The Attorneys
I am a long-time trial lawyer with a penchant for complex civil litigation. The cases I like the most are those that introduce me to new industries or fields of endeavor and that put a premium on preparation and efficiency. To litigate these cases requires an in-depth personal knowledge of all the facts, the witnesses, and the law. It keeps the mind and spirit wonderfully engaged.
In recent years, I was involved in a very protracted proceeding opposing a project to transfer huge amounts of water from northern Nevada to Las Vegas. In 1989 the predecessor to the Southern Nevada Water District tried to tie up all of the unappropriated groundwater in northern Nevada for the benefit of Las Vegas. Ultimately, this led to a plan to extract massive amounts of water and pipe it hundreds of miles to Clark County, Nevada, at a projected cost of $15 billion.
The Cleveland Ranch, which was a part of the Church of Jesus Christ of Latter-Day Saints, sat atop the principal aquifer imperiled by the plan. I was retained to oppose the plan. The State Engineer had already approved the plan, but those proceedings were reopened. A six-week hearing before the State Engineer was followed by a judicial review at the district court and proceedings in the Nevada Supreme Court, resulting in a remand to the State Engineer. After another round of hearings and judicial review, our client prevailed, and SNWA abandoned the program.
A crash course along the way in geology and hydrology culminated in my being able to pronounce “facultative phreatophyte.”
For several years, I was involved in cross-border litigations involving 10,000 acres of development property in Baja, California. I conducted extensive litigation in Nevada and coordinated with the efforts of an excellent Mexican attorney who safeguarded the clients’ interests there.
I represented the federal receiver of failed financial institutions in litigation over large fraudulent investment packages foisted upon financial institutions that probably should have known better. One such case turned into a five-and-a-half-month jury trial.
I handled serious disputes among second-generation siblings over the fate and direction of very substantial family businesses and fortunes. In each case, the first generation had created business empires of great value. Unfortunately, they each passed away without a structure that would prevent irreconcilable conflicts among the next generation.
Boxing often generates intense litigation in a highly compressed timeline with a big emphasis on injunctive relief. Las Vegas has always been a popular venue for big fights. This has given me opportunities to represent some of the best-known boxing promoters and boxers.
Disputes among real estate developers are not uncommon. That led to my representing some major national development companies in extensive litigation over ownership of property and the failure of joint venture projects.
I defended a manufacturer of medical implant devices. In one case, a whole knee replacement patient had a left knee joint incorrectly inserted into his right knee. The subsequent corrective surgeries led to further injuries and very significant damage claims. In another case, an orthotic device was prescribed with possibly insufficient instruction and ultimately caused significant injury to a patient.
There was a time when mold was the subject of a lot of fear and lawsuits. The molds themselves are commonplace in our environment, but there was a concern that any concentration of molds in an enclosed environment could cause significant health issues. In time, the evolving science undercut the more extreme claims. I successfully defended substantial wrongful death and personal injury claims arising from the exposure of ministers to mold in their church.
I conducted an arbitration that resulted in an award, and then a judgment, of over $28,000,000 to my construction company client against a subsidiary of the Diocese of Las Vegas, the owner of the Bishop Gorman High School facility which my client built. After some protracted bankruptcy proceedings, my client was able to get paid.
On October 7, 2021, Sapa, an international manufacturer of highly sophisticated aluminum alloys, entered into a multi-million-dollar settlement with the U.S. government. For years, a division of Sapa had been deliberately falsifying test results for specialized alloys sold to governments and private companies. Defective aluminum supplied by Sapa caused the loss of two NASA satellites at a cost of over $700,000,000. The substandard aluminum alloy produced by Sapa also harmed a Nevada company. I handled the litigation for that company and the subsequent substantial settlement.
For many years, I was a member of the State Bar Ethics Committee. I occasionally write and lecture on trial techniques, legal ethics and the avoidance of malpractice claims. I am now a member of the State Bar Ethics Committee and occasionally write and lecture on trial techniques, legal ethics, and the avoidance of malpractice claims. Once in a while, I act as an expert witness on ethical and malpractice issues.
I am a Fellow in the American College of Trial Lawyers, a professional association of lawyers and judges particularly skilled in trial practice. Membership in the American College of Trial Lawyers is by invitation only and is limited to not more than one percent of the lawyers licensed to practice in a state.
I have been listed in the Best Lawyers in America for more than 30 years in categories including “Bet the Company Litigation,” commercial litigation, banking and finance litigation, construction litigation, and real estate litigation.
For a number of years, I have been recognized by Chambers & Partners for expertise in a broad range of complex commercial disputes. I am listed in Nevada Super Lawyers for business litigation and have an AV rating from Martindale Hubble.
I was a Sergeant in the United States Marine Corps Reserves. This is where I learned about the sensitive, caring side of management.
I studied mechanical engineering at the University of Illinois. To date, I blame quantum mechanics for my winding up with a Bachelor’s degree in accounting from the University of Wisconsin. That, in turn, led to a law degree from the University of Wisconsin in January of 1972. But my real education began when I joined Lionel Sawyer & Collins in the spring of 1972 and had the opportunity to work and learn under the tutelage of the legendary Sam Lionel.
I am an avid reader, principally of history, science fiction, and mysteries.
I held a United States Coast Guard license to operate commercial vessels up to 100 tons. As many boat owners who do their own maintenance must be, I am a certified scuba diver. In the rest of my spare time, I try to convert various hardwoods into furniture in my woodshop. Even though I have been doing this for decades, I still have all my digits (but a few scars). My wife and I enjoy subjecting houses to extensive remodeling. Swinging a sledgehammer releases a lot of tension.
I was born in 1945 in Brooklyn, New York. In 1967 I married Charlotte Hejmanowksi, née Werth. Together we produced two sons, both of whom became lawyers. Each son was responsible for a fine granddaughter. Symmetry seems to rule.
I was born in Cleveland, Ohio. My parents moved us West at a very early age, and I grew up in Las Vegas. I attended elementary school through high school here and ultimately received my undergraduate degree from the University of Nevada, Las Vegas. Afterward, I matriculated at the California Western School of Law in San Diego. There, I served as Lead Articles Editor for the Law Review and graduated magna cum laude.
From law school, I accepted a one-year clerkship with Justice David Zenoff of the Nevada Supreme Court sitting in Carson City, Nevada. At the end of the clerkship, I joined Nevada’s largest private law firm at the time, Lionel Sawyer & Collins, and returned to Las Vegas. Shortly after joining the firm, it opened an office in Reno, where I moved to assist in that effort, returning to Las Vegas once the office was established.
After over a decade as a partner in the Lionel firm, I decided to try something different and joined Mikohn Gaming Corporation as its General Counsel. Mikohn, a worldwide supplier of gaming equipment with offices in the U.S., Europe, South America, and Australia, afforded me the opportunity to travel quite extensively. My work at the company involved negotiating and drafting contracts of many types with vendors, customers, consultants, lenders, inventors, and others. It also involved negotiating and drafting contracts for the acquisition and disposition of businesses, business units, and business assets, including a large number of intellectual property transactions. I drafted many form contracts for the company’s use in repetitive transactions. A substantial portion of my time was devoted to regulatory compliance (primarily gaming and SEC), overseeing litigation, and the work of the corporate secretary. During my tenure at the company, I served on the company’s Executive Committee and chaired the Compliance Committee.
In 2003, I left Mikohn to return to private practice. Since then, my focus has been on complex commercial litigation and corporate, business, and gaming law. In the last several years, I have handled a number of cases involving management control issues and business break-ups, a practice area that I particularly enjoy.
I pride myself on developing solid working relationships with my clients, as well as a thorough understanding of each client’s needs and objectives from both a legal and business perspective.
Significant cases I have handled include:
Representation of minority shareholders to force inspection of corporate records and to compel a shareholders meeting.
Representation of a large lender who obtained majority control of a corporation through enforcement of a stock pledge agreement securing a personal guaranty and thereafter replacing the board of directors and corporate management.
Representation of a large regional high-end shopping mall in an action against a tenant-nightclub to terminate a lease based on security issues related to the nightclub’s clientele.
Representation of one of four equal partners, all brothers, in the dissolution of a family partnership owning more than 100 shopping centers.
Representation of a landlord in a multi-million-dollar toxic mold case.
Representation of a large resort/casino in an action against a nightclub to prohibit the nightclub from offering entertainment that violated lease provisions prohibiting “obscene, nude or semi-nude performances” or other “adult entertainment.”
Representation of a large resort/casino in an action against a tenant-nightclub to terminate a lease for failure to timely complete tenant improvements and commence operations.
Representation of a large minority shareholder against a large resort/casino attempting to forcefully redeem the client’s shares for alleged activities deemed unsuitable by gaming regulators.
Representation of a developer of a billion-dollar condominium/entertainment venue to specifically enforce a letter of intent to purchase real property (golf course) adjacent to the venue.
Representation of a mezzanine hard-money lender in an action by multiple purchasers of a failed condominium project for fraud and securities law violations.
Representation of an insurance company lender in an action brought by co-lenders for fraud and conspiracy involving failed multi-billion-dollar casino/resort.
Representation of a foreign corporation hosting online casino websites sued under the Lanham Act by a major international casino operator.
Representation of an operator of interactive amusement experiences in a contract dispute with the designer and developer of a popular multi-sensory interactive amusement attraction.
Representation of a developer and lessor of commercial and government facilities in a multi-million dollar dispute over the valuation of a large built-to-suit government facility pursuant to a long-term lease option agreement upon exercise of the option to purchase by the lessee.
Representation of the owner of a large parcel of undeveloped land located on the Las Vegas Strip in a condemnation action by the State of Nevada over the relocation of high-voltage electrical transmission lines.
Representation of a foreign telecommunications company -sued for alleged breach of an acquisition agreement – to enforce an arbitration provision requiring the parties to arbitrate the dispute in London under UK law pursuant to the Rules of the London Court of International Arbitration.
Representation of a U.S. pharmaceutical company and its board of directors in a shareholder class action lawsuit seeking to enjoin the enforcement of licensing, marketing, and service agreements made by the company with foreign entities alleged to be unfair to the company’s minority shareholders.
Representation of a Nevada corporation and its Delaware subsidiary in an action brought by the company’s largest shareholder seeking to inspect, copy and audit both companies’ corporate and financial records for multiple years.
I have held an AV rating from Martindale-Hubbell for over 25 years. Since 2010, I have been recognized in The Best Lawyers in America in six categories:
- Bet-the-Company Litigation
- Commercial Litigation
- Corporate Law
- Litigation – Intellectual Property
- Litigation – Real Estate
- Litigation — Labor & Employment
In 2016 and again in 2019, I was named by The Best Lawyers in America as “Lawyer of the Year – Las Vegas” in Litigation – Real Estate and in 2019 as “Lawyer of the Year – Las Vegas” in Litigation – Intellectual Property. I am also recognized by Super Lawyers – Mountain States Region in Business Litigation.
- California Western School of Law, J.D., magna cum laude
- Member, Board of Editors, California Western Law Review
- University of Nevada, BS Business Administration
- Member, Clark County Bar
- Member, State Bar of Nevada
- Member, Board of Trustees, International Association of Gaming Attorneys, 1999-2003
- Lawyer Representative to the U.S. District Court for the District of Nevada 2011 – 2014
- State Bar of Nevada
- State Bar of California (Inactive)
- U.S. District Court, District of Nevada
- Ninth Circuit Court of Appeals
- United States Supreme Court