Understanding the Impact of “Rule of Law” on Nevada Businesses

Joel W. Locke Gets the Latest at the Nevada State Bar Annual Meeting

Carson City attorney, Joel W. Locke, a partner at Allison MacKenzie Law Firm pens short series on “The Rule of Law” to help educate Nevada businesses on its impact. Locke recently attended the State Bar of Nevada Annual Meeting in Chicago, IL. The three-day event was held at the Drake Hotel on July 12th thru 14th, 2018. The meeting’s theme was “The Rule of Law” and focused on the discussion of how the legal profession has helped shape the rule in our country’s history, and its role in the future.

The annual meeting provides attorneys with insight into recent developments in law and the legal profession as well as providing a unique opportunity for attorneys to interact with expert judicial figures. One of the goals of this year’s conference was to celebrate and educate the attendees on the role that lawyers have in supporting the “Rule of Law.”

Locke’s inaugural article, The Rule of Law – Part I, was released on July 23rd, 2018 and can be found at: AllisonMacKenzie.com. Part I explores the famed McDonald’s spilled coffee case and includes a video by guest speaker, Susan Saladoff. Additional articles will be released in the upcoming weeks.

“The State Bar of Nevada’s Annual Meeting is an excellent event where I am able to further my knowledge of pressing legal issues facing my clientele as well as enjoy informative lectures and engaging discussions with renowned, high-profile speakers from across the country. Additionally, it is a unique opportunity to network with preeminent attorneys and to meet many judges from across Nevada.” Joel W. Locke stated.

Joel W. Locke joined Allison MacKenzie in 2007. A native Nevadan, Locke graduated from the University of Nevada, Reno in 2000, and then obtained his law degree from Gonzaga University School of Law in 2006. Subsequently, he was admitted to practice law in the State of Nevada in 2006. Joel’s areas of legal practice include: Family Law, Probate Law, Guardianships, Healthcare Law and more.

The Rule of Law – 2018 Annual Meeting of the State Bar of Nevada

By Joel W. Locke

Each summer, the State Bar of Nevada holds an Annual Meeting of its membership, which is comprised of Nevada licensed attorneys and members of the judiciary. The meeting offers attendees a dynamic environment of continuing legal education and networking opportunities. This year’s meeting was held on July 12-14 in the beautiful and exciting city of Chicago, and the theme of the meeting was “The Rule of Law.” One of the goals of the conference was to celebrate and educate the attendees on the role that lawyers have in supporting the Rule of Law.

I was honored to introduce one of the speakers, Susan Saladoff. Ms. Saladoff is the director, writer, and producer of the HBO Documentary hit, “Hot Coffee! Is Justice Being Served?” which premiered at the 2011 Sundance Film Festival. Ms. Saladoff is a former trial lawyer, and during her presentation, she shared her journey of making the film, how it was received, and what has happened since the film was released. She also appeared on The Colbert Report to discuss the film, as can be seen here: CC.com

The documentary is the “true story” behind the famous McDonald’s spilled hot coffee case, the news of which swept the nation at the time. While many think they know the facts behind the case (which resulted in a jury award of almost $3 million), most probably do not realize that many American companies in various industries spent millions of dollars distorting the facts of the case in order to protect against large awards in the future and to limit an individual’s access to the courts.

Ms. Saladoff’s film tells the actual facts behind the case and follows four individuals whose lives were devastated by the results of the attacks on an individual’s access to the courts. Further, Ms. Saladoff’s film challenges the assumptions that many Americans hold about “jackpot justice.”

Ms. Saladoff’s presentation was impassioned, funny, and engaging. Amazingly, only 20% of the audience had seen her documentary, which is available online and on HBO. A screening of her film followed her lecture and was well-attended. I urge you to watch her film and contrast the news media’s coverage of the case with the truth. It is startling.

Ms. Saladoff is hard at work on her next big “yet to be revealed” project. With the passion and force she puts into her work, I am sure it will be a thought provoking and entertaining success.

James Cavilia of Allison MacKenzie Law Firm was recently announced as one of the Top Attorneys in Northern Nevada by Nevada Business Magazine. Each year, the publication releases its Legal Elite list highlighting the top attorneys in the state. After an intense nomination, verification, and voting process, Jim was named as part of the 2018 Legal Elite.

The Legal Elite list includes only the top 3 percent of attorneys in the state broken down by location. In addition, Legal Elite includes special lists ranking Nevada’s best “Up and Coming” and best government attorneys. The process is rigorous and each nominee must navigate several levels of scrutiny before obtaining approval to appear on the list. After closing the nomination process, each ballot was individually reviewed for eligibility and every voting attorney was verified with the State Bar of Nevada. The Legal Elite process is now in its 11th iteration.

Jim is a partner at Allison MacKenzie and has dedicated his career to serving the communities of Northern Nevada. Jim joined the team of Allison MacKenzie in 1992. A native Nevadan, Jim Cavilia graduated from the University of Nevada, Reno, and then obtained a law degree from Santa Clara University School of Law in 1990. Jim was admitted to practice in Nevada in 1990, and in California in 1991. His areas of practice include real estate development law, land use, real estate transactions, administrative law, business law, and water rights law.

Further, Jim is involved with a number of professional organizations including the Washoe County Bar Association, First Judicial District Bar Association and the State Bar of Nevada. His dedication to the local community is evidenced by his participation with the Catholic Diocese of Reno School Board, St. Teresa of Avila Catholic School Finance Board, Northern Nevada Development Authority Board of Directors, the Boys’ and Girls’ Club of Western Nevada Board of Directors from 1994 through 2003, Catholic Community Services of Northern Nevada Board of Trustees, and Bishop Manogue High School Board of Regents.

Congratulations to Jim and all of the distinguished attorneys featured among the 2018 Legal Elite.

Jennifer McMenomy Joins Allison MacKenzie Law Firm as New Associate Attorney

Allison MacKenzie Law Firm is pleased to announce the hiring of Jennifer McMenomy as an associate attorney, effective May 7, 2018. A Carson City native and former Policy Analyst for the Nevada State Legislature – State Assembly, Jennifer joins the law firm and will focus her practice on Administrative Law, Government Affairs, Family Law, Estate Planning, Guardianship, and Probate Law.

After graduating from Galena High School, Jennifer received her undergraduate degree in 2010 from the University of Nevada, Reno. Pursuing a law degree, she attended Western State University College of Law in Fullerton, California where she graduated in 2014.

After graduation, Jennifer obtained her law licensing in both California (2015) and Nevada (2016). She was also employed as a Government and Regulatory Affairs Analyst for a solar energy company and worked as an attorney in the San Francisco Bay Area before returning to Northern Nevada.

Commenting on her new association, Jennifer had this to say, “Allison MacKenzie Law Firm is a prestigious and respected organization led by some of the most professional and well-versed attorneys in the country. I was taken in by the firm’s commitment to family and the community. I am delighted to return to the area and join such an outstanding firm.”

Jennifer was drawn to the legal profession as a youngster when she read To Kill a Mockingbird. She began to explore advocacy through the courts and helping others as a career choice. Jennifer is an advocate of civil rights and fair trial proceedings.

Jennifer resides in Reno with her husband and is expecting her first child. She spends her free time running with her four-legged partner named Scout, a German Shepherd, and enjoys time with family, baking, and reading. Committed to empowering youth, for the past 2 years, Jennifer has been a judge for the annual “We the People” competition, an organization promoting civic competence and responsibility among upper elementary and secondary students.

The talented legal team of Allison MacKenzie is pleased to welcome Jennifer to the organization. The firm is confident she will provide exceptional service to the firm’s clients.

For more information about Allison MacKenzie Law Firm, visit www.AllisonMacKenzie.com or call 775.687.0202.

See the article at CarsonNow.org

Ryan Russell

Ryan Russell is a Carson City native and fourth generation Nevadan. After graduating from Carson High School, he earned a Bachelor of Science degree in Business Administration from the University of Nevada, Reno. He went on to obtain a law degree from the William S. Boyd School of Law at the University of Nevada, Las Vegas.

He was admitted to practice law in Nevada in 2003 and joined Allison MacKenzie Law Firm in 2004. Ryan’s areas of practice have focused on litigation, administrative law, and business law.
Currently, he serves as a Judge Pro Tem (substitute judge) for the Carson City Justice and Municipal Court, and serves as Carson City’s representative on the State Bar of Nevada’s Board of Governors.

Ryan’s impressive legal advocacy has been recognized by Legal Elite – Nevada Business Magazine in 2012, 2013 and 2017. Further, in 2013, Volunteer Attorneys for Rural Nevadans honored him with the award for Outstanding Service for the Lawyer in the Lobby Project. He is AV® Preeminent™ Peer Review Rated by the Martindale Hubbell Law Directory and his Avvo rating is 10, the highest possible.

Ryan has felt the calling to be a judge since he was an extern with Judges Griffin and Maddox after his first year of law school. This goal has only strengthened over time, especially through his experiences as a Judge Pro Tem on the bench in the position he seeks to fill. Ryan stated, “I have learned that the role of the judge is a humble and critical one which can only be filled properly with an eye toward the rule of law and the fundamental principle of justice.”

By serving on the bench, Ryan hopes to be part of furthering the safety and vitality of the community by ensuring the court is run expeditiously, fairly, and evenly, with each individual in the courtroom afforded the respect and decorum of the court itself.

In relation to Justice of the Peace position, Ryan believes that the biggest issue facing the community is that of addiction. “Addiction is at the core of many crimes, and certainly at the core of repeat offense, and even is an issue in many civil matters. Our court, through a comprehensive team approach in both misdemeanor addiction court and mental health court, is taking huge strides to address the fundamental issue of addiction. The successes of such programs are reducing recidivism; and thus, improving our community,” Ryan said.

Additionally, Ryan volunteers for the Boys and Girls Club of Western Nevada where he served as President of the Board of Directors, in 2009, and is an active member of the Carson City Rotary Club.

Russell resides in Carson City with Sarah, his wife, and their three children.

Ryan Russell

Allison MacKenzie partner Ryan Russell will be one of this year’s celebrity waiters at the 2018 Have a Heart Celebrity Waiter Fundraiser Dinner. The event is scheduled for Saturday, May 19th at Glen Eagle’s Restaurant and Lounge located at: 3700 N Carson St. in Carson City, Nevada.

The Have a Heart Celebrity Waiter Fundraiser Dinner is just one of the many outstanding events organized by local charity, Friends In Service Helping (FISH). FISH provides food, clothing, shelter and medical aid to the homeless and hungry within our community, with the objective to provide programs and referrals to families and individuals so that they may become self-sufficient.

Ryan will be working along with other local notables, including KOLO 8 Meteorologist Jeff Thompson, and competing for tips to help raise money to provide services for the local homeless and hungry population.

“I am honored to be able to help FISH by being a waiter at the Have a Heart Celebration. The mission of FISH is honorable and a direct benefit to the community I love and hope to serve into the future,” said Ryan Russell about his upcoming volunteer opportunity.

In addition to volunteering for this event, Ryan is active with Carson City Rotary Club and the Boys and Girls Club of Western Nevada where he served as President of the Board of Directors in 2009.

Event seating is limited and available at 5:00 pm and 7:30 pm. Dinner tickets are $65 per person or $500 for a table of 8. A no host cash bar is available. Tickets can be purchased at: NVFish.com. For more information, contact FISH: 775.882.FISH or [email protected].

Local Attorney Serves on Council to Give Back to the Legal Profession and the Community

Allison MacKenzie Law Firm is pleased to announce Joel W. Locke, a partner at Allison MacKenzie Law Firm in Carson City, Nevada, has been elected as a member of Nevada State Bar Family Law Executive Council. He was nominated and elected into the position at the Annual Family Law Conference held in Bishop, CA on March 1 and 2, 2018. Members of the council help promote the integrity of the legal profession, encourage professional growth and provide the opportunity to give back to the community.

Allison MacKenzie attorneys Joel W. Locke and Kyle A. Winter, were both in attendance at the annual Family Law Conference. The event sponsors numerous sessions aimed at furthering knowledge in matters affecting Family Law. Topics span a variety of issues such as: family law practice updates, law practice management, transgender and child custody issues, tax issues impacting divorce, and domestic violence.

“I find the Family Law Conference enlightening. Presentations have real world practicality and provide strategies and ideas of how to become a more effective attorney and litigator. It also encourages communication between judges and other attorneys outside of the courtroom setting,” Kyle Winter stated.

On his nomination and election to Family Law Executive Council, Joel Locke had this to say, “I am honored to serve on the council and look forward to having the opportunity to give back to both my profession and the community I serve.”

Joel W. Locke joined Allison MacKenzie in 2007. A native Nevadan, Joel Locke graduated from the University of Nevada, Reno in 2000, and then obtained his law degree from Gonzaga University School of Law in 2006. Subsequently, he was admitted to practice law in the State of Nevada in 2006. Joel’s areas of legal practice include: Family Law, Probate Law, Guardianships, Healthcare Law and more.

Allison MacKenzie Law Firm is proud of Joel’s nomination and election to serve on this worthwhile council. The firm remains dedicated to civic service and encourages its team of talented attorneys and staff to support area non-profits and community minded organizations.

Understanding the Legality of Digital Data Storage in Nevada

Societal attitudes toward digital information have dramatically changed over the last decade, and continue to change. This change was succinctly demonstrated in an exchange I recently overheard:

Q: “Do you have a hard copy of that document?”
A: “Yeah, I have a PDF.”

How many emails are in your mailbox right now? Not just unread ones, all of them, including the ones in your Sent folder. Multiply that by the number of employees, and you can see that the volume of electronic records your business is accumulating quickly becomes staggering.

Word files, spreadsheets, emails, texts, and instant messages now dominate our work and our communications. Billions of electronic records can be inexpensively stored on a device that fits in your pocket. As the cost of data storage declines, the number of records that are being stored indefinitely continues to soar.

All of these electronic files or records are treated by the courts exactly the same as good old-fashioned paper documents. That means that if your business is sued, it must not only retain those electronic records, but it will very likely have to produce a great number of them to the opposing party. “Electronically stored information,” or ESI, includes all forms of electronic data that is relevant or potentially relevant to the lawsuit. This means word processing files, databases, emails, and even the text messages on your phone.

Does your business have the capability to reliably gather all of those records, review them, and produce them in a lawsuit? Litigation is already expensive, but the sheer volume of these documents has caused the cost of litigation to skyrocket because of the difficulty that is often involved in finding, reviewing and producing such a large number of records.

See the complete article at: Northern Nevada Business Weekly.

Kevin Benson is an associate with Allison MacKenzie Law firm with primary focus in the areas of civil litigation, appeals, administrative and regulatory matters, election law, and ballot measures. He is a native Nevadan and former Senior Deputy Attorney General for the state.

Are you in compliance with the Pregnant Workers’ Fairness Act?

If you are an employer in Nevada, you probably are well aware that federal law prohibits you from discriminating against employees and/or potential employees on the basis of pregnancy or a pregnancy-related condition. Additionally, you probably already understand that you are required to provide reasonable accommodation to such employees. However, many employers are unfamiliar with the Nevada Pregnant Workers’ Fairness Act of 2017, adopted during the 2017 legislative session, and its impact on interactions between employers and such employees. In this article, we will review the underlying federal law establishing the baseline for interactions with employees who are pregnant, or suffering from pregnancy related conditions, and discuss how the Act, which went into effect on Oct. 1, 2017, differs from prior law.

In 1978, Congress enacted the Pregnancy Discrimination Act of 1978 (PDA) which expanded protections to pregnant workers provided under Title VII of the Civil Rights Act of 1964. The PDA makes it unlawful for an employer to discriminate against an employee on the basis of pregnancy, childbirth or a related condition.

Subsequently, in 1990 Congress enacted the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees suffering from a disability. Congress further expanded protections under the ADA in 2008 by requiring employers to accommodate temporary disabilities. While pregnancy is not classified as a “disability,” if a pregnancy, or related condition, impairs a woman’s ability to complete her essential job functions, under the 2008 amendment an employer is required to provide reasonable accommodation to assist the employee in completing her essential job functions. Under the ADA, an employer, and not the employee, is given the authority to select the accommodation. Accordingly, where an employer offers a reasonable accommodation to an employee, the employee must prove that the accommodation is unreasonable to successfully challenge the employer’s accommodation.

The 2017 Nevada Pregnant Workers’ Fairness Act significantly expands protections for pregnant workers, and workers suffering from pregnancy related conditions in Nevada. Specifically, the Act makes it unlawful for an employer who is covered under the Act to engage in any of the following actions against a female employee who is pregnant, or suffers from a pregnancy related condition:

Refuse to provide a reasonable accommodation to the employee.
Take an adverse employment action against the employee.
Deny the employment opportunity to the employee, if she is qualified for the opportunity.
Require the employee to accept an accommodation that she did not request or choose.
Require the employee take leave from employment, if a reasonable accommodation is available and would allow the employee to remain at work.

Additionally, employers should be aware that their current compliance with federal law, will not ensure compliance with the Nevada Pregnant Workers’ Fairness Act. Specifically, there are four important distinctions between what is required under federal law and what is required under the Act. These differences are:

Federal Law is not gender specific. However, the Act only applies to female employees.
Under federal law, the employer determines what accommodation is reasonable and may require the employee to use an accommodation selected by the employer. Further, an employer could require an employee to take leave as an accommodation. Under the Act, an accommodation may not be imposed on an employee without her consent, and an employer may not require an employee to take leave. Therefore, under the Act, generally, the employee, and not the employer, chooses her accommodation.
Under federal law, an employee may be required to submit a doctor’s certificate establishing that she indeed has a recognized disability and needs accommodation. However, under the Act, the employer may not require an employee to submit an ADA compliant doctor’s certificate. Instead, an employer may only require the employee to provide an explanatory statement from a physician concerning a recommended accommodation.
Finally, under federal law, a “disability” is a defined term, and is limited to physical or mental impairments that substantially limit a major life activity. Accordingly, in order to qualify for accommodation under federal law, an employee must be able to prove that he or she suffers from a condition which “substantially limit[s]” one or more major life activity. Under the Act, there is no such limitation to finding an employee suffers from a condition triggering the right to accommodation. Instead, the Act only requires the employee to assert that she is pregnant, or has “any medically recognized physical or mental condition related to pregnancy, childbirth or recovery from pregnancy or childbirth” in order to obtain accommodation from her employer.

Employers should be cognizant of these changes, and the differences between federal and state law. Further, employers should consider seeking competent legal advice should they have any questions concerning compliance with the Act.

See the article at: Northern Nevada Business Weekly

Jordan Walsh is an associate with Allison MacKenzie Law Firm with primary practice in the areas of Labor and Employment Law. Jordan is admitted to practice in Nevada and California.