Fennemore Craig P.C. Proposal 09-27-16
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Overview of Qualifications Presented to: Nevada Affordable Housing Assistance Corporation Overview of Fennemore Craig Fennemore Craig is an innovative law firm leader helping clients meet the challenges of an ever- changing business environment. Fennemore Craig has nearly 200 lawyers with offices in Las Vegas Reno, Phoenix, Tucson, Nogales and Denver. With a heritage of more than 130 years of service to clients, we pledge to treat every client relationship with integrity and respect. We strive to provide value for each matter we undertake, delivering solutions vital to the growth and prosperity of our clients. We view every client relationship as one for the long term. Our attorneys are excited to support the mission of the Nevada Affordable Housing Assistance Corporation (NAHAC) which helps Nevada homeowners struggling to pay their mortgages due to financial hardships. During the past 10 years, an explosion in the level of regulation and scrutiny of tax-exempt organizations by the IRS, Congress, state regulators, watchdog groups, and the media requires nonprofit leaders to be more transparent and to adhere to evolving best practices and continually changing laws and regulations. The depth and collective years of experience of the lawyers in Fennemore Craig’s Nonprofit and Tax-Exempt Organizations practice have represented many of the nonprofit and tax-exempt organizations that have shaped the nonprofit landscape in the Southwest. The nonprofit and tax-exempt sector is broad and diverse, and Fennemore Craig’s clients reflect this diversity. Fennemore Craig’s tax-exempt and nonprofit clients include community and other grant- making foundations; hospitals and healthcare providers; trade associations; nationally and internationally federated organizations; churches and other religious institutions; arts organizations and museums; public, private and charter schools; colleges and universities; supporting organizations; social welfare organizations; organizations involved in lobbying and political activities; veterans organizations; and tribal and governmental entities. We have a focused niche practice; however, as part of a full-service firm with offices in Las Vegas and Reno and across the Mountain West, we are able to coordinate legal services across the full spectrum of our client’s legal needs. In consultation with attorneys from our corporate, mergers and acquisitions, real property, labor and employment, estate planning, intellectual property, employee benefits, tax and other practice groups, we offer a coordinated approach to providing legal services to our nonprofit and tax-exempt clients. We even act as outside general counsel for a number of our clients providing a coordinated, seamless approach to solving their legal issues. Nonprofit and Tax-Exempt Organizations Practice Fennemore Craig has represented many of the nonprofit and tax-exempt organizations that have shaped the Southwest for decades. Now more than ever, tax-exempt organizations face a high level of regulation and scrutiny. Escalating oversight from the IRS and Congress, state regulators, watchdog groups, and the media require nonprofit leaders to run a gauntlet of changing law and regulations. At the same time, tax-exempt organizations are expected to be more transparent than ever before and to adhere to evolving best practices. A Dedicated Team The lawyers in Fennemore Craig’s Nonprofit and Tax-Exempt Organizations law practice are committed to representing nonprofit and tax-exempt clients on a daily basis, not as a side practice. Our depth and collective years of experience representing nonprofit and tax-exempt organizations is unsurpassed in the Southwest. Recognized Excellence Our Nonprofit and Tax-Exempt Organizations practice group includes members of Best Lawyers in America, Southwest Super Lawyers, the American College of Tax Counsel and the American College of Trust and Estate Counsel. The partners in the practice are “AV” rated attorneys by Martindale Hubbell (the highest rating available), which signifies substantial experience and recognition by one’s peers for professional accomplishment. General Corporate and Commercial Law Fennemore Craig regularly counsels clients on a broad spectrum of general corporate and commercial matters, such as negotiating and drafting agreements, the formation of business entities, board of directors responsibilities, shareholder rights, and employment issues. Corporate Governance Fennemore Craig advises clients on a variety of corporate governance issues, including Sarbanes- Oxley compliance, corporate compliance programs, and internal investigations. Contracts and Leasing Fennemore Craig regularly drafts, reviews and negotiates all types of contracts. We assess terms of contracts to be aware of potential areas of conflict. Our experience allows us to review your contract knowing the many potential problem areas. We are also familiar with how the courts have interpreted various contract provisions and can advise you of the meaning. Our attorneys can also advise you of clauses that are particularly important for you to have in your contracts. Employment and Labor Relations The Labor and Employment Practice advises and represents management in virtually all aspects of the employment relationship. Fennemore Craig’s employer clients range from large mining and utility companies to non-profits and service and professional firms. Fennemore Craig has comprehensive experience in counseling clients on a broad array of employment matters. We counsel employers with regard to personnel policies and procedures, individual employment decisions, drug and alcohol testing policies, ERISA and non-ERISA benefits, and compliance with state and federal statutes and regulations. We also assist clients with drafting legally compliant employment policies and assist with training their supervisory work force on all applicable employment laws and regulations. Our clients are invited to attend periodic employment law seminars, at which we discuss recent developments in the law and emerging client concerns. We also have broad experience in litigation alleging breach of employment contract, wrongful termination, employment discrimination and related claims. In addition, Fennemore Craig attorneys frequently represent clients before federal and state administrative agencies, including the Nevada Office of the Labor Commissioner, Equal Employment Opportunity Commission, the Department of Economic Security and the National Labor Relations Board. Government Procurement Claims and Government Affairs Fennemore Craig’s Government Procurement practice covers client issues that intersect with a host of government agencies and departments at all levels. Our practice includes government procurement, government contract disputes, permitting and regulation enforcement, zoning and land use, tax, and litigation. One of our attorneys served as the Director of the Nevada Department of Business and Industry. At the federal level, we often represent clients before governmental agencies that include the Environmental Protection Agency, Interstate Commerce Commission, Securities Exchange Commission, Bureau of Indian Affairs, Food and Drug Administration, Department of the Interior, Bureau of Land Management and National Park Service. Business Litigation Fennemore Craig’s litigation section offers a wide range of experience in all aspects of dispute resolution and prevention. Our attorneys are proficient in alternative dispute resolution techniques, negotiated settlements, appeals, and traditional trial representation, as well as advice on the prevention of claims and avoidance of litigation. A number of our attorneys also serve as mediators, arbitrators and private judges. Fennemore Craig is available for consultation, strategy, advisement and drafting of responses to subpoenas, court orders, and requests for information from third parties. E-Discovery and Data Management Fennemore Craig assists clients with the pressing demands for preservation, management, disclosure, discovery and production of electronically stored information (ESI) in connection with litigation and dispute resolution. Whether a client needs assistance developing a data management plan, responding to a litigation hold letter or discovery requests, or preparing policies on data preservation and destruction, Fennemore Craig's e-discovery attorneys can guide clients through the process. They are supported by the firm’s litigation technology resources team, which includes our Information Systems staff experienced in e-discovery and data management issues associated with litigation as well as outside computer forensics and information management resources. All contribute to the firm’s experience in complex litigation involving e-discovery. Cost Proposal Rate Structure Fennemore Craig provides competitive rates for all areas of its work. Based upon the proposed team outlined below, the rates will vary between $250 and $565 per hour. These rates represent a 10% discount from the firm’s normal rates. Once we better understand the needs of NAHAC and depending upon the skill set required and the complexity of the work, we will be in a better position to propose some alternatives to billing on an hourly basis. With organizations similar to NAHAC, we have offered blended rates for different tiers of work to reduce the hourly costs. In addition, the firm welcomes the opportunity to work on a fixed fee basis when it is possible for the client and the firm to realistically assess the amount and complexity