas Vegas, NV, 89101, 702-471-7000

Robert D. FaissLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

P. Gregory GiordanoSnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

BEST LAWYERS 2008

14 LEGAL MATTERS

Edward M. GarciaJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Ellen WhittemoreLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Keith M. LyonsLyons Law Firm512 South Eighth StreetLas Vegas, NV, 89101, 702-432-8655

Frank A. SchreckBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101


William R. UrgaJolley Urga Wirth Woodbury & Standish3800 Howard Hughes Parkway, Suite 1600Las Vegas, NV, 89169, 702-699-7500

Ellen WhittemoreLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Joseph W. BrownJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Richard H. BryanLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Mark H. FiorentinoKummer Kaempfer Bonner Renshaw & Ferrario3425 Cliff Shadows Parkway, Suite 150Las Vegas, NV, 89129, 702-693-4260

Edward J. QuirkGreenberg Traurig3773 Howard Hughes Parkway, Suite 500 North Las Vegas, NV, 89169, 702-792-3773

Mark G. TratosGreenberg Traurig3773 Howard Hughes Parkway, Suite 500 North Las Vegas, NV, 89169, 702-792-3773

Scott M. AbbottKamer Zucker Abbott3000 West Charleston Boulevard, Suite ThreeLas Vegas, NV, 89102, 702-259-8640

Frederic I. BerkleyBerkley, Gordon & Goldstein8330 West Sahara Avenue, Suite 290Las Vegas, NV, 89117, 702-227-0700

Howard E. ColeLewis and Roca3993 Howard Hughes Parkway, Suite 600Las Vegas, NV, 89109, 702-949-8200

Kathleen J. EnglandKathleen Jane England630 South Third StreetLas Vegas, NV, 89101, 702-385-3300

Von S. HeinzLewis and Roca3993 Howard Hughes Parkway, Suite 600Las Vegas, NV, 89109, 702-949-8200

Gregory J. KamerKamer Zucker Abbott3000 West Charleston Boulevard, Suite ThreeLas Vegas, NV, 89102, 702-259-8640

Edwin A. Keller, Jr.Kamer Zucker Abbott3000 West Charleston Boulevard, Suite ThreeLas Vegas, NV, 89102, 702-259-8640

Malani L. KotchkaLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Christopher L. KaempferKummer Kaempfer Bonner Renshaw & Ferrario3800 Howard Hughes Parkway, Seventh FloorLas Vegas, NV, 89109, 702-792-7000

Tony F. Sanchez IIIJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

James L. WadhamsJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Lynn S. FulstoneLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Dennis L. KennedyBailey Merrill8691 West Sahara Avenue, Suite 200Las Vegas, NV, 89117, 702-562-8820

Sherman B. MayorMayor Law Firm701 South Ninth Street, Suite 210Las Vegas, NV, 89101, 702-387-9604

Maria NutileHale Lane Peek Dennison and Howard3930 Howard Hughes Parkway, Fourth FloorLas Vegas, NV, 89169, 702-222-2500

M. Edwin PrudhommePrudhomme Law Firm4063 Spring Mountain RoadLas Vegas, NV, 89102, 702-258-0032

Jeremiah Wolf-StuchinerPrudhomme Law Firm4063 Spring Mountain RoadLas Vegas, NV, 89102, 702-258-0032

Anthony N. CabotLewis and Roca3993 Howard Hughes Parkway, Suite 600Las Vegas, NV, 89109, 702-949-8200

Robert Ryan MorishitaMorishita Law Firm3800 Howard Hughes Parkway, Suite 850Las Vegas, NV, 89109, 702-222-2113

Daniel MarksDaniel Marks302 East Carson Avenue, Suite 702Las Vegas, NV, 89101, 702-386-0536

Gary C. MossDLA Piper3960 Howard Hughes Parkway, Suite 400Las Vegas, NV, 89109, 702-737-3433

Government Relations Law

Health Care Law

Immigration Law

Information Technology Law

Intellectual Property Law

Labor & Employment Law

BEST LAWYERS 2008


Robert J. GronauerKummer Kaempfer Bonner Renshaw & Ferrario3800 Howard Hughes Parkway, Seventh FloorLas Vegas, NV, 89109, 702-792-7000

Lynn M. HansenJimmerson Hansen415 South Sixth Street, Suite 100Las Vegas, NV, 89101, 702-388-7171

Michael J. BonnerKummer Kaempfer Bonner Renshaw & Ferrario3800 Howard Hughes Parkway, Seventh FloorLas Vegas, NV, 89109, 702-792-7000

Frank J. CremenFrank J. Cremen715 South Fourth StreetLas Vegas, NV, 89101, 702-385-7475

Dominic P. GentileGentile & DePalma3960 Howard Hughes Parkway, Suite 850Las Vegas, NV, 89109, 702-386-0066

Thomas F. PitaroThomas F. Pitaro815 South Third StreetLas Vegas, NV, 89101, 702-382-9221

William B. TerryWilliam B. Terry530 South Seventh StreetLas Vegas, NV, 89101, 702-385-0799

Richard A. WrightWright, Judd & Winckler300 South Fourth Street, Suite 701Las Vegas, NV, 89101, 702-382-4004

J. Mitchell CobeagaCobeaga Tomlinson228 South Fourth StreetLas Vegas, NV, 89101, 702-240-2499

Douglas M. CohenJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Kerry L. EarleyEarley & Savage7201 Westlake Mead Boulevard, Suite 108Las Vegas, NV, 89128, 702-388-0113

Neil G. GalatzGalatz, Gillock & Associates428 South Fourth StreetLas Vegas, NV, 89101, 702-386-0000

Gerald I. GillockGalatz, Gillock & Associates428 South Fourth StreetLas Vegas, NV, 89101, 702-386-0000

Steven J. ParsonsSteven J. ParsonsCity Center West, Suite 108, 7201 West Lake Mead BoulevardLas Vegas, NV, 89128-8354, 702-384-9900

James F. PicoPico Escobar Rosenberger2000 South Eastern AvenueLas Vegas, NV, 89104, 702-457-9099


Christine A. BrickerGordon & Silver3960 Howard Hughes Parkway, Ninth FloorLas Vegas, NV, 89109, 702-796-5555

Mark J. RicciardiFisher & Phillips3993 Howard Hughes Parkway, Suite 650Las Vegas, NV, 89169, 702-252-3131

Richard S. SegerblomRichard S. Segerblom704 South Ninth StreetLas Vegas, NV, 89101, 702-388-9600

Gregory E. SmithLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Elayna J. YouchahBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Carol Davis ZuckerKamer Zucker Abbott3000 West Charleston Boulevard, Suite ThreeLas Vegas, NV, 89102, 702-259-8640

Thomas D. AmickKummer Kaempfer Bonner Renshaw & Ferrario3425 Cliff Shadows Parkway, Suite 150Las Vegas, NV, 89129, 702-693-4260


Mark H. FiorentinoKummer Kaempfer Bonner Renshaw & Ferrario3425 Cliff Shadows Parkway, Suite 150Las Vegas, NV, 89129, 702-693-4260

Edward M. GarciaJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300


Stanley W. ParryBallard Spahr Andrews & IngersollBank of America Plaza, Suite 1201300 South Fourth StreetLas Vegas, NV, 89101, 702-471-7000



Gerald I. GillockGalatz, Gillock & Associates428 South Fourth StreetLas Vegas, NV, 89101, 702-386-0000

Land Use & Zoning Law

Medical Malpractice Law

Mergers & Acquisitions Law

Non-White-Collar Criminal Defense

Personal Injury Litigation

Product Liability Litigation

Real Estate Law

Michael E. BuckleyJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

BEST LAWYERS 2008

16 LEGAL MATTERS

Leslie Terry JonesBrownstein Hyatt Farber Schreck300 South Fourth Street, Suite 1200Las Vegas, NV, 89101, 702-382-2101

Layne J. ButtBailey Merrill8691 West Sahara Avenue, Suite 200Las Vegas, NV, 89117, 702-562-8820


Patricia J. CurtisSnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

Charles W. DeanerDeaner, Deaner, Scann, Malan & Larsen 720 South Fourth Street, Suite 300Las Vegas, NV, 89101, 702-382-6911

Andrew S. GabrielMcDonald Carano Wilson2300 West Sahara Avenue, Suite 1000Las Vegas, NV, 89102, 702-873-4100

Mark H. GoldsteinLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Jodi R. GoodheartJones Vargas3773 Howard Hughes Parkway, Third Floor SouthLas Vegas, NV, 89109, 702-862-3300

Barry Stephen GooldGoold Patterson Ales & Day4496 South Pecos RoadLas Vegas, NV, 89121, 702-436-2600


James MaceSnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

Steven J. OshinsOshins & Associates1645 Village Center Circle, Suite 170Las Vegas, NV, 89134, 702-341-6000

Jeffrey D. PattersonGoold Patterson Ales & Day4496 South Pecos RoadLas Vegas, NV, 89121, 702-436-2600

Renee R. ReutherRice Silbey Reuther & Sullivan3960 Howard Hughes Parkway, Suite 700Las Vegas, NV, 89109, 702-732-9099

Stephen RiceRice Silbey Reuther & Sullivan3960 Howard Hughes Parkway, Suite 700Las Vegas, NV, 89109, 702-732-9099

Mandy S. ShavinskySnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

Stephen B. YokenSnell & Wilmer3883 Howard Hughes Parkway, 11th FloorLas Vegas, NV, 89169, 702-784-5200

Jeffrey P. ZuckerLionel Sawyer & Collins1700 Bank of America Plaza300 South Fourth StreetLas Vegas, NV, 89101, 702-383-8888

Jeffrey L. BurrJeffrey L. Burr & Associates2600 Paseo Verde ParkwayHenderson, NV, 89074, 702-433-4455

Richard A. OshinsOshins & Associates1645 Village Center Circle, Suite 170Las Vegas, NV, 89134, 702-341-6000

Jeffrey L. BurrJeffrey L. Burr & Associates2600 Paseo Verde ParkwayHenderson, NV, 89074, 702-433-4455

Richard A. OshinsOshins & Associates1645 Village Center Circle, Suite 170Las Vegas, NV, 89134, 702-341-6000

Richard A. WrightWright, Judd & Winckler300 South Fourth Street, Suite 701Las Vegas, NV, 89101, 702-382-4004

Steven J. OshinsOshins & Associates1645 Village Center Circle, Suite 170Las Vegas, NV, 89134, 702-341-6000

Layne T. RushforthThe Rushforth Firm9505 Hillwood Drive, Suite 100Las Vegas, NV, 89134, 702-255-4552

Donald J. CampbellCampbell & Williams700 South Seventh StreetLas Vegas, NV, 89101-6908, 702-382-5222

Frank J. CremenFrank J. Cremen715 South Fourth StreetLas Vegas, NV, 89101, 702-385-7475

Dominic P. GentileGentile & DePalma3960 Howard Hughes Parkway, Suite 850Las Vegas, NV, 89109, 702-386-0066

C. Stanley HuntertonHunterton & Associates333 South Sixth StreetLas Vegas, NV, 89101, 702-388-0098

Thomas F. PitaroThomas F. Pitaro815 South Third StreetLas Vegas, NV, 89101, 702-382-9221

William B. TerryWilliam B. Terry530 South Seventh StreetLas Vegas, NV, 89101, 702-385-0799

Aubrey GoldbergGreenman, Goldberg, Raby & Martinez601 South Ninth StreetLas Vegas, NV, 89101-7012, 702-384-1616

Marvin S. GrossKing, Gross & Sutcliffe3017 West Charleston Boulevard, Suite 50Las Vegas, NV, 89102, 702-870-3555

Tax Law

Trust & Estates

Dean A. HardyHardy, Hardy & McNicholas610 South Ninth StreetLas Vegas, NV, 89101, 702-366-1366

White-Collar Criminal Defense

Workers’ Compensation Law

BEST LAWYERS 2008

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1� LEGAL MATTERS

Does this situation sound famil-iar? As a small business owner, you may encounter situations

that you think could benefit by using the legal system. However, the mere thought of hiring an attorney and go-ing through the pain of litigation may give you pause, especially when you consider the cost of hiring an attorney. Often, the amount of money at issue is far less than the expense to get re-covery and this alone may cause you to chalk it up as a loss. But, it doesn’t have to be this way. There is a way to pursue unpaid debts without spending a lot of money.

The Las Vegas Justice Court has what’s known as small claims court, that is, a court designed for less ex-pensive and swifter resolution of mon-etary legal matters. If a claim is $5,000 or less, you can utilize this system with relative effectiveness — without a law-yer and without huge legal fees. In ad-

dition, un-like district court, in-stead of a lawyer, the director, of-ficer or em-ployee of the busi-ness may represent it. While it is always pru-dent to seek legal advice

from a licensed attorney before pro-ceeding with any legal matter, claims brought to small claims court can be handled, most of the time, without an attorney.

Before you file with the small claims court, you must first make a demand upon the individual or business that owes you money. The demand should

be in writing and sent via certified mail, since this will serve as proof the demand was sent. Often, this written demand for payment may be enough to spur payment, but if it doesn’t, tak-ing the claim to small claims court may be your only recourse.

Now, you need to know if you are su-ing in the right place. Knowing where the defendant works or does business is important because that’s where the claim must be filed. For example, if the defendant resides, works or does busi-ness in the Las Vegas Township, then the claim must be filed in the Las Ve-gas Justice Court. Similar courts are set up in Henderson and North Las Ve-gas.

Next, complete an affidavit of com-plaint, a document that can be found on the Clark County Court Web site. The person suing, the plaintiff, then files the completed affidavit with the Justice Court clerk. Once the claim is filed and filing fees paid, the clerk will issue a court date that will be approxi-mately 90 days from the time the affi-davit was filed.

Now, it’s time to serve the defendant and return proof of that service to the court. The Justice Court clerk will help you choose which service meth-od should be used: registered or cer-tified mail, or personal service. If per-sonal service is required, the affidavit must be served by a disinterested third party, that is, a private process server or the Las Vegas Township constable. Service should be carried out as soon as possible, but no later than 10 days before the date the defendant is re-quired to appear in court.

Once in front of the judge, the hear-ing will be informal. Generally, each case is given 10 to 15 minutes and both sides are able to argue or state their position. Both sides should plan what

they are going to say, make it brief and provide a concise review of the issue. Don’t get bogged down with too many details or bring in unrelated points. Providing witnesses or physical evi-dence, such as documents and other paperwork, is not only permissible, it’s recommended. Then, after the judge has heard the arguments, he or she may ask questions and either issue a decision at that time or take the matter under advisement, which means the matter will be looked into further and a decision issued at another time.

If the judge rules in your favor, you will be given a judgment. The court will not collect money for you, howev-er, the judgment will aid in collection efforts. A lien may be placed on the de-fendant’s property or his or her wages may be garnished. Either the plaintiff or the defendant may appeal the judg-ment rendered by the court, however, a notice of appeal must be filed within 5 days of the judgment entry. It’s impor-tant to quickly decide if an appeal will be filed.

There are many resources to help with small claims. The Nevada Re-vised Statute 73.010-73.060 and Justice Court Rules of Civil Procedure 88-100, which can be found online, provide a detailed description of the rules and requirements for proceeding with a small claim. Additionally, Clark Coun-ty Courts have a great Web site where information and necessary forms can be found.

Filing a claim in small claims court shouldn’t cause worry and loss of sleep because with a little preparation and legwork you could actually collect on debts you thought were hopeless. With a little effort, you can make small claims court work for you and your small business.

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Small claims for small businesses

Kevin BischoffHutchison & Steffen

Ellie owned a small flower shop in Summerlin. In addition to the regular in-dividual customers who paid in cash for their flowers, Ellie had several cus-tomers who bought their flowers on open accounts. This system of credit purchases had worked quite well for Ellie and her shop. However, she had one client, Reese, who had purchased $1,500 worth of flowers for a wed-ding more than two months ago and had not yet paid. Despite her best ef-forts to collect the outstanding balance, Ellie was unable to collect the past due amount from Reese. Fearful that hiring an attorney and going to court would be more expensive than the amount due to her from Reese, Ellie de-cided to cut her losses, never do business with Reese again, and cease try-ing to collect the amount due.

In a marketplace that changes in split seconds, we have no choice but to think fast.

Our clients innovate – while thinking fast about change. And they expect their lawyers to do the same.

That’s why GT has built a law firm that’s “built for change.”

think fast

www.gtlaw.com

GT has built the 7th largest law firm* in the country — 1,700 lawyers† in 28 offices — around helping businesses navigate change.

Greenberg Traurig, LLP3773 Howard Hughes Parkway

Suite 500 NorthLas Vegas, NV 89169

702.792.3773

The hiring of a lawyer is an important decision and should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and our experience. Priorresults do not guarantee a similar outcome. Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2007 Greenberg Traurig, LLP. Attorneys at Law. All rights reserved.Contact: Mark Tratos 702.792.3773. *Based on number of lawyers, as listed in the Am Law 100 survey, 2007. †This number is subject to fluctuation. 4548

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