Puslished in the Business Law Guide, October 2008

When the economy is strong and business is zooming along, it’s the exception rather than the rule when a company or individual is required to take action against a delinquent tenant or pursue collection of past due rents or monies owed them.

read more debt-collection-in-a-downturn

Published in Nevada Gaming Lawyer, September 2008

Introduction: The Casino Entertainment Tax - The Precursor to Nevada’s Live Entertainment Tax

Many tourist destination attempt to increase interest by labeling themselves with an interesting moniker or by creating an interesting and kitschy attraction. Mitchell, South Dakota is famous for its Corn Palace, . . .

read more Nevada’s-live-entertainment-tax-its-history-and-applicability

If you ever email messages that contain a customer’s name and social security number, you need to encrypt that information prior to sending it.  A new Nevada law went into effect that could change the way your business handles emails and other electronic data.  The law, generally intended to protect against identity theft, places a requirement that “a business in this State shall not transfer any personal information of a customer through an electronic transmission other than a facsimile to a person outside of the secure system of the business unless the business uses encryption to ensure the security of electronic transmission.” SB 347 codified as NRS 597.970.

What is “personal information”? As defined in NRS 603A.040, personal information means a person’s name in combination with:
(1) a social security number, or
(2) a driver’s license number, or
(3) a bank account, credit or debit card number in combination with a code that would allow access to the person’s financial account.  This means that a combination of a person’s name and any of information listed above should never be sent in an email or other electronic transmission that is not properly encrypted. 

Companies that use email to send customer billing information, credit card or bank account information (eg. related to a purchase), or, exchanging credit information, loan applications,  or other financial information are particularly at risk.  It is not uncommon at all to exchange this kind of information with new or long time customers.  Make sure your outgoing email, or the sensitive information, is encrypted when you send it out.   This may be as simple as password protecting your documents, or adopting a secure and encrypted email arrangement for key customers with whom you exchange this information on a regular basis.  Your website capture of credit card or ordering information should already be using Transport Layer Security (TLS) or its predecessor, Secure Sockets Layer (SSL), commonly noted by the locked padlock in the lower corner of the web page.  Both utilize encryption to protect the data from discovery if intercepted.

The new law, originally adopted in 2005, but with a delayed start date, is a part of a larger effort to protect Nevadans from identity theft and punish parties that are involved in stealing personal financial information.   NRS Chapter 603A contains a variety of consumer protections and remedies.  http://www.leg.state.nv.us/NRS/NRS-603A.html  For example, the law states that businesses which collect personal information must follow certain procedures to keep information secure and to destroy that information after it is no longer needed.  Additionally, a company that has a security breach must disclose that fact to any person whose unencrypted information may have been compromised.   You certainly do not want to be the business that needs to contact your customers with that information, or worse, to have to publicly disclose it to reach a broader legally-required audience.

The direct penalties for failing to comply with the new standards for safekeeping personal information can also be steep.  Violation of a legal standard established to prevent injury is one of the quickest ways to subject yourself to a negligence judgment. (See eg. Atkinson v. MGM Grand Hotel, Inc. 120 Nev. 639 (2004).  In addition to a potential lawsuit, your company may be subject to a temporary or permanent injunction brought by the Attorney General or the District Attorney.  Even worse, if you find the thief, your failure to comply with NRS 603A may well prevent you from being entitled to full restitution from the party responsible for the security breach.

For more information on this new law or any other laws affecting your business, please contact us at any of our statewide offices. And remember, encrypt that personal information.

 
The Best Lawyers in America® ranks Kummer Kaempfer #1 in Nevada
for corporate law, energy law, government relations law,
land use and zoning law and mergers and acquisitions

Prestigious publication selects 14 Kummer Kaempfer attorneys as leaders in their practice areas; Robert L. Crowell recognized for being a Best Lawyer for at least 10 years

LAS VEGAS – The 2009 edition of The Best Lawyers in America® has selected Kummer Kaempfer Bonner Renshaw & Ferrario (Kummer Kaempfer) as the state’s top law firm for land use and zoning law, mergers and acquisitions, government relations law, energy law and corporate law.  The esteemed publication named the following attorneys as best in their fields: 

Thomas D. Amick, partner – Land Use & Zoning Law
Michael J. Bonner, managing partner – Corporate Law, Gaming Law and Mergers and Acquisitions Law
John N. Brewer, partner – Corporate Law
Robert L. Crowell, partner – Energy Law and Government Relations Law
Kathleen M. Drakulich, partner – Energy Law
Mark H. Fiorentino, partner – Government Relations Law and Land Use & Zoning Law
John W. Griffin, associate – Government Relations Law
Robert J. Gronauer, partner – Land Use & Zoning Law
Christopher L. Kaempfer, partner – Government Relations Law, Land Use & Zoning Law and Real Estate Law
Neal A. Klegerman, of counsel – Corporate Law
Thomas F. Kummer, partner – Commercial Litigation
Jennifer J. Lazovich, partner – Government Relations Law
Russell M. Rowe, partner – Government Relations Law
Steven E. Tackes, of counsel – Energy Law

“We are pleased to add four attorneys to our growing list of recipients for this prestigious national recognition,” said Michael Bonner, managing partner of Kummer Kaempfer. “Having Neal Klegerman, Jennifer Lazovich, Russell Rowe and John Griffin recognized this year by their peers and colleagues is not only a great honor for them, but for the firm as well.  We are extremely proud of them.”  

In addition to the Nevada standings, Kummer Kaempfer is ranked number one in Carson City for energy law and government relations law, and in Las Vegas for corporate law, government relations law, land use and zoning law and mergers and acquisitions law. 

“We are gratified and honored to be recognized by our peers and colleagues in the state of Nevada and beyond, especially in our growing energy practice which has risen to number one in three short years,” said Bonner. “Kummer Kaempfer continues to strive to be the very best in all we do.” 

Inclusion in Best Lawyers is based entirely on peer review. The publication has been a leading referral guide in the legal industry for 26 years. The print edition of The Best Lawyers in America 2009 is scheduled to be released in December 2008.

Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. A lawyer can be nominated to Best Lawyers in several ways.  All of the lawyers in the previous edition of Best Lawyers are automatically nominated into the next edition and voting lawyers are asked to nominate lawyers who have not yet been nominated.  Best Lawyers then contacts all attorneys in each state and asks them to vote on the nominees by answering the same question, “If you could not handle a case yourself, to whom would you refer it?” 

The 15th edition of The Best Lawyers in America (2009) was based on more than 2.2 million detailed evaluations of lawyers by other lawyers and included over 33,500 attorneys in 80 specialties, covering all 50 states and the District of Columbia.  More information can be found at www.bestlawyers.com.

Kummer Kaempfer is a prominent force in Nevada, serving local, regional, national and international clients in the real estate development, hospitality, gaming, manufacturing, service, high-technology, and energy and utilities industries. Founded in 1994, Kummer Kaempfer is one of Nevada’s largest law firms, specializing in complex corporate transactions, federal and state securities matters, commercial litigation, zoning and land use and regulatory law. 

With offices in Las Vegas, Reno and Carson City, Kummer Kaempfer’s lawyers provide counsel to top corporations, business owners, corporate executives and individuals. Kummer Kaempfer is the Las Vegas member of Meritas, an affiliation of outstanding business law firms that serve international customers worldwide.  For more information about Kummer Kaempfer, call (702) 792-7000 or visit www.kkbrf.com.  Kummer Kaempfer Bonner Renshaw & Ferrario, Ltd. is a Nevada professional corporation. 

Presently, the County is beginning in the process of a major update to the Enterprise planning area. This planning area is generally located in the southwest part of the Las Vegas Valley south of the southern 215 Beltway and west of Bermuda and shown in more detail by clicking on this link- http://gisgate.co.clark.nv.us/gisplot_pdfs/cp/entplu.pdf.  A community workshop regarding the major update to the Enterprise land use plan is scheduled for Saturday, October 18, 2008 from 10:00 am to 12:00 noon at the Clark County Government Center cafeteria.  The October 18th community workshop will unveil the draft plan and residents and property owners are permitted to offer comments and suggestions to the draft plan. There will be at least one additional community workshop and then the plan will be considered through the public hearing process.

The public hearing process includes the following steps:

1.      Review, comment and recommendation by the Enterprise Town Advisory Board

2.      Review, comment and recommendation by the Clark County Planning Commission

3.      Review, comment and vote by the Clark County Board of County Commissioners

4.      Confirmation by the Clark County Planning Commission

In the late fall of 2008, the County will commence with a major update to the land use plan for the Spring Valley planning area.  This planning area is generally located in the southwest part of the Las Vegas Valley and is bounded by Sahara Avenue, Windmill Land, Decatur Boulevard and Hualapai Way and shown in more detail by clicking on this link- http://gisgate.co.clark.nv.us/gisplot_pdfs/cp/spvplu.pdf.  The process will follow the same steps as the Enterprise Land Use plan update described above, with the exception of the location of the community workshops and the appropriate Town Advisory Board reviewing, commenting and making a recommendation on the proposed plan to the Clark County Planning Commission. 

In the summer of 2009, the County will commence with a major update to the land use plan for the Winchester/Paradise planning area. This planning area is generally located in the central and southeast part of the Las Vegas Valley and is generally bounded by Sahara Avenue, Silverado Ranch Boulevard, Nellis Boulevard and Decatur Boulevard and shown in more detail by clicking on this link- http://gisgate.co.clark.nv.us/gisplot_pdfs/cp/wp_plu.pdf.  The process will follow the same steps as the Enterprise Land Use plan update described above, with the exception of the location of the community workshops and the appropriate Town Advisory Board reviewing, commenting and making a recommendation on the proposed plan to the Clark County Planning Commission.

If you own property in any of these planning area and you are interested in requesting a change to the current land use plan category for your property, please contact our office to set up an appointment to discuss this matter further. Please contact Liz Sorokac or Tony Celeste by telephone at (702) 792-7000.