vegas legal magazine

Meet The TeamEDITOR IN CHIEF

PRESTON P. REZAEE

PUBLISHERTYLER MORGAN

CREATIVE DIRECTORTIMOTHY HANCOCK

CONTRIBUTORSJEN CHASE, NEDDAH GHANDI, ESQ.,

RICO DELARGO, MARIA PHELAN, MARYAM RASTKERDAR JAY DEVOY, ESQ., CHRISTINE V., SABRINA SIRACUSA

CHELSEA ABATE, POURIA PAKNEJAD, ESQ., JEFFRY COLLINS, RICK NELSON, BRIAN LAWENDA, M.D.

CONTACT US / [email protected]

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SUMMER 2015THIS ISSUE

LAW9 // THE TRUTH ABOUT SHORT SALES IN 201513 // HAZARDS OF DATING WHILE LAWYERING15 // NEGATIVE ONLINE REVIEWS: THINK BEFORE YOU SUE.19 // ALTERNATIVES TO LAWYERING 23 // THE WOLF OF LAS VEGAS. DISTRICT ATTORNEY STEVE WOLFSON: ONE VISION FOR RESTORATIVE JUSTICE24 // ECONOMIC DAMAGES IN NEVADA

BUSINESS28 // MEDICAL MARIJUANA IN SIN CITY: IT AIN’T ABOUT FUN, IT’S ABOUT BUSINESS30 // DOWNTOWN SUMMERLIN: DOES IT LIVE UP TO ALL THE HOOPLA IT CREATED?33 // FIGHT FOR THE NEW LAS VEGAS ARENA34 // THE DOWNTOWN PROJECT STORY36 // THE PERCH: A RESTAURANT WITH A VIEW

LIFESTYLE40 // WOMEN’S MUST HAVES FOR SUMMER41 // MEN’S ACCESSORIES: LOOK THE PART43 // MEET THE INCUMBENT 45 // TEN HEALTHY HABITS TO ADOPT46 // GLUTTONOUS PIGS REJOICE: RESTAURANTS READY TO BE EATEN WHOLE48 // FIRST FRIDAY – DOWNTOWN LAS VEGAS50 // LAND ROVER WHEELS EVENT 53 // SEVEN STEPS TO A CANCER-FREE DIET56 // A PARTNER FOR PROBATE

Vegas Legal Magazine Summer 2015 | Pg. 3

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LETTER FROM THE EDITORPreston P. Rezaee, Esq.

Vegas Legal magazine started as a vision I had more than 5 years ago….a publication that navigates our judicial system; lends insight into the elected officers of the court who are entrusted with the fate of litigants; discusses (in plain En-glish) current legal issues that concern the public; and sheds light on Supreme Court decisions that impact the execution of justice. Each publication will feature a variety of steady and rotating columns to help us do just that. Columns like Meet the Incumbent will introduce one of Las Vegas’ elected judicial officers through a lighthearted Q&A session about themselves and their experiences before and after becoming a judge. And Under Review (coming in the next issue) will evaluate one or more critical decisions rendered by the Ne-vada Supreme Court.

Law and business go hand in hand. That’s why Vegas Legal has a section dedicated to covering some of the economic developments in our ever-growing city. And just before read-ers doze off after absorbing the law and business sections, Vegas Legal will finish strong with a lifestyle section covering what’s popular on Las Vegas’ art, fashion, food, and enter-tainment fronts.

I also want to state a few unsolicited expressions of grati-tude about the people who made this publication possible. My friend and business partner, Tyler Morgan. Without his help, Vegas Legal magazine would still be nothing more than a vision. To our Creative Director, Tim Hancock, whose tal-ent and eye for glitz and glamor made what could’ve been a lackluster legal publication into a readable work of art. To

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PURE INDULGENCE AND REFINEMENT.LAND ROVER:

our sponsors and advertisers. Thank you for taking a chance on a new publication. I hope your expression of confidence is rewarded. And last but not least, to District Attorney Steve Wolfson. It is truly an honor to have a man of his caliber grace the cover of our inaugural issue.

If you have read this far, I am truly grateful. Thank you. I hope you enjoy reading enough to return early and often. Until next time, Cheers!

–Preston P. Rezaee, Esq.


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LETTER FROM THE PUBLISHER Tyler Morgan, Esq.

In life we never know the cards we are dealt. We are given opportunities throughout our lives and it is up to each of us to realize and execute on those opportunities. Personally, I consider success to be one’s ability to real-ize and take advantage of such opportunities. However, success is dependent on one key factor, the individu-als we choose to surround ourselves with. Vegas Legal Magazine started as an opportunity and if not for the special individuals who came together in creating this magazine, Vegas Legal Magazine would still be just an opportunity waiting to be realized. But, aside from the team here at Vegas Legal Magazine, many thanks go out to the sponsors and contributors involved. Las Vegas is a city full of wonderful and talented people and this magazine is evidence of them. In closing, please enjoy this inaugural issue and I look forward to providing you with more great issues in the future.

–Tyler Morgan, Esq.



THE TRUTH ABOUT SHORT SALES IN 2015

– By Nedda Ghandi, Esq.

Many Las Vegas homeowners find themselves in the undesirable position of having difficulty keeping up with their mortgage pay-ments and owing more on their mortgage than the home is worth. One option available to homeowners who have negative equity in their homes is to pursue a short sale. In a short sale, the homeowner sells his or her house for less than the outstanding mortgage owed on the property, and the lender agrees to accept payment of the proceeds in lieu of the mortgage it holds on the property. Although the homeowner does not re-ceive any money from the sale, he or she is able to walk away from

the house and the monthly mortgage payments. This may sound like an excellent solution to an upside-down homeowner, but seller beware: a short sale may be followed by an unpleasant surprise, months or even years later.

Taxation of Debt Canceled in a Short Sale

When the bank approves a short sale, it is effectively canceling the debt owed by the homeowner in the amount of the deficiency. It has been a long-standing requirement that such canceled debts must be reported to the IRS and are taxed at the same rates as or-

dinary income. So while the homeowner might initially be pleased to have a lender forgive $100,000 in mortgage debt by agreeing to a short sale, the homeowner will likely be unpleasantly surprised to later discover that he or she must pay taxes on that $100,000 at regular income tax rates.

Congressional Relief for Canceled Debt on Primary Residence

Congress addressed this issue by passing the Mortgage Debt Relief Act of 2007. The act allowed homeowners to exclude as much as $2 million in canceled debt from taxation as ordinary income as long as the security for the debt was the homeowner’s principal residence, and the debt was incurred to buy, build, or substantially improve the principal residence. Such debt is referred to as QPRI, or qualified principal residence indebtedness. Thus, the exclusion did not apply if the debt had been incurred in a cash-out refinanc-ing, for example, but would apply to debt from a purchase-money loan that is canceled in a short sale.

Expiration of the Debt Cancellation Exclusion

This relief for homeowners initially expired at the end of 2013, and homeowners who completed short sales during 2014 were left waiting until the last moment to find out whether they would be facing a large tax bill on their forgiven mortgage debt. Finally, just before the Congressional holiday break at the end of 2014, the relief was retroactively extended for homeowners who completed short sales during 2014.

As it stands, short sales completed by December 31, 2014, are eligi-ble for the exclusion of the canceled debt; but debt forgiven in short sales completed on January 1, 2015, and after is once again sub-ject to taxation at the regular income tax rate. While there are bills pending before Congress that would further extend the exclusion, including S.608, co-sponsored by Senator Dean Heller (R-NV), homeowners contemplating a short sale in 2015 have no certainty that the relief will be extended once again.

THE TRUTH ABOUT SHORT SALES IN 2015

Las Vegas Short Sales

With the expiration of the principal residence exclusions for can-celed debt, it might be expected that short sale rates will decrease. According to statistics released by the Greater Las Vegas Associa-tion of Realtors, 8.3 percent of all local home sales in March 2015 were short sales, down from 12.9 percent in March 2014. While it is possible that Congress might extend the relief that may be effective retroactively to December 31, 2014, there is no guarantee. Under-water Las Vegas homeowners will have to make their decisions in light of the possibility that any mortgage debt forgiven in 2015 will still be taxable.

Filing Bankruptcy Before Selling

As the mortgage debt canceled by a short sale is once again subject to taxation as regular income, underwater homeowners who have been pursuing a short sale may want to consider alternatives. Can-celed debt is not considered income if the debt was discharged in a bankruptcy. If the homeowner elects to file for Chapter 7 bank-ruptcy, a trustee takes control of the debtor’s property and could work with the lending institution to negotiate a short sale. What-ever debt is canceled as a result cannot be pursued as a deficiency judgment against the homeowner, and does not have to be report-ed as income to the IRS.

Food For ThoughtUpside-down homeowners who would be content to walk away from their property through the short-sale process must still con-sider whether they would remain liable for payment of the defi-ciency or of income taxes on the canceled debt. While Nevada law may provide for relief from a deficiency judgment, the expiration of the federal canceled debt exclusion means that the homeowner may want to consider alternatives, such as filing for bankruptcy.

–Nedda Ghandi, Esq., is a partner at Ghandi Deeter Law Offices, where she focuses on bankruptcy and family law. She is admitted to the United States Tax Court and often deals with client dilemmas similar to those contained in this article.


THE HAZARDS OF DATING WHILE LAWYERING: Three Reasons Relationships Are Different For Attorneys- Christine V.

Ask any lawyer to share the worst parts of his or her job, and you’ll likely hear a bevy of tales about unpaid work, unreasonable clients, and deranged opposing counsel. What lawyers are often more hesitant to share, though, are the true horror stories: the dates that went south as soon as the word lawyer was mentioned, and the long-term relationships ruined by evil judges and endless work. Dating is simply different when you’re a lawyer, and accepting – even embracing – this fact can help you ace your next date.

No One Understands the Legal System

Few non-lawyers understand how the legal system works. The problem, of course, is that they all think they’re experts. From spinning hare-brained schemes to win your next case to endlessly failing to understand the concept of legal precedent, non-lawyers can be endlessly frustrating to talk to about work. And that’s before they start asking for free legal advice or referring their friends and family to you for “just one” letter or question or lawsuit.

It’s helpful to spend a little time educating your dates about your job if you think the relationship might go somewhere serious. The legal system, in truth, is not that complicated. It’s just that people need the basic framework in order to understand how you spend your day. If a date seems interested, offer to give him or her a quick tutorial. And if your dates start offering your legal advice, smile, nod, and change the subject.

Lawyers Don’t Work Like Other Professionals

In the legal system, deadlines are non-negotiable. Most lawyers don’t work traditional schedules; instead, they work till the work is done. This might mean weeks of a light workload followed by a series of all-nighters. For a non-lawyer, this unpredictable schedule can be tough to understand.

Let’s be real, though: this problem is at least partially lawyers’ own making. Attorneys are notoriously disorganized, and a more orga-

nized schedule can help you avoid the misery of a last-minute brief, not to mention the argument it frequently triggers. It’s not always possible to control your schedule, though, so help your dates un-derstand how your schedule works by only committing to plans when you know you can make it.

Arguments Can Spiral Out of Control

Every lawyer learns the virtues of the Socratic method in law school, and peppering a witness with increasingly aggressive questions is often the only way to get the information you need. Real-life ro-mantic partners, however, tend not to like being cross-examined. Lawyers tend to fall into cross-examination mode without even realizing it. This can make requests for more information seem ag-gressive, and make fights nearly impossible to resolve.

They key is to keep your inner lawyer in check. You might be an authority in the courtroom, but in the world of relationships, a bal-ance of power will maintain harmony. Only ask a question when you are genuinely interested in its answer, and never use question-ing as a weapon. Instead, allow your dates to gradually share more and more of themselves at their own pace.


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The rise of online review sites like Yelp! and Avvo have made it easy for happy customers to recommend a business, but they have also created a forum for the dissatisfied, or even complete strang-ers, to savage a business’ reputation. Reputational damage is very real, but can be difficult to prove, and Nevada law recognizes this by removing the punitive damages cap on defamation claims. But, when online reviews transcend criticism into outright falsehoods, any rational person may feel compelled to act. This is, however, a perilous path.

Business owners sensitive to consumer reviews have several op-tions when confronted with false statements online. Unfortunately, there are few good ones. A disproportionate legal response to valid criticism can ensure the complaint is widely distributed–a phe-nomenon known as the Streisand Effect. Because of the increasing sophistication of courts and the law in grappling with these issues, it is most important to start knowing what not to do.

#1: Make Sure The Statement Is FalseMany online criticisms are exactly that: Criticisms. They do not rise to the level of being false and harmful. In Nevada, defamation requires that a statement 1) be made to a third party, 2) with fault arising to at least negligence, 3) be false and made without privi-lege, 4) be harmful, and 5) cause damage. These elements apply to

both slander (spoken defamation) and libel (written defamation).Saying a restaurant’s food is “disgusting” or “gross” is a matter of subjective opinion and not a false statement of fact. Questions of mixed opinion and fact, though, are more difficult. For example, is calling a doctor whose patient died a “murderer” considered ac-tionable defamation? Unfortunately, the answer is that it depends.This question becomes even harder for businesses and business owners. Since the 1960s, public figures have had to prove “actual malice” to prevail on a claim for defamation, requiring a plaintiff to prove that the false statements were made either 1) with knowledge that they were false, or 2) with reckless disregard for their truth. Business owners and professionals may be “limited purpose” pub-lic figures also subject to this standard. A doctor likely would have to satisfy the actual malice test for statements made about him in his capacity as a doctor (as opposed to statements made about him as a neighbor).

#2: Do Not Sue The WebsiteIt’s tempting to target a website when redressing a false review. Af-ter all, the site hosts the review and has the ability to take it down anytime it likes (right?). Review sites, however, are familiar with legal threats and quickly dispatch them. Federal law grants broad immunity to websites that provide us-er-submitted content. While this law has allowed popular services like Facebook to thrive, it has also created a shield for services to


NEGATIVE ONLINE REVIEWS: THINK BEFORE YOU SUE

profit from others’ false statements, as well. While this broad grant of immunity is frustrating, attacks upon it generally end in failure. In order to actually fix the problem of a false review, though, one’s efforts are better spent elsewhere.

#3: Suing the Individual PosterWith the website out of the way, there is the question of suing the individual who wrote the false statements. For suing an individual whose identity is known, one can proceed as they would in a nor-mal lawsuit. Where the defendant’s identity is not known, though, he or she must be sued as John or Jane Doe.

Suing a Doe has become a common phenomenon in Nevada’s courts. To do so, name the Doe as a defendant and move the court for leave to take early discovery. This will require explaining to the court why John or Jane Doe’s identity cannot be ascertained with-out early discovery, describing the investigation thus far conducted, and identifying the proposed discovery to be used to ascertain his or her identity (such as subpoenas to the website hosting the false statements, or another service provider with information about the author). Using these early discovery tools, the Doe’s identity may be revealed, and an amended complaint filed with complete cap-tion.

#4: If You Sue, Prepare for WarLawsuits are expensive, can lead to significant intrusion into busi-ness and personal time, and are full of uncertainty. Since late 2013, filing a lawsuit based on expressive conduct in Nevada requires a new dimension of planning. Like other states including California, Washington, and Oregon, Nevada has adopted robust laws protect-ing defendants from lawsuits based on their lawful public speech, unaffectionately dubbed “SLAPP” suits, an acronym for Strategic Litigation Against Public Participation. Laws designed to thwart these actions are called “anti-SLAPP” statutes.

Not every defamation lawsuit is a SLAPP suit, but many actions based on false online reviews may fall under the purview of an anti-SLAPP statute. An anti-SLAPP motion halts all discovery in the case and must be heard within seven judicial days after being served on the plaintiff. Nevada requires anti-SLAPP motions to be evaluated on a basis similar to motions for summary judgment, potentially forcing the claimant to produce evidence supporting its claims before any discovery occurs. Even if a plaintiff defeats the motion, the defendant is still entitled to an immediate appeal of its denial, during which all discovery remains stayed.

If a defendant succeeds in bringing an anti-SLAPP motion, there are significant consequences. The court must award the successful

movant his or her reasonable costs and attorneys’ fees, and poten-tially up to an additional $10,000. A successful movant also ac-quires a new cause of action against the defeated plaintiff, entitling the defendant to punitive damages and an award of attorneys’ fees and costs in the new lawsuit. In close cases where there is a ques-tion of whether a review is based on fact or opinion, the potential costs may outweigh the benefits of litigation.

However, Nevada’s anti-SLAPP law may be changing. At the time of this article, proposed legislation before the Nevada Legislature would change the scope, timing, and consequences for filing an an-ti-SLAPP motion. If this legislation passes, the proposed changes to Nevada’s anti-SLAPP law would not take effect until on or after Oct. 1, 2015.

#5: Consider Other AlternativesAs the legal landscape evolves to disfavor defamation lawsuits based on consumer reviews, other alternatives should be consid-ered before resorting to litigation. When a customer truthfully speaks his or her mind, it is best to try to learn as much as possible from the experience. Even reach out to the customer…not to pur-sue litigation, but to try to make things right and have him or her update their statements afterward.

Some services, such as Yelp! allow businesses to highlight positive reviews if they register with the website. Many websites will allow business owners to post rebuttals. However, licensed professionals bound by confidentiality should avoid this approach.

Search engine optimization companies can be used to increase the likelihood of good news about a business being highlighted in the results of an Internet search, rather than criticism. A more robust website can also increase the likelihood of Internet searchers find-ing a business, rather than its detractors. Traditional public rela-tions strategies also play a role, as favorable coverage in a publica-tion like the Las Vegas Review-Journal will carry more weight than anonymous criticism.

The right answer ultimately depends on the business and its unique circumstances. As with any other dispute, a rush to litigation is not advised. Using other methods may yield better results in fixing the problem of negative reviews, without memorializing them on the public record.

–J. Malcolm (“Jay”) DeVoy is the owner of DeVoy Law P.C. and serves as counsel to The Firm P.C. DeVoy focuses on representing individuals and businesses in their commercial disputes, and ad-vising them about the changing rules of federal agencies such as the FDA and FTC.

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FIVE WAYS TO USE YOUR LAW DEGREE Without Practicing Law

The statistics on recent law graduates are dismal, if not horri-fying: Some law schools’ post-graduation employment rates are well below 25 percent, and many of those students are employed part-time or in positions far outside their degree. Lawyers remain among the most depressed professionals, and are more likely to kill themselves than members of almost any other profession. It’s no wonder that so many lawyers want out. A JD doesn’t have to com-mit you to a life of brief-writing and contract negotiations, though. Here are five alternative ways to use your law degree.

Nonprofit and Law Firm Administration If you like corporate life and working with lawyers but can’t stom-ach the drama of litigation and the endless paperwork, law firm administration could be a solid path. Large firms hire managers to oversee operations, and a law degree is often strongly preferred. If you’d prefer to steer clear from the world of lawyering, consider nonprofit administration at a hospital, charity or community ser-vices organization instead.

Writing—Legal and Otherwise Life as a writer has never been particularly lucrative, but a law de-gree can be a game changer. Online legal education providers fre-quently contract with attorneys to offer legal information to the lay public. Attorneys are also in demand as business advisors for mag-azines and websites. Some lucky attorneys can even make a hand-some living ghostwriting briefs for attorneys who are too stressed, busy (or lazy) to do it themselves. ConsultingConsultants are the next big thing in the business world, with busi-nesses from law firms to international corporations seeking help

with honing their focus, trimming the fat and staying within the bounds of the law. Lawyer consultants can develop winning busi-ness strategies. If you’ve run your own successful practice, you may also be able to pick up business from new lawyers who want help building a firm or starting a solo practice.

Mental Health FieldsIf you can stomach getting another degree, consider a career in mental health. Lawyers are seeking therapy in record numbers, but most therapists are unfamiliar with both the legal system and the demands of a lawyer’s life. Attorneys can make an excellent living by exclusively counseling other lawyers. Some attorney-therapists pick up extra cash offering life-coaching and similar services.

MediationLife as a mediator allows you to stay connected to the legal world by minimizing, rather than creating, conflict. Federal and local courts frequently rely on mediators, and private mediation services can be lucrative businesses. You’ll use your law knowledge to remind parties of a case’s weaknesses while strongly encouraging them to save money by settling their suit.

A law degree may not be what it used to be, but neither is the milieu in which lawyers exist. While law firm jobs dry up and clerkships grow increasingly competitive, the world of business continues to beckon, and more and more lawyers are finding profitable ways to opt out.

-Christine V.

DISTRICT ATTORNEY

STEVE WOLFSONOne Vision For Restorative JusticeAfter taking the reins of the Clark County District Attorney’s office back in January 2012, District Attorney Steve Wolfson feels confident about taking a stance and making real changes in Las Vegas…no easy task for anyone responsible for an office with 700 employees and 170 attorneys.

The Clark County Board of Commissioners appointed Wolfson on Jan. 24, 2012. He was chosen to serve out the 3 remaining years on a 4-year term vacated by the former District Attorney David Roger, who retired Jan. 3, 2012. Wolfson came to the county from the city of Las Vegas where he served almost two full terms as a city councilman.

Wolfson was among seven candidates vying for the position of dis-trict attorney. A screening committee appointed by County Man-ager Don Burnette reviewed the applications and interviewed the candidates before narrowing the field to three finalists. As a city councilman, Wolfson served on several committees in the city of Las Vegas including the Las Vegas Audit Oversight Commit-tee, Corridor of Hope Task Force, Local Law Enforcement Adviso-ry Committee and several others.

His public sector work includes a past stint in the County District Attorney’s Office as well as the United States Attorney’s Office. He has also been active with the State Bar of Nevada by serving on the Board of Governors, the Judicial Ethics and Campaign Elec-tion Practices Committees, and other bar-related committees. Ad-ditionally, Wolfson was chairman of the State Bar of Nevada Ethics 2000 Committee, a blue ribbon committee established by the Ne-vada Supreme Court to review and bring up-to-date all Supreme Court rules involving attorney conduct.

Wolfson was born in Los Angeles, Calif. He received a bachelor’s degree in criminal justice from San Diego State University and a Juris Doctorate from California Western School of Law.

Prevention v. ProsecutionSo how will Wolfson tackle the issues facing Las Vegas? He plans to take on projects that will help the DA’s office not only deal with the end result of criminal activity, but help deter it from happening in the first place. Safety on our streets is a priority for the DA. Wolfson is interested in dealing with the serious issues affecting Las Vegas such as guns in the hands of criminals and the city’s high DUI rate. His theory aligns with the adage that an ounce of preven-tion is worth a pound of cure by reaching out to the community, educating constituents about the resources available, and helping promote safety through prevention and of course, prosecution.

Safety FirstWolfson’s number one goal is street safety for both local Las Vegans and the tourists who visit. To forward his effort, Wolfson is part of a coalition of prosecutors from across the country called Prosecutors Against Gun Violence, where he and DAs from Los Angeles, Den-ver, Seattle, New York, Atlanta, Miami Dade and Chicago focus on reducing gun violence and reviewing best practices for doing so. “If you ask people the number one things on their minds, it’s family and jobs and health and everything; but it’s being safe when they walk from their car to their home, or from their car to their office,” says Wolfson. “They want to feel safe and we have so much gun vi-olence in this society that I want to try and make a difference here in Las Vegas. So that is one of my projects.’’

While gun control has become a hot issue due to recent shootings throughout the country, Wolfson believes in the second amend-


ment…but people should have guns for self-protection and guns should not be in the hands of criminals. Wolfson is particularly concerned about criminals with automatic weapons and persons who have been convicted of domestic abuse.

The legal community is well aware of the fact that individuals con-victed of domestic violence are not allowed to own or possess a firearm; however, the issue for the Las Vegas legal world seems to be dispossessing people who have been convicted of domestic abuse. Wolfson has discussed the possibility of having it be part of a plea agreement. “If we can remove some of those guns from the offenders who are most likely to use them in a situation where ho-micide will occur, I think we are going to cut down on homicide.”

Driving While Under the Influence in Las VegasAnother issue Wolfson is committed to tackling is the excess num-ber of drivers under the influence of alcohol or prescription and illegal drugs. It is estimated between 2008 and 2012, 363 lives were lost and 816 were seriously injured in crashes cased by impaired drivers.

Currently, the City of Las Vegas does offer DUI educational classes in English and Spanish. The classes teach offenders to be account-able for their actions, help them understand Nevada DUI laws, and share information and statistics about the effects of substances on a person’s ability to operate a motor vehicle.

Wolfson plans to step up the pressure and increase the attention on impaired drivers. It’s a work in progress for a city that is open all the time and caters to drinking and other vices, which can impair both drivers and even pedestrians who cross the street.

Hope for PrisonersWolfson is involved with the Hope for Prisoners program helping former prisoners re-enter society from a municipal jail, a county jail or state or federal prison. As indicated on its website, Hope for Prisoners works to empower returning ex-offenders and their fam-ilies to create a successful future built on strategic leadership and character development. It assists those fighting for second chances, who strive to serve, build and strengthen the community.

“I am sure you can imagine for so many people getting out of pris-on—they have been in prison for a couple years, 3 years, 5 years, 10 years and they are coming back into the community—and they re-ally don’t have resources to help them or people to support them,” says Wolfson of the organization.

Wolfson and others have attended the graduation ceremonies Hope For Prisoners holds for people who have successfully passed through the program. Wolfson has spoken to graduates and en-couraged them to do the right thing. “We want you to succeed,” he says. “Ok: You did something bad, you made a mistake you paid your price to society. Now, let’s be successful out there.” Believing in proactivity and not reactivity after a person has com-mitted a crime, Wolfson recently joined Hope For Prisoners’ board of directors to become more involved in the organization’s policy.

The DA’s Community Outreach and Office Services Wolfson believes in community outreach and the DA’s office is in the community more than ever. His assistant district attorneys actively speak with students, and there are plans to begin regular town hall meetings next year. The reason for the push is simple: Wolfson believes that in many Las Vegas communities, some resi-dents are void of information on issues they may not even know are important to them, like record sealing.

“It’s something that we lawyers don’t think about too much unless a client comes in,” says Wolfson, “but there are a lot of people out there that have had a scuffle with the law [and] often times they are minor brushes but they are still on the records. So they go for that job interview and something from 15 years ago…when they were stupid young, comes up on their rap sheet.”Wolfson says there is a very simple record sealing process that a lot of people don’t know about. He plans to devote a few town hall meetings to the topic.


One Vision For Restorative JusticeCOVER STORY

Photo: The Review Journal

The Divisions in the Clark County DA Office“Here is something interesting,” says Wolfson. “A lot of people don’t realize that the district attorney’s office has four divisions: criminal, juvenile, civil and family support.” Here is a little about each of them.

Criminal DivisionWhile the DA believes in reform and second chances, if a crime is committed while visiting or living in Las Vegas its perpetrator will be held accountable. Here is a summarized outline of the many things the DA criminal division does on a daily basis:

The Criminal Division of the Clark County District Attorney’s Office has the responsibility to prosecute over 55,000 felony and misdemeanor cases each year. It holds criminals accountable and ensures the rights of victims are honored and respected throughout the process. The Criminal Division is organized into general litiga-tion teams and specialty litigation teams.

The specialty litigation teams in the Criminal Division include:• Support Services Unit• Major Violators Unit• Financial Integrity Unit• Special Victims Unit• Criminal Appeals Unit

Whether the prosecutors are on general or specialty litigation teams, their focus is always the same: ensuring the safety of the Las Vegas community. The Assistant District Attorney for the Criminal Division is Christopher J. Lalli.

Juvenile Division The Juvenile Division of the Office of the District Attorney strives to instill respect for the community and compassion for victims. It also strives to reduce juvenile crime and the incidence of child abuse and neglect by promoting family responsibility and individ-ual development by vigorously prosecuting repeat offenders and those who victimize children.

The juvenile division also offers assistance to juvenile victims of crime. The Victim-Witness Assistance Office of the Juvenile Divi-sion has been in operation since 1996. This office can provide in-formation and assistance to Victims/Witnesses of Juvenile Crime in Clark County, Nevada. They handle notification upon filing of a Petition and status of a case to the juvenile, accompaniment to court hearings and transportation to and from court, if necessary. It basically serves a liaison between victim and prosecutor. Chris-topher J. Lalli supervises the activities of this unit, which is located in the Family Court building.

The Civil DivisionThe DA’s civil division provides the defense of all civil suits brought against the county and against former officers and employees in

civil actions. Here are some other things it does:• Prosecutes for the recovery of debts owed to the county• Prosecutes nuisance issues• Prosecutes civil actions• Attends administrative hearingsMary-Anne Miller, County Counsel, supervises the Civil Division.

Child Support in Las VegasWolfson praises the family support division and how it has done great things in the last few years, crediting the people who work there. It is primarily responsible for the collection of unpaid child support. In 2012 that division collected a $125 million.“I am very proud of a division that gets almost no attention and no accolades but that does great work,” says Wolfson. For example, 5 years ago the child support unit was 54th, last year it rose to 33rd. In 2013 the division won two national awards. The Assistant District Attorney for the Family Support Division is Teresa Lowry.

Bad Check UnitA cross between the civil and criminal division is the bad check division. About this unit, Wolfson says: “Bad checks cost the cit-izens and businesses of Clark County millions of dollars in losses every year. The public suffers major financial harm when goods or services are ‘stolen’ through the use of fraudulent checks.”

The information on the Clark County DA website describes the division as having been established to “assist citizens and business-es in obtaining restitution for bad checks and to prosecute those offenders who habitually pass these checks. Our primary goal is to obtain full restitution for the victims through a DA-supervised diversion program in which bad check writers are provided the op-tion of making full restitution and paying the administrative fees in lieu of prosecution. This opportunity is extended to individuals with no serious criminal background. As required by Nevada law, the program also includes an educational component designed to teach responsible check writing and budgeting, as well as the legal consequences of repeated criminal conduct.

This service is available free to the general public. Issuers of bad checks, not you, will pay any administrative costs, as provided by Nevada law.

What the Future Holds for the Las Vegas District Attorney’s OfficeAs Las Vegas continues to grow, the Clark County DA’s office will face new and interesting challenges. With growth and a fluctuating economy, crime can increase and show up in unexpected places. A key to crime prevention and safety on the streets is deterrence and developing a strong relationship with the community. From Hope for Prisoners, being part of a prosecutor’s coalition and to reaching out and educating the community, DA’s Wolfson’s involvement and dedication in accomplishing these goals seems to be on track.

– Sabrina Siracusa

THE WOLF OF LAS VEGAS


Since Banks v. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, 102 P.3d 52 (2004), my testimony on the loss of enjoyment of life in personal injury has been accepted by Nevada courts many dozens of times. Perhaps the most notable instances of the impact of this testimo-ny were in the Endoscopy cases where I testified to compensatory and punitive losses resulting in verdicts that ranged into the several hundred million dollars. Awards for the loss of enjoyment of life in Nevada, as in most states, are independent of pain, suffering and mental anguish. Over the past decades, courts around the nation have recognized that the peer-reviewed value-of-life literature in economics has de-veloped to the point where it can provide useful guidance to jurors in assisting them in the valuation process for Loss of Enjoyment of life. Hence I have testified on the loss of enjoyment of life damages in personal injury and wrongful death cases not only in Nevada, but also in most other states and most Federal Circuits as well. See Stan V. Smith “Hedonic Damages in the Courtroom Setting - A Bridge Over Troubled Waters,” Journal of Forensic Economics, Vol. 3, No. 3, 1990, pp. 41-49 and Smith, Stan V., “Hedonic Damages in Personal Injury and Wrongful Death Litigation,” in Gaughan, Patrick A., and Robert J. Thornton (Eds.), Litigation Economics, Greenwich: JAI Press, 1993. Economic testimony based on peer-reviewed economic literature can now also be provided to value other losses in Personal Injury and Wrongful Death cases, and also losses in Credit Damage cases.

In Personal Injury and Wrongful death cases, losses to close family members: (a) The loss of Society and Relationship(b) The loss of Advice Counsel, Guidance Training and Instruction (c) The loss of Accompaniment

In Credit Damage cases:

(a) The loss of Credit Expectancy (b) The loss of Enjoyment of Life in Credit Damage Cases. The evidentiary approach to measuring the loss of Enjoyment of Life, often called Hedonic Damages in economic literature, is ar-rived at by subtracting human capital values from whole life values. The whole life values are obtained using the value-of-life results based on the willingness-to-pay approach. This approach mea-sures the costs of investing in safety equipment and safer consumer behavior, as well as inducements provided to workers who under-take risk in the workplace. The literature on the willingness-to-pay and the willingness to accept payment is extensive and one of the most settled areas of economic research showing that the value of a statistical life is, conservatively estimated, in the $4.5 to 7.0 million dollar range. This same approach based on the value of a statistical life can be used to value the loss of Society and Relationship to close family members in fatal and non-fatal personal injury. If a person plac-es a smoke detector in his own bedroom, he is expressing a low-er-bound to the value of his life in an amount equal to the cost of the detector (purchase price, installation, batteries, etc.) divided by the reduction in the risk of death. If, for example, the detector costs $25 dollars and reduces the risk of death by 1 chance in 200,000, then the value of life expressed is $5.0 million.

Now, suppose that a detector is placed in the bedroom of a close family member such as a child by a parent who seeks to preserve the society and relationship with that child? What value of life is expressed? The same statistically average value, $5.0 million. But this value can be used to value the relationship to the family of the child’s life. This conclusion has been arrived at by Ted. R. Mill-er “Willingness to Pay Comes of Age: Will the System Survive?” Northwestern Law Review, Vol 83, 1989, pp. 876-907: “When ... individual’s survivors may recover for their own loss of enjoyment,

ECONOMICDAMAGES IN NEVADA

The Loss Of Society & Companionship & Other Economic Damages -Stan V. Smith, Ph.D.



The Loss Of Society & Companionship & Other Economic Damages

whole life costs can again be used to estimate the appropriate level of compensation.” Also Lauraine G., and Daniel M. Violette in “The Relevance of Willingness-To-Pay Estimates of the Value of a Statistical Life in Determining Wrongful Death Awards,” Jour-nal of forensic Economics, Vol. 3, No. 3, 1991, pp. 75-89 come to a similar conclusion: “We conclude that the WTP estimates are potentially useful when the definition of compensation involves putting a dollar figure on non-financial losses to the deceased or to survivors. I have summarized this approach in “The value of Life to Close Family Members: Calculating the Loss of Society and Companionship,” American Rehabilitation Economics Association 1997 Monograph.

As an example of the loss of Society and Companionship due to the death of 12 year old girl, survived by her parents, the losses are calculated through the life expectancy of the parents, losses can easily range to from $1,000,000 to $2,000,000 per parent depend-ing on the life expectancies and the parents’ testimony as to the impact of the loss on their ability to derive value and satisfaction from their quality of life.

Peer-reviewed economic literature can also be used to measure an expanded view of the loss of Household and Family management Services when a family member is injured or killed, services be-yond the traditional physical chores such as scrubbing floors and cooking. For a discussion of the expanded view of Household Ser-vices, see Smith David A., Smith, Stan V., and Uhl, Stephanie R., “Estimating the Value of Family Household Management Services,” Forensic Rehabilitation and Economics, 2010. Family members provide valuable Advice Counsel, Guidance Training and Instruc-tion to one another, on a weekly basis, for years. Advice can con-sist of financial advice, medical advice, relationship advice, career advice, etc. I calculate such losses provided by family members who are age 25 and older. When young children are injured, fam-ily members frequently testify that they would have been provided such services when they child reached age 25. Again, based on peer-reviewed literature, these values can range well into the six figures for each family member.

I also calculate the loss of Accompaniment or the value of time spent. This is independent of the love and affection that is inherent in Society and Relationship. The value of time spent, even with a stranger devoid of any significant affection, is clearly illustrated in what my high school teacher told me was the first great book in English literature: Robinson Crusoe. And convicts express a desire to spend time in a small jail cell with other strangers rather than be alone. In fact solitary confinement is a punishment, one that elder-ly people eloquently tell me about after they have lost a spouse. The total hours of time that family members, especially spouses, spend

with one another adds up over the years; and hence such losses, independent of Society and Relationship, can range well into the mid-six figures.

Credit Damage can arise for many reasons including failure to mod-ify a mortgage, credit error, etc. The consequences of such damage are far reaching. It can include job loss, loss of home, inability to borrow, etc. Courts are increasingly recognizing that victims also sustain a significant loss of enjoyment of life. Such damages can be calculated independent of an organic or physical injury. Indeed in Wrongful Discharge, Defamation, and Credit Damage, Loss of Enjoyment of Life Damages are routinely calculated. I have also calculated these in instances involving sexual harassment, child porn, sexual predation, and other instances where victims are not physically injured. Again, such losses are independent of physical pain, suffering and mental anguish.

Finally in Credit Damage cases, the reduction in the creditworthi-ness itself is a measurable damage: the loss of Credit Expectancy. See Smith, David A., Smith, Stan V., and Uhl, Stephanie R., “Credit Damage: Causes, Consequences and Valuation,” in Forensic Reha-bilitation and Economics, 2011. The loss of Credit Expectancy is value similar to the loss of other options in life. The inability to obtain a car loan, or even to use a credit card online to buy mer-chandise, or a plane ticket to visit a sick relative is a significant and measurable loss. Chicago, my hometown, is the world’s center for trading in options. The loss of life options including credit options can range into the six figures. The losses can last years as credit-worthiness is not easily restored.

The late Nobel Laureate Gary Becker, and other economists at the University of Chicago, pioneered the use of economic concepts well beyond the original traditional areas of economics. Econo-mists can now use expanded research into the Enjoyment of Life, Society and Relationship, Advice and Counsel, Accompaniment, and Credit Expectancy to provide information to jurors as to how to value such losses. Jurors can greatly benefit from this to provide more rational and enlightened verdicts.-Stan V. Smith, Ph.D.1165 N. Clark Street, Suite 600Chicago, IL 60610

Phone: 312-943-1551 | Fax: 312-943-1016Email: [email protected]

BUSINESS CITYREPORT

BUSINESS CITYREPORT

MARIJUANA IN NEVADA • PG.28

SUMMERLIN’S NEW HOT SPOT • PG.30

THE LAS VEGAS ARENA • PG.33

DOWNTOWN PROJECT STORY • PG.34


“The inherent benefit of this is getting more people to purchase marijuana here locally to help drive up revenues for the city and state.”

Last November marked the beginning of Nevada’s medical mari-juana craze when state and local officials awarded licenses for dis-pensaries, cultivation and production facilities. Although few li-censes were granted throughout the state, the majority were issued to businesses planning to operate in Las Vegas.

What does this mean for the future of the city? If we look at some of the other states with existing medical and recreational laws in place, Las Vegas could potentially look forward to exorbitant tax revenues, increased employment and tourism spikes. Unfortunate-ly, there is still a cloud over the industry’s future as the federal gov-ernment still prohibits marijuana use. But that could change.

Marijuana Legalization: Federal & State PositionsAlthough marijuana is still prohibited under federal law, states are realizing the economic benefits of its legalization and are rapid-ly changing their local laws contrary to federal opinion. Today, 23 states and the District of Columbia have medical marijuana programs allowing individuals to purchase marijuana with a doc-tor’s recommendation. In 2016, as many as 10 states will consider following in the footsteps of Colorado, Washington, Oregon and Alaska in seeking full legalization. They include: Arizona, Califor-nia, Delaware, Hawaii, Maine, Maryland, Massachusetts, Montana, Nevada, New York, Rhode Island and Vermont.

One would think that if more states adopt legislation allowing rec-reational use of marijuana that the federal government would have no choice but to adjust its stance. While that is likely the case, how and when that might happen are looming questions. The federal government is remaining uninvolved with state medicalization and legalization. Many proponents of marijuana use are hopeful of full federal decriminalization in the near future, but whether or not that happens depends on several factors, such whether the presi-

dential election in 2016 will deliver a president who favors change, or one who will order the attorney general to enforce current law. Recent Gallup polls have nearly 60 percent of Americans in favor of legalization.

The federal government has two likely options: national medical-ization through changes in the Controlled Substance Act, or re-moving it entirely from federal regulation and allowing the states to individually regulate it as they see fit. Marijuana is presently list-ed as a Schedule I substance under the Controlled Substance Act, putting it in the same class as heroin and LSD that have, according to the act, “a high potential for abuse […] no currently accepted medical use in treatment in the United States […] [and] a lack of accepted safety for use.”

While many Americans don’t believe marijuana should be classified in heroin and LSD’s same harsh category, the federal government’s likeliest action would be to simply shift toward medicalization, and downgrade marijuana it to Schedule II. Doing so would recognize it as still having “a high potential for abuse,” but also as having an “accepted medical use in treatment,” thereby allowing doctors to prescribe it. This change would maintain regulations on marijua-na’s use, but would allow for the medical community to more easily conduct research on it and begin using it in treatments where it has been proven successful: seizures, chronic pain, Crohn’s disease, chemotherapy nausea, stress, Alzheimer’s and multiple sclerosis.

Medicalization by the federal government appears to be the most feasible option and is really just a form of “back-door legalization.” Alternatively, the federal government could scratch marijuana from the Controlled Substance Act, and allow states to rule over its use and availability however they choose. The federal government could still impose “sin taxes” as it does with alcohol to increase tax

MARIJUANA IN NEVADA An Inevitable Change with Inevitable Benefits-Tyler J. Morgan, Esq.



MARIJUANA IN NEVADA

revenues. But at this point, what the federal government will do is completely unknown. At the end of the day, medicalization and legalization are still a better options than prohibition.

The Economic Impact of LegalizationCurrent estimates project tremendous growth in the marijuana in-dustry and legalization could make it one of the largest industries in the country. A report by Greenwave Advisors, a financial advisory group for the marijuana industry, projects revenues of $35 billion by 2020 if full federal legalization is accomplished. Even without full legalization, Greenwave has set projections at $21 billion. Col-orado alone has seen more than $45 million in tax revenues since 2013 from its local marijuana industry…so much revenue, in fact, that the state has considered refunding some of it. Estimates from Arcview Market Research, a research firm for the cannabis indus-try since 2011, project first-year retail sales in Oregon of nearly $200 million. With these statistics it’s no wonder so many states are moving toward legalization of marijuana.

Las Vegas holds an inherent advantage in the marijuana industry: tourism. The Las Vegas Strip was the most visited tourist attraction in the world last year, attracting nearly 40 million visitors. Nevada legislature recognizes this advantage and wrote the marijuana laws

to recognize “full reciprocity,” meaning people with medical mari-juana cards from other states may buy marijuana in Nevada with-out needing a new prescription or card. Individuals need only sign an affidavit when they enter their first dispensary and stick with that dispensary, exclusively, for at least one month. This means a visitor from another state doesn’t have to worry about boarding a plane with marijuana (transporting marijuana across state lines is still prohibited and heavily enforced by TSA). Instead, upon landing in Las Vegas that person may pick up enough marijuana for their stay from a local dispensary. The inherent benefit of this is getting more people to purchase marijuana here locally, which would help increase revenue for the city and state.

Some businesses holding marijuana dispensary licenses in Las Ve-gas are already making plans to offer shuttle services for visitors to get to and from dispensaries when staying in hotels on the Strip. In the end, marijuana could bring more revenue to Las Vegas, as well as create new jobs within the industry on both the retail and medi-cal research sides. If Nevada can one day bring in revenues similar to Colorado or Oregon, we will most definitely see a boom in the economy…a boom that will allow us to shift more funding toward important needs such as education and drug abuse programs.


DOWNTOWN SUMMERLINDoes It Live Up To All The Hoopla It Created?

Downtown Summerlin was erected seemingly overnight. But in reality, General Growth Properties started the project back in 2008; it later spun development into the Howard Hughes Corporation; and in the middle of 2013, construction finally started for the first phase of its master plan.

For many years, locals were stuck with an eyesore and little hope of seeing anything more than steel beams poking through a plot of dry desert land. But all of that changed in 2014 when fast-forward-ed construction increased excitement of what could be the greatest mall Las Vegas kicked up.

Despite Downtown Summerlin’s grand opening on October 9, 2014, a question remains: has it lived up to its great expectations? And will it survive and thrive among its competitors?

In the Middle of SummerlinLocated in the Summerlin community, right off the 215/Sahara and along a bus route, Downtown Summerlin’s easy access gives locals the opportunity to shop at a variety of stores without having to cross the Strip. This is a welcome relief for many locals who don’t always want to be surrounded by crowds of tourists, or deal with the congested traffic on the Strip and crowded parking lots.

Among its 125 stores you can find higher-end brands like Macy’s and turn a corner to find more affordable retailers like Forever 21. There are countless places to eat or just sit and people watch. A weekly farmers market started earlier this year and it may just be worth the drive.

What you won’t find in Downtown Summerlin are the overly pushy kiosk workers that have taken over most malls in Las Vegas. People who shop at Downtown Summerlin seem to enjoy a more relaxed

environment. And it’s no surprise that many Summerlin locals are California transplants who moved to Nevada for better opportuni-ties, favorable taxes, and affordable housing, but who want to stay away from the neon lifestyle. What People Are Saying The reviews for Downtown Summerlin are mostly good. Original-ly, locals were put off that not all stores and restaurants were open during the grand opening. But more recently, shoppers like what they see. Comments on review sites like Yelp are positive when it comes to the variety of the stores and restaurants, no crowds, and ample parking. Some even call the mall “pretty.”The one negative and frequent comment from Las Vegans is that the mall seems far from where they live. But with so many other shopping venues in Las Vegas that comment is to be expected. For many Las Vegans, the Strip will always be considered the central hub and their first choice for shopping, food, and entertainment.

What the Future Holds Downtown Summerlin seems to be in sync with the growth of Summerlin and Las Vegas in general and it is expanding with new phases for additional housing and office space. People expecting a completed project must understand that downtowns in most major cities took many decades to build and are constantly changing. One of the challenges for Downtown Summerlin will be to pull locals away from the many other malls available around or on the Strip and will need to create an experience that will compete with what people can find there. If it can accomplish this, the future may be very bright for Downtown Summerlin as it continues to grow with the rest of the Summerlin community.

More information on Downtown Summerlin can be found at www.downtownsummerlin.com

DOWNTOWN SUMMERLINDoes It Live Up To All The Hoopla It Created?-Sabrina Siracusa

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THE FIGHT FOR THE NEWLAS VEGAS ARENAThe new arena is being viewed by some as a perfect opportunity to entice a sports team— literally, any sports team—to call Vegas home. There has been talk of the NHL and even the NBA moving in. UFC President Dana White even stated on the UFC website, “No one is more pumped about this [new arena] than me and my team.”

So, which franchise will be smart enough to claim it? This $350 million, 20,000-seat indoor arena is set to be one of the most mod-ern and extravagant arenas in the world. If that weren’t enough, it will sit on prime Las Vegas Strip property. Whichever sports fran-chise calls the arena home will more than likely cash in on unique benefits that only Strip real estate can afford.

A Brief History Of How It All Happened (Sort of…)The Anschutz Entertainment Group (AEG) was the first group that tried to build an arena in Las Vegas in association with Harrah’s En-tertainment. In 2007, the joint venture announced it would build a stadium behind the Bally’s and Paris resorts. Caesars Entertain-ment, Inc., had previously considered the location for a baseball park, but the company’s buyout by Harrah’s canceled those plans. Harrah’s was uncertain about continuing with the project, and AEG had not committed to splitting the costs. There was also concern because Las Vegas had no guaranteed franchise (still a concern to this date). Also, would the project be feasible to entice a franchise given the enduring financial crisis of those years?

The original plan was to start construction in June 2008, and com-plete the project by 2010. But, by 2009, not even a traffic study had been done despite the site’s proposed location near one of the bus-iest intersections in the world. Later, in 2010, plans were changed yet again to use space behind the Imperial Palace, but the idea went nowhere because financing would require a special taxation dis-trict. Opposition from Clark County regarding using public money for the project caused more delays.

AEG backed out completely by 2012…but along came MGM Re-

sorts International. MGM designed its own project using a section of land behind the New York-New York and Monte Carlo resorts. When AEG became re-interested, mainly because this version of the project did not rely on public funding, the two entities an-nounced a joint arena plan on March 1, 2013.

Additional plans were negotiated over the following months in-cluding the announcement of a $100 million pedestrian shopping area to serve as a gateway to the arena, and a prominent sports architecture firm, Populous, would design the project. The project finally broke ground on May 1, 2014.

Interesting as all of this is, what really matters is how the arena will affect the lives of locals; impacts the local economy; and how it will derive necessary revenue to offset any problems associated with having a new arena in town…problems that sometimes don’t show up for many years. Time will tell.

In the meantime, MGM Chairman and CEO Jim Murren claims the arena is prepared to operate in 2016, with or without a professional sports franchise. “We’ll make money without a home team,” says Murren. “But we’ll be relying on Dan [Beckerman, AEG’s CEO] to work with the leagues on possibly bringing a team to the arena.”

- by Sabrina SiracusaMore information can be found at www.arenalasvegas.com


Image courtesy of www.arenalasvegas.com

Local Sports?


When Downtown Project was officially founded in January 2012, three Cs—connection, collaboration and co-learning— were some of its objectives. Today, the $350 million investment into the revitalization of Downtown Las Vegas has turned it into a neigh-borhood that along with shops and services makes it more than just a great place to live, work and play. It has enriched Las Vegas’ landscape, and brought heart to the city for the many locals who call it home.

Let’s meet its moving parts.Learning To FlyIt took a substantial investment to build what we now know as downtown Las Vegas. And since its inception, Downtown Project has invested approximately $200 million in real estate and devel-opment, $50 million in small business investments, $50 million for VegasTechFund—the project’s tech investment arm—and $50 million for arts and education. It’s also invested in approximate-ly 50 small businesses and more than 100 tech startups; an early childhood and elementary school (9th Bridge School); Turntable Health, a unique, membership-based primary care clinic; and Stitch Factory, a co-working space for designers, among others.

But part of being a good developer is owning a piece of the puzzle, and Downtown Project owns and operates a number of businesses. One is Gold Spike, a co-working space by day and a giant party by night that has become one of Downtown’s most popular, com-prehensive meeting and hangout spots. Its sister property, Oasis at Gold Spike, is a boutique, non-smoking, non-gaming hotel with 44 individually decorated hotel rooms. There are an additional 40 hotel rooms in the Gold Spike Tower.

Contain Yourself At Container ParkLocated at the southeast corner of 7th and Fremont Streets is an open-air shopping and entertainment venue featuring 38 unique retail shops, restaurants, and bars…all built from 43 repurposed shipping containers and 41 locally manufactured Xtreme cubes. It’s aptly named Container Park.

As if its build isn’t unusual enough, Container Park guests are greet-ed by a 35-foot praying mantis sculpture that shoots flames from its

antennae. Inside the park’s gates is a whimsical world of one-of-a-kind boutiques, restaurants and bars; a stage for presentations and live music performances; and The Treehouse, an interactive play area for children and families featuring a 33-foot-tall slide, NEOS play system, oversized foam building blocks, and more.

“The shops at Container Park offer a little something for everyone, ranging from Oak & Ivy, an American whiskey focused craft cock-tail bar, to Kappa Toys, a really fun toy store for kids as well as the young at heart,” says Doug McPhail, Downtown Project’s director of retail operations. “It’s really important to us that Container Park is able to function as a sort of incubator for small businesses and first-time business owners, and we’re very proud of the selection of stores we offer.”

Downtown Project also owns and operates a variety of events spac-es, from Place on 7th, a traditional event space with a variety of gorgeous set-up options, to the Western Hotel, a repurposed for-mer hotel-casino which offers nearly 100,000 square feet of indoor and outdoor temporary exhibition space.

Feed A Foodie FrenzyThe Market, located at Fremont Street between 6th and 7th Streets, opened in October 2014 and offers a full-scale urban grocery shop-ping experience featuring traditional market items, fresh produce, exceptional coffee and pastries, gourmet sandwiches, craft beer and wine, and a hot and cold salad bar.

Restaurants and bars have also been a big part of Downtown Proj-ect’s investments, starting in 2012 with Eat, a cultishly popular breakfast and lunch spot. Today there are more than 20 food and beverage commitments to date, including more offerings still on the way.

“Restaurants and bars are so important to the development of a vi-brant downtown because they tend to be places that bring families and friends together, and people are often willing to travel some-where new for a great dining experience,” says Will Beam with Downtown Project’s small business team.

Other Downtown Project-affiliated food and beverage venues range from celebrity chef Kerry Simon’s Carson Kitchen to O Face Doughnuts, a specialty doughnut shop, to Grass Roots juice bar,

OUR VIBRANT DOWNTOWN PROJECTDowntown Project has helped create a sense of place where people can connect, create and collaborate.


A Vibrant Downtown

which offers superfood-based juices, smoothies and other foods. All three are located at the John E. Carson building, at the north-west corner of Carson Avenue and 6th Street.

Downtown Project’s most recently opened restaurants are Glut-ton, featuring savory meats, locally sourced produce, house-made pastas, and seafood from the Pacific Northwest; and VegeNation, a vegan restaurant featuring globally-inspired street food.

Where Work And Play CollideAccording to an economic impact report by Applied Analysis, Downtown Project’s efforts to create a place of creativity where work and play coincide in historic Downtown Las Vegas has result-ed in an estimated $118.9 million in recurring economic output since 2012. Additionally, a one-time economic output of $70 mil-lion has been produced as a result of the impact of all completed construction work funded by Downtown Project.

The Writer’s Block is part of that. An independently owned book-store, it also offers free writing classes and field trips for local stu-dents, while The Hydrant Club caters to our four-legged children as a membership-based dog park and doggie day care facility that also offers extended boarding services, training, dog baths, and a limited selection of dog food and retail goods.

“It is amazing to see what Downtown Project has accomplished in the last two years,” said Jeremy Aguero, principal analyst with Ap-plied Analysis. “In addition to reviving interest in the area, the total

economic impact of their activities is similar to building more than 400 2,000-square-foot homes each year.”

Life Really Is Beautiful…DowntownLife Is Beautiful Festival is a highly successful lifestyle event that brings together marquee musicians, chefs, artists, and speakers to the heart of Downtown Las Vegas. Introduced in October 2013, the festival welcomed more than 60,000 patrons in its first year and 90,000 festival attendees over three full days in 2014. Downtown Project is an investor.Returning September 25-27, the third-annual event hopes to at-tract even more attendees, and through the festival and invited guests, Downtown Project generates 23,000 annual out-of-town visitors to Downtown Las Vegas. These guests have contributed a total of $26.5 million each year to southern Nevada’s economy.

More To Come….Just when you’d think it might be over, it isn’t: Upcoming project investments include Zydeco Po-Boys—a quick-casual Cajun con-cept by chef Brandon Trahan, expected to open at the end of May—and Chow, a concept by Eat’s chef/owner Natalie Young, which will feature Chinese food and fried chicken. Chow is expected to open by late summer beside The Writer’s Block, on Fremont Street be-tween 10th and 11th Streets.

–Maria PhelanDirector of Public Relations | Downtown Project

THE PERCH A Restaurant With A View

Boasting a sophisticated, shareable menu, and a bird’s eye view of the park, The Perch at Downtown Container Park has become one of downtown Las Vegas’ most popular lunch and dinner spots.

Located on the second floor overlooking The Stage, The Perch fo-cuses on light and seasonal farm fresh dishes complemented by a lush ambiance. The menu features a variety of shared plates, as well as a delicious selection of flatbreads, salads, entrees, and stellar sandwiches.

“The Perch’s menu definitely has an international flair, but each of the dishes is also very approachable, and the focus is on really great flavors,” said executive chef Robert Henderson. “The menu has something for everyone, and really works well for lunch or dinner. And the shared plates and amazing cocktails make The Perch the perfect place for happy hour.”

Shared plates range from a salmon tiradito with spicy cucumber and mango salsa to fried calamari with jalapeño and lemon, or spicy pecans with rosemary and chile piquin. Flatbreads include classics like the Bianca, with mozzarella, ricotta, arugula, parme-san, and white truffle oil, and the traditional margherita, as well as original creations like the Allegra with grilled shrimp, cilantro, jalapeños, queso fresco, and refried beans.

Salads at The Perch also range from familiar classics like the Louie, featuring herbed crab salad, bibb lettuce and avocado, to the more adventurous, like the Terrace, with grilled corn, shrimp, avocado, tomato, and cilantro chimichurri, or the Power Greens, boasting a green kick of spinach, kale, arugula, shaved Brussels sprouts, as-paragus, pears, sunflower and pumpkin seeds, almonds, and sherry vinaigrette.

Main courses will include favorites like steak frites, seafood pasta, as well as beef carpaccio with white truffle oil and potato puree, angel hair pasta with anchovy, almond and currants, and grilled salmon with sautéed Brussels sprouts, asparagus and salsa cruda.

“The menu was definitely created so that groups can order a se-lection of things and share, but there are also a nice selection of traditional entrée dishes,” Henderson said. “From lunch to dinner to a late night snack, we offer fresh, delicious options that are also extremely satisfying.”

The Perch’s menu also boasts three tempting sandwiches, the Hang-er steak with carmelized onions, frites and aioli, the Perch Burger with thick-cut bacon, fried green tomato, provolone, chipotle mayo and frites, and the chimichurri chicken sandwich, with queso fres-co, avocado mousse, spinach, and tortilla chips.

The Perch also features 15 wines, four beers on tap and 15 more in bottles, a full bar, and a selection of beautifully crafted specialty cocktails created for The Perch by neighboring Oak & Ivy’s master mixologists.

–Maria Phelan

Photos courtesy of The Downtown Project.

For reservations at The Perch, please visit: www.opentable.com/the-perch-reservations-las-vegas

The Perch707 Fremont Street, Suite 2170


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INTERVIEWJudge Adriana Escobar


MEET THE

INCUMBENTJudge Adriana Escobar

In this edition of Meet the Incumbent, we interview Judge Adriana Escobar, the presiding judge in the Specialty Courts of the Eighth Judicial District Court.

A Las Vegas native from the age of 2, Judge Adriana Escobar at-tended Bishop Gorman High School and UNLV. After graduating from UNLV, she became certified as a Drug and Alcohol Abuse Counselor by the Nevada Bureau of Alcohol and Drug Abuse (BADA), which equipped her to counsel clients in outpatient and group settings and develop and teach substance abuse prevention programs.

After graduating from California Western School of Law in San Diego in 1991, Escobar remained in The Golden State to practice law as a Deputy City Attorney, and later at several private law firms. When she returned to Las Vegas, she co-founded and managed Chanos Escobar Chanos, P.C., a law firm that represented local business owners in complex business transactions and commercial litigation. She also served as special counsel in Las Vegas to Fox Rothschild LLP.

Escobar was appointed to serve as a member of the State of Ne-vada Taxicab Authority by former Nevada Governor Bob Miller and was later appointed by former Governor Kenny Guinn to serve as a commissioner with the Public Utilities Commission of Neva-da. During her tenure at PUCN, she heard and decided numerous cases involving utility regulation of electricity, gas, telephone and water, all of which had statewide impact. After her PUCN tenure, she was appointed by then Attorney General Brian Sandoval (now Governor) to serve as Nevada’s Consumer’s Advocate and Chief

Deputy Attorney General where she supervised complex consumer protection litigation and represented Nevada’s ratepayers in public utilities cases. Escobar also served as Deputy Attorney General in the Bureau of Consumer Protection where she prosecuted complex mortgage and investment fraud cases. Governor Sandoval then appointed her to the District Court, where she now serves as the presiding judge in the Specialty Courts.

Judge Escobar has represented clients on a pro-bono basis through-out her career and has served on the board of directors for the Lat-in Chamber of Commerce, where she was voted Professional of the Year. She also served as chairman of the board of governors of Spring Valley Hospital.

Vegas Legal: What is the most memorable case you tried as an attorney before taking the bench?Adriana Escobar: I have tried a number of memorable cases. One that stands out is where I convicted a man of driving under the influence of alcohol. The defendant called his 7-year-old son to tes-tify that he was not driving the car. It was the first time, as a young lawyer, that I had to cross-examine a young child and that was a particularly delicate situation because it was clear to me that his testimony was influenced to support his father’s defense. I was very sensitive to the difficult situation this boy had been placed in, but at the same time I was able to obtain the testimony I needed to prove my case. Later, at sentencing and in the presence of his counsel, the defendant thanked me for treating him and his family with respect.


VL: What made you decide to run for judge?AE: When I was 12 years old, I saw a documentary about the Nico-la Sacco and Bartolomeo Vanzetti case. They were Italian-born im-migrants who were convicted of murdering a guard and a paymas-ter during the armed robbery of a shoe factory in Braintree, Mass., in 1920. The documentary depicted the judge as callous and more interested in satisfying public opinion than ensuring that justice was done. I was so offended by the perceived injustice, I vowed that one day I would become a judge. At the time I was unaware that I must first become an attorney.

VL: This may sound basic, but we always find these answers illuminating: What does being a judge mean to you?AE: Being a judge means having the opportunity to serve our com-munity making it a safer and more just and prosperous place to live for our families and businesses.

VL: And this may sound basic, but again…we love learning about folks in our field: What is your favor-ite and least favorite thing about being a judge?AE: My favorite thing about being a judge is having the opportu-nity to make a positive difference in people’s lives. While I am ex-tremely grateful for the generous support I have received, my least favorite thing is the pressure to raise money to fund campaigns.

VL: A twist on our first question: What is the most memorable case you have presided over as a judge?AE: One that comes to mind involves an attorney and his life-long friend who ended up in litigation against one another over attor-ney’s fees. The attorney agreed to represent his friend’s company in complex commercial litigation that required a substantial amount of his time over several years. Unfortunately, due to their personal relationship, the attorney neglected to obtain and execute a written fee agreement or keep reliable records of his time and expenses. When the case settled, the client refused to pay his attorney’s fees and litigation ensued. As a result, the attorney lost a life long friend.

VL: Describe a situation where you had to support a legal position that conflicted with your personal be-liefs. We’d especially like to hear how you handled it.AE: While in private practice, I represented a client who owned a championship horse. My client contracted with a stable to care for the horse. Sadly, the horse was severely neglected, causing its health to deteriorate and also its value. My client wanted me to file a lawsuit against the stable for causing this harm. I explained to my client that it did not make economic sense to litigate be-cause the attorney fees would be substantial and it was likely that

the defendant was judgment proof, so she would never recover any damages. While I had no conflict with the legal position, I would not ordinarily agree to represent a client if I did not believe it made economic sense; however, in this case the client explained that she wanted to obtain a judgment against the stable in order to inform the equine community about the dangers of doing business with that particular stable.

VL: Describe a court situation that tested the limits of your patience. How did you respond? And in hind-sight, is there anything you would have done differ-ently?AE: I am very patient on the bench, but occasionally that patience is tested. In one particular case, one of the parties was a self-repre-sented litigant who repeatedly ignored court orders. It was appar-ent that she either did not understand the orders or was too emo-tionally involved to follow them. I, on several occasions, explained to her that she was required to follow the court’s orders regardless of whether she agreed with them, and advised her that it would be in her best interest to hire an attorney who could represent her more effectively that she could by herself. I referred her to the State Bar Lawyer Referral Service and to Nevada Legal Aid. Fortunately, a knowledgeable and experienced attorney took her case on a pro bono basis and was able to help her with her litigation. I would have not done anything differently in this case.

VL: What’s your biggest pet peeve triggered by at-torneys that appear in your courtroom (…just in case anyone reading this has to try a case in your es-teemed presence)?AE: It is frustrating to see cases linger in the courts for years, at great expense to the parties, that could (and should) be settled. Some attorneys that appear in my courtroom could benefit by in-creased communication with opposing counsel in trying to resolve cases. I recommend reading Getting to Yes by Roger Fisher. I pe-ruse it again every couple of years as a tool in negotiation.

VL: What is your best piece of advice for litigants and/or attorneys?AE: Be respectful of the court and to each other, and present evi-dence and arguments clearly and concisely.

VL: We can’t imagine you have much free time, but for when you do, what is your passion outside of the law?AE: I have always loved art, architecture and travel. My favorite place to visit is Rome. I enjoy spending time with friends and fam-ily.

VL: Must ask: What do you love most about Vegas?AE: I have lived here since I was 2 years old. Las Vegas has changed dramatically. I loved growing up here and having lifelong friends who are like family members. I have also made new friends [through] the years. Las Vegas is truly home to me. I am most for-tunate.

INTERVIEWJudge Adriana Escobar



TEN HEALTHY HABITS TO ADOPT

– Maryam Rastkerdar

We all know we’re supposed to stay healthy, but due to our fast-paced lives the thought of having to worry about our health can be overwhelming. So, we’ve simplified the process down to 10 little habits (many of which you may already do) to kick your wellness up a notch. Bonus points if you do five or more, and a gold star if you do all 10…though we’re not keeping score.

1. WAKE UP EARLY“Early to bed, early to rise; makes a man healthy, wealthy and wise.” Studies have shown that early risers are both happier and health-ier than those who stay up late and wake up late. It has also been proven that early risers have more cheerful moods as well as stable personalities.

2. EXERCISE IN THE MORNINGRegular exercise comes with remarkable benefits, and research is discovering new reasons why it’s so important. The best way to en-sure regular exercise is to do it first thing in the morning to feel accomplished and energized, as well as to boost metabolism.

3. LIFT WEIGHTSRegular strength training can help prevent and reverse muscle and bone loss as well as help relieve arthritis pain and improve sleep. To ensure healthy muscles and bones later in life, start lifting now.

4. STAY HYDRATEDWe are all well aware of the importance of drinking a lot water. But, in addition to being necessary for life, water increases energy and keeps the immune system strong. It plays an essential role in maintaining body function—and, it helps keep joints and muscles in good shape.

5. EAT WELLA well-balanced diet will help with every aspect of health when consumed over the long-term. It helps protect against health prob-lems like diabetes, heart disease, obesity and other ailments.

6. TAKE COLD SHOWERSResearch has shown that the drop in temperature brings numerous benefits. From increased fat burning to faster workout recovery, it might also ease symptoms of depression.

7. WEAR SUNSCREENNot only does avoiding sunscreen make you look older, but it is also increases the risk of developing skin cancer. Investing in a good face moisturizer with SPF and using it every day is extremely essential.

8. MOVE THROUGHOUT THE DAYA sedentary lifestyle is bad for the overall health. Sitting too much has been shown to increase the risk of developing cancer, heart dis-ease, obesity, type-2 diabetes and depression. Moving more every day helps avoiding higher risks down the line.

9. STAY SOCIALAn integral aspect of health is our social life, which contributes to our overall well being. Studies have shown that people with stron-ger personal relationships are more likely to outlive their lonely counterparts, and health risks that come from being socially dis-connected have been compared to smoking 15 cigarettes/day and are more dangerous than being obese. It’s safe to say that making time for friends remains a priority.

10. STAY WELL RESTEDFailing to get good night’s sleep can disrupt a person’s circadian rhythm, which regulates blood pressure and hormones. Adequate sleep helps improve memory, alertness and the ability to retain in-formation. It’s safe to say that making sleep a priority will provide great benefits in overall health

Restaurants are a lot like relationships. In the beginning, you can’t get enough…but as you get accustomed to what’s being offered, ennui can set in. (We’re still talking food here, right?)

From French to funky, international to true-blue American, try sprinkling some spice on your restaurant relationship by test-driving a few of Las Vegas’ varied eateries. We promise we won’t rat you out to your old watering hole.

Triple George GrillLocated in the heart of Downtown Las Vegas is ultra urban Triple George Grill, an upbeat venue with dim-lit booths and a menu offering a true taste of diversity. From lunch choices for your hard-hitting meeting to your flirty Friday night date this venue suits it all. A must-try is the tender pot roast, sided with vegetables and mashed potatoes. Pair it with one of Tri-ple George’s handcrafted beers, and remember to save room for one of its many chocolate creations…a delicious finish to a tasty dining experience.

www.triplegeorgegrill.com201 N. Third Street #120Las Vegas, NV 89101

GLUTTONOUS PIGS REJOICERestaurants Ready To Be Eaten Whole– By Chelsea Abate


DB BrasserieConsidered one of the top chefs in the world, Chef Daniel Bou-lud is at it again. Food critics are already calling DB Brasserie the best French restaurant in Las Vegas. What makes this place unique, though, is its hat tip to traditional American fare. Featuring a menu spanning from French classics to pastas and steaks, DB Brasserie is a good compromise for groups that aren’t ready to go full-on French. Looking to stop in for just an appetizer? Try the steak tartare with egg dressing, it may keep you hooked in for an entrée.

www.dbbrasserie.comThe Venetian 3355 Las Vegas Boulevard S. Las Vegas, NV 89109

EatSurrounded by an evolving Downtown lies Eat, a free-spirited break-fast and lunch joint. Helmed by its ambitious owner/chef Natalie Young, Eat serves not only healthy breakfast options that morph right into lunching hours, but Young adds her authentic French twist on flavor. From hearty shrimp and grits to tasty tofu scramble, Eat’s menu variety satisfies all kinds of cravings. And not only is Eat’s menu full of color, the upbeat environment and energetic staff will give you a lively dining experience.

www.eatdtlv.com707 Carson St. (at 7th)Las Vegas, NV 89101

Photo: www.dbbrasserie.com

Photo:www.eatdtlv.com

Photo: www.triplegeorgegrill.com

Searsucker Las VegasDining with friends while enjoying the vibes of a house DJ, Seer-sucker’s menu has just as much electricity. Co-owners Brian Malar-key and James Brennan have created dishes to satisfy guests while giving them a space to come as they are (which is just off the gaming floor at Caesars). This soulful restaurant debuted in Vegas in April after acclaim in California and Texas. From zesty strawberry Cham-pagne salad to its bold egg and bacon “pork belly,” Seersucker’s menu offers shareable plates for everyone.

www.searsucker.comCaesars Palace Las Vegas3570 S. Las Vegas BoulevardLas Vegas, NV 89109

Carson KitchenFor the carnivore in you, Carson Kitchen is an exceptional Down-town food choice near Fremont Street. From bison meatloaf sliders to short rib stroganoff, it presents a diverse selection of food with integrity. A fan-favorite appetizer is the bacon jam with Brie. And if you’re interested in a creative take on a traditional dinner the house Cocoa Espresso New York Steak comes highly recommended, all tender and topped with a red wine demi sauce. Carson Kitchen de-livers lots of flavor in its dessert section, but I couldn’t hold back from the donut bread pudding. Chef Kerry Simon’s menu is a won-derful demonstration of his love for quality food with personality.

www.carsonkitchen.com124 S. 6th St. Suite 100Las Vegas, NV 89101

The Blind PigAttached to Blind Pig’s exceptional take-out counter filled with prepared salads and sandwiches for meals any time of day is the market’s eat-in restaurant and lounge. Resembling the speak-easies of Prohibition, Blind Pig shines in the homemade details of its pub food (Buffalo sauce is homemade; gluten-free pizza crust is enviable). For a healthy dose of protein, try Blind Pig’s “Power Wrap” for breakfast, a combination of chicken, broccoli, and egg whites that hits the spot after you hit the gym. For lunch or dinner, consider this dish by chefs Anthony Meidenbauer and Luis Muniz: the rustic Stozzapretti Pasta, with tomato sugo and sweet sausage. From bold recipes to original cocktails like the signature drink The Blind Pig featuring Hanger One Rasp-berry Vodka, this trusty spot bursts with creativity.

www.theblindpiglasvegas.com4515 Dean Martin Dr. Suite 1Las Vegas, NV 89103


Photo: www.searsucker.com

Photo: www.theblindpiglasvegas.com

Photo: www.carsonkitchen.com


FIRST FRIDAYLas Vegas Arts & Culture-Rico DeLargo

Arts and culture attract creative minds to cities around the world, and communities that wish to become vibrant and rich with talent realize this. Las Vegas is no different. Today, art, music and culinary offerings are featured at First Friday Las Ve-gas, which takes place in and around the Downtown Arts Dis-trict on the first Friday of each month and has become an an-ticipated platform for the creative community to showcase its works and talents to the area’s 20,000+ monthly visitors.

Cindy Funkhouser pioneered the event by inviting a handful of artists to showcase their works in front of The Bunkhouse Antique store more than 12 years ago. What started as a few dozen friends supporting each other’s artistic endeavors has grown into an event that is deeply embedded in the DNA of the city. This free festival exposes thousands of people to the arts who may not normally seek it. What was once known as an area of crime has become an area of opportunity.

There are endless examples of how First Friday has positively affect-ed people’s lives. Artists like Dray that have shown their works at First Friday have gone on to own galleries in the area. Sultry young local singer Sabriel performed for First Friday and then went on to perform at Life is Beautiful. This monthly event has a powerful way of creating great opportunities for people…not only for artists, but also for everyone who enjoys their work.

The First Friday Art Walk takes place at Charleston and Casino Center and runs from 5-11p.m. Themes like “AntARTica,” “Car-nival” and “Wonderland” create a fresh new look each month and give guests an opportunity to dress in theme and engage with the-matic activations. There are generally more than 30 food trucks at the event along with dozens of artists and vendors, and galleries located across the 18b Arts District open their spaces to the public, inviting visitors to buy one of a kind art and enjoy the chance to engage with its actual creator.

As if the incredible art, live music stages, food trucks, beer stations, Kid Zone and Dance Department aren’t enough, monthly festivi-ties continue into the night on Fremont East since First Friday is celebrated all over Downtown. Rooftops, bars, restaurants and cof-fee shops turn into sought after destinations for live music, DJs and mixologists. “Big Bus Shuttles” move guests to and from parking areas to the Art Walk and to Fremont East.

There is no larger, recurring, free arts and culture festival on the west side of the United States that attracts more people monthly

than First Friday Las Vegas. Downtown businesses see a signifi-cant surge in sales on this night; young artists have an opportunity to showcase their talent in front of a large community; and event sponsors have the chance to create stronger bonds with their cur-rent and future customers. Indeed, First Friday does a fantastic job of community building….and getting a vibrant city’s locals togeth-er to engage with one another (often!) should be the mission for any city looking to grow and prosper.

SEE IT FOR YOURSELFFirst Fridays In Downtown Las Vegas

First Friday festivities take over the streets of downtown Las Vegas for a completely interactive experience with the arts. Images: courtesy of the First Friday Project.

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Let’s face it: Any vehicle can be demonstrated on the road just outside of the showroom. But how many SUVs can be put to the test and driven on a 45° slant without the slightest bit of slippage or tipping? I can unequivocally say that only Land Rovers can because they are 100 percent centered and what those in the automotive industry call “bottom heavy,” while other SUVs can be top heavy and unstable.

That’s the kind of knowledge taught during a Land Rover “Wheels Event,” where Land Rover professionals guide customers in their own vehicles through an outdoor “off-road terrain” expedition with enough challenging and technical plains to show the owner just how well their vehicle will operate in rough-and-tumble con-ditions.

Held quarterly, Wheels Events are hosted by all Land Rover dealer-ships and are a great way for first-time Land Rover clients and em-ployees to see the “other side” of their vehicle by testing its limits. And at Land Rover Las Vegas, all levels of off-road driving experi-ences are welcomed. If you’ve never been to a Wheels Event, here’s what to expect.

How Event Locations Are ChosenLand Rover professionals take great care in scouting an interest-ing spot. They locate urban, eccentric areas where most custom-ers have probably never been or heard of (and since Nevada has a plethora of open land, we are very fortunate to have several admi-rable venues to choose from).

Events are hosted based on two factors.

1. Destination. Land Rover likes locations with a heightened, tech-nicality-based terrain. Occasionally, they will choose more popular

venues that are a little less challenging, but most events are a 3 on a 1-10 difficulty scale (10 being the most challenging). In the past, some of the event venues included historically signif-icant sights… ghost towns, mining camps and areas of that sort. Research is always done before each event by a Land Rover pro-fessional and customers are given a handout with the GPS coordi-nates and the stories behind each point of interest they will drive through.

2. Technicality. The technical events are usually about a 5 on a 1-10 difficulty scale. Extremely experienced employees are on hand to help customers through more abstruse areas that require spotting. Regardless of the difficulty of the event you choose, Land Rover trained technicians are available and ready to assist in case of any mechanical difficulties that may occur during complex driving.

Safety First

Regardless of the location of the event, a Land Rover off-road spe-cialist always performs a pre-run of the course approximately 10 days before the event date to trim brush that might scratch a ve-hicle and to ensure that all vehicle models will safely pass through each obstacle. This is also performed because the Nevada desert is very unpredictable, and flash flooding can alter a trail dramatically overnight.

The pre-run also helps time the day from start to finish so custom-ers are given an accurate day-of agenda. All necessary notes and GPS coordinates are documented as well.

So, what should you do to prepare for an event? Land Rover sug-gests removing the front air dam and running boards (if your ve-hicle is so equipped) and having your vehicle pre-inspected by a

LAND ROVER Las Vegas Wheels Event-Rick Nelson

Land Rover professional so there are no surprises in the middle of the desert.

Getting Ready For Your First Wheels Event

A typical Wheels Event takes place on a Sunday. Customers will ar-rive at the showroom where breakfast, juice and coffee are catered. Then a brief description regarding the days adventure is given and off you go!

Lunch is arranged and paid for by Land Rover Las Vegas, which typically consists of sandwiches, but occasionally you might be for-tunately spoiled with Cow Camp Catering Chef Jim’s amazing fried chicken, tri-tip steak and delicious peach cobbler. And as always, plenty of water and snacks are provided throughout the day.As for safety, there are normally three support vehicles at each event, each equipped with a winch, recovery items and/or first aid kits and water. Each vehicle is numbered with a sticker and provid-ed a two-way radio for communication.

Interested in More Info?

An average Wheels Event hosts 15 to 20 customer vehicles. The in-timately sized group assures vehicles won’t have to wait 30 minutes to get through a narrow pass.

Land Rover Las Vegas uses Facebook and direct email to invite cus-tomers approximately 30 days prior to the event. But you may also check with your local dealer for the next event date.

Las Vegas Wheels Event

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SEVEN STEPS TO A CANCER-FREE DIET Healthy Living


If you only read one article about dietary cancer prevention, this should be the one! Over 1.5 million American were diagnosed with cancer last year and the best way to start lowering that figure is through diet. With that said, here are 7 steps to prevent and over-come cancer.

STEP #1: INCREASE THE AMOUNT OF CANCER-FIGHT-ING PHYTONUTRIENTS IN YOUR DIET

Phytonutrients are naturally occurring compounds that are found mainly in plant foods such as vegetables, fruits, legumes, nuts, herbs, spices, mushrooms, etc. Many of these compounds have similar cancer-fighting effects as the drugs used by oncologists to treat cancer, and act on various stages of cancer’s development. These food compounds are thought to halt the development and spread of cancer cells, notably by pro-moting cancer cells to self-destruct (apoptosis) or by blocking the growth of new blood vessels to feed growing tumors (angiogene-sis).Eating a wide variety of foods containing these compounds is likely to be more protective than eating a lot of just one type. For in-stance, although broccoli contains several compounds thought to have anti-cancer actions, eating it every day of the year isn’t likely to offer as much protection as, say, eating broccoli one day, peppers the next, tomatoes and onions the day after that, etc.Different plant foods also reinforce each other’s effects; for in-stance, the antioxidant lycopene in tomato skins is absorbed better when the tomatoes have been cooked with olive oil and garlic than when eaten on their own. This is called “nutrient synergy” and is an important concept to remember when preparing meals. (Con-ner Middelmann-Whitney’s cancer-prevention cookbook, Zest for Life, The Mediterranean Anti-Cancer Diet, explains this in more detail.)

Juicing as a supplement to eating whole fruits and vegetables:It may be difficult to consume large quantities of fruits and vege-tables in your daily diet. One way to help increase the amount of these important nutrients is by using a juicer. This will enable you to ‘eat’ many more fruits and vegetables than you could if you ate them in their whole form.We still recommend eating fruits and vegetables mainly in their

whole form, whenever possible, but to consider using a juicer to get even higher amounts of their anti-cancer phytonutrients in your diet.

We recommend juicing machines that “masticate” or crush rath-er than grind and expel the juice. Masticating juicers extract sig-nificantly more of the anti-cancer nutrients than the other types of juicers (i.e. centrifugal and pulp ejection juicers) which simply shred and expel many of the important parts of the fruits and veg-etables into a waste container.

STEP #2: EAT NUTRIENT-RICH CARBOHYDRATES AND AVOID REFINED STARCHES AND SUGARS

Carbohydrates are a key macronutrient, for the body converts them into glucose, its favorite source of fuel. However, some types of car-bohydrate are more beneficial than others, and some are downright unhealthy.All vegetables and fruits, nuts, seeds, legumes and whole grains contain a significant proportion of carbohydrates. When they are whole and unprocessed, they also contain a wide range of import-ant nutrients and plant chemicals that keep us healthy and can help to protect us from cancer. We should eat these daily.

Refined carbohydrates are another matter. They largely consist of starch that is devoid of nutrients – “empty calories” in other words – and this can increase our cancer risks in various ways:• For one, the absence of cancer-protective plant chemicals means that our body has fewer resources to defend itself against rogue cells that may grow into tumors.• In addition. sugar and refined starches contribute to weight gain, and as scientists have found, body fatness is a key cause of several cancers.• Moreover, eating sugar and refined carbohydrates triggers the production of hormones that may promote cancer. When we eat sugar or refined flour our blood-sugar (glucose) level rises. To sta-bilize this, our pancreas produces a hormone called insulin. This also acts as a growth factor for tumor cell proliferation and is ac-companied by the release of another hormone, insulin-like growth factor-1 (IGF-1), that is thought to further stimulate cell growth and inhibit spontaneous cancer cell death (apoptosis).


So, it’s important to distinguish between “bad” carbohydrates (refined and nutrient depleted, they push blood-glucose levels sharply higher and trigger IGF-1 production) and “good” carbohy-drates (they are nutrient-dense and high in fiber, and don’t boost blood-glucose levels as sharply).

As a general rule of thumb, sugar, sweetened foods and drinks and any foods made from white flour (cakes, cookies, candies, white bread, crackers, French fries, etc.) should be avoided.

On the other hand, healthy carbohydrates are found in:• Non-starchy vegetables and fruits (particularly the non-tropical fruits: apples, pears, oranges, grapefruits, peaches, plums, apricots, berries, etc.)• Legumes (beans, chickpeas, lentils, whole and split dried peas, etc.)• Nuts, seeds and whole grains (brown rice, buckwheat, wild rice, quinoa, barley, whole-wheat pasta, whole-grain bread, etc.)

STEP #3: BE CAREFUL ABOUT THE TYPES OF FAT YOU EAT; AVOID “BAD” FATS, SEEK OUT “GOOD” FATS

Fat is necessary for health, but again, it is important to differentiate between healthy and harmful fats.Studies suggest that diets higher in unhealthy fats:• Increase the risk of developing cancer (especially more aggressive cancers) and cancer progression• Suppress the immune system and increase inflammation in the body• Increase the risk of dying from numerous cancers (i.e. breast, prostate, colorectal, lung).

“Bad” fats include trans fats (found in partially and fully hydroge-nated fats and frying oil) and fats high in omega-6 fatty acids (such safflower, sunflower, corn, soy or cottonseed oil).Both trans fats and omega-6 fatty acids are thought to promote in-flammation in the body, which can fuel the growth and spread of cancer cells. They can also block the body’s utilization of healthy fats, such as omega-3-rich fish oils.Animals fed with omega-6-rich grains such as soy and corn gener-ally produce eggs, milk and meat that are also rich in these fats; for this reason, avoid factory-farmed animal foods and seek out, wher-ever possible, meat, milk and eggs from grass-fed and free-ranging animals.

Healthier fats include:• Monounsaturated fats, such as those found in olive oil, avocados, nuts, seeds and canola oil, and• Polyunsaturated fats, especially those rich in omega-3 fatty acids, found in fatty, cold-water fish (such as sardines, salmon, mackerel, anchovies, herring); eggs, milk and meat from farm animals fed omega-3 rich feed or from wild animals; flaxseeds, walnuts, walnut oil, canola oil, and green leafy vegetables.

To ensure an adequate intake of omega-3 fatty acids, aim to eat oily fish two to three times a week. These fish are high in protein and omega-3 fatty acids: cod, sablefish, salmon, mackerel, sardines, and anchovies. Smaller fish (i.e. sardines, mackerel, and anchovies) & wild salmon have less mercury and PCBs (a toxin) than bigger fish like tuna, swordfish and shark, which should generally be avoided.

Consider taking omega-3 supplements if you do not eat fish reg-ularly.

STEP #4: LIMIT THE AMOUNT OF MEAT IN YOUR DIET, MAKE SURE IT’S TOP-QUALITY, PREPARE IT WITH CARE, AND AVOID PROCESSED MEAT

The consumption of processed and red meat is associated with an increased risk of colorectal cancer. Several factors may contribute to this:• Corn and soy-fed animals (unless the package says otherwise, they were most likely fed corn or soy) are higher in pro-inflamma-tory omega 6-fatty acids and saturated fats.• Many commercially-raised, non-organic, animals are subjected to growth hormones to produce larger and faster growing animals. These growth hormones may stimulate cancer cells as well.• Processed meat (e.g. bacon, bologna, hot dogs, ham, deli meats) contains added nitrates which are converted into potentially can-cer-causing nitrosamines in the gut.• Cooking red meat at high temperatures can produce other can-cer-causing compounds, so rather than flash-frying or barbecuing, gentle braising or stewing are safer cooking methods.• The American Institute for Cancer Research recommends limit-ing cooked red meat consumption to 18 oz (equivalent to 24 oz raw meat) a week, and avoiding processed meats altogether.

STEP #5: LIMIT THE AMOUNT OF DAIRY PRODUCTS IN YOUR DIET.

Dairy is a controversial topic in the cancer context: critics claim that growth factors, hormones, saturated fats and pesticide resi-dues in milk increase cancer risks, whereas defenders argue that in particular calcium and vitamin D in cows’ milk have a protective effect.

According to the AICR, milk probably decreases the risk of colon cancer and possibly that of bladder cancer, but diets high in cal-cium from milk and dairy products increase the risk of prostate cancer. Milk is not indispensible to human health; indeed, many populations do not consume milk at all because their bodies can-not produce the enzyme needed to digest it, and they are nonethe-less healthy! Calcium can be obtained from many other sources: small fish eaten with their bones (e.g. whole canned sardines), meat (when rendered on the bone in stews and broths), green leafy veg-etables, nuts and legumes.

When consuming dairy, why not take our cues from the Mediter-raneans? Here, dairy is usually eaten in small portions – almost as a condiment rather than a major food group. Milk by the glass is rarely consumed, and the most popular dairy products include fer-mented curds and cheeses made from goats’, ewes’ and occasionally cows’ milk (e.g. kefir, yogurt, halloumi and feta cheese).

When you do eat dairy products, seek out the highest quality pos-sible, made with milk from pastured organic cows. Moreover, try replacing dairy with non-dairy options such as almond, hazelnut or soy “milk” and yogurt, which can easily be used to replace cow’s milk in most recipes.

STEP #6: LIMIT THE AMOUNT OF ALCOHOL YOU CONSUME

Did you know that consuming even small amounts of alcohol in-crease your risk of certain cancers?

The ethanol in alcoholic drinks contributes to several common

SEVEN STEPS TO A CANCER-FREE DIET

cancers, including those of the breast, mouth and throat and esophagus; some research also links it to liver and bowel cancer. The risk of some alcohol-related cancers is even greater in smokers.Therefore the AICR recommends that if alcohol is consumed at all, it should be limited to two drinks a day for men and one for wom-en. The AICR defines “one drink” as half a pint/250ml of normal strength beer or cider; a small (1oz/25ml) measure of spirits, or one small (4fl oz/125ml) glass of wine.

STEP #7: AVOID CANCER-CAUSING CHEMICALS

Some foods may contain cancer causing substances, and although these are usually present in trace amounts only, it’s best to reduce your exposure to them wherever possible.

As mentioned above, some carcinogens are found in meat cooked at high temperatures (e.g. barbecued or flame-grilled). Marinating meat with spices and herbs can help reduce the formation of these compounds, as does slowly cooking meat at low temperatures. Meats preserved with nitrites, smoked meat and fish may also con-tain carcinogenic compounds and are best avoided.

Another diet-related risk factor emanates from so-called aflatox-ins, toxic substances produced by moulds or fungi and found on cereal grains, legumes, seeds and nuts (especially peanuts) stored in warm, damp conditions. According to the AICR, exposure lev-els are low in Europe and Australia, higher in the US and high in many low-income countries – especially tropical regions with a warm, damp climate, poor storage facilities and incomplete afla-toxin monitoring.

To reduce potential aflatoxin exposure, buy grains and nuts (par-

ticularly corn or peanuts) from reputable sources, store them in a dry, cool place (ideally the refrigerator or freezer) and do not keep them for more than a few months before eating.

Another potentially problematic compound is bisphenol-A (BPA). It is used to make plastic containers and the linings that coat the insides of food and drink cans and is thought to act as a “xen-oestrogen” – a substance that acts like estrogen and thereby may stimulate hormone receptors on cell membranes. Moreover, even at weak concentrations BPA has been shown to block the effects of several commonly used chemotherapy agents on breast cancer cells.

Experts disagree at which concentrations BPA may be dangerous, but until more is known about safe levels, we’re best-off mini-mizing our exposure to BPA. This can be done by buying fresh, unpackaged foods and preparing meals from scratch; buying or storing food in glass or stainless steel, rather than plastic contain-ers; feeding babies with glass, rather than plastic bottles; drinking water from glass or stainless steel bottles rather than plastic; using ceramic, glass or metal bowls to prepare food (esp. if you use a microwave oven.) Instead of a plastic water kettle, use an old-fash-ioned enamel or stainless steel stove-top kettle.

–Brian Lawenda, M.D.(For more info check out: Integrativeoncology-essentials


HEALTHY LIVING Dr. Brian Lawenda, M.D.

People Care.. Not Patient Care

www.CoreRehab.com

A PARTNER FOR PROBATE – Andrew Dionne

Mrs. Smith needs an attorney to advise and assist her in settling her late husband’s estate. Aside from just legal advice, Mrs. Smith is in need of a mixture of compassion, education, and reassurance now that she’s aware of her new role as the estate’s executor. Luckily for Mrs. Smith, she already has a trusted attorney with whom her family had done business before her husband’s death. Her attorney is a probate attorney.Experienced probate attorneys can sympathize with the level of stress a situation like the one described above can put on a Mrs. Smith-like client. Probate cases often involve multiple areas of legal practice such as contract law, estate planning, and family law; how-ever, one common element of probate is real estate, and particular-ly, the sale of a real property. These sales commonly occur through

the probate court or in a transaction closely related to probate such as a trustee sale or the liquidation of real estate as part of the estate settlement process. Even the most experienced probate attorneys may have trouble from time to time organizing and overseeing the sale of real property. However, a relationship with a knowledgeable realtor can heal a lot of headaches.Relying on a realtor to list and manage the property sale can free up a tremendous amount of time for the attorney to focus on more pressing issues related to the probate process. And since, at the end of the day, everyone wants what’s best for the client, leaving the real estate work to the real estate professionals can sometimes be a probate attorney’s smartest move.

Testingconcludedat45millioncycles.ISO14242-1definestestcompletionat5millioncycles.

Replacementsurgeryisintendedtorelievepainandimprovehip/kneefunction.However,implantsmaynotproducethesamefeelorfunctionasyouroriginalhip/knee.Therearepotentialriskswithhip/kneereplacementsurgerysuchasloosening,fracture,dislocation,wearandinfectionthatmayresultintheneedforadditionalsurgery.Longevityofimplantsdependsonmanyfactors,suchastypesofactivitiesandweight.Donotperformhighimpactactivitiessuchasrunningandjumpingunlessyoursurgeontellsyouthebonehashealedandtheseactivitiesareacceptable.Earlydevicefailure,breakageorlooseningmayoccurifyoudonotfollowyoursurgeon’slimitationsonactivitylevel.Earlyfailurecanhappenifyoudonotguardyourhip/kneejointfromoverloadingduetoactivitylevel,failuretocontrolbodyweight,oraccidentssuchasfalls.Talktoyourdoctortodeterminewhattreatmentmaybebestforyou.

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VERILASTTechnologywascreatedtostanduptotheaddedwearandtearactivepatientsputontheirimplants. Infact,itwastestedfordurability9-timeslonger thantheindustrystandard.

Ifchronicjointpainiskeepingyoufrom beingtheactivepersonyouwanttobe, itmightbetimeforyoutotalktoa doctoraboutVERILASTTechnology.

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