COMMUNIQUÉ THE OFFICIAL PUBLICATION OF THE CLARK COUNTY BAR ASSOCIATION APRIL 2020 Cannabis Law Cannabis Considerations for Nevada Businesses In this Issue Messages from CCBA The Cannabis CCBA CLE Article #8 It’s “Safe” to Assume President Compliance Board Nevada Prohibits That Politics Will Delay Pages 4, 6-7 Page 18 Pre-Employment the Marijuana Industry’s Discrimination for Access to Financial Marijuana Use Institutions View from the Bench Page 20 Page 26 Page 16 BOOKS FROM THE BAR The State Bar of Nevada has several reference publications available to meet the needs of Nevada attorneys, from comprehensive guides to compilations of templates in a variety of practice areas. Nevada Appellate Nevada Gaming Contract Templates Nevada Jury Practice Manual – Law Practice and for Nevada Attorneys Instructions: 2018 EDITION 2018 EDITION Procedure Manual This publication Civil - The 2018 edition has Written by attorneys provides lawyers with Nevada Jury been painstakingly edited with decades of a large selection of Instructions: Civil provides attorneys by experts in appellate experience in the form contracts drafted practice of gaming law, for a wide variety of participating in civil practice and reflects all jury trials in Nevada recent changes in the this reference manual transactions, with specific regard to the with downloadable law as well as the most includes 18 chapters sample jury instructions laws of Nevada. The up-to-date procedures covering topics such in an easy-to-use for practicing in Nevada’s as licensing, financing, customizable forms are format. The language appellate courts. Some gaming devices, race and designed as a starting in each template has topics covered include: sports books, compliance point for practitioners to been adapted from initiating an appeal, reporting requirements, craft custom agreements documents actually jurisdiction, settlement, interactive gaming and for use in commercial used in trial with an eye to being as party- criminal appeals, fast- much more. and residential purchases and leases, employment, neutral as possible. The track child custody, oral intellectual property, book includes subjects arguments and record deeds and cyber law...to such as: contractual preparation...in addition name a few. relationships, to many others. employment law, evidence, experts, intentional torts, fiduciary relationships, personal injury We’ve Got More! damages, eminent domain and more! The state bar’s online store includes additional titles of interest to attorneys practicing in Nevada, such as Nevada Business Entities, Succession Planning in Nevada and the Guide to the Tribal Courts of the Inter-Tribal Council of Nevada. To see all of the current titles available, visit: 2 www.nvbar.org > Publications > State BarClark PublicationsCounty Bar Association – COMMUNIQUÉ – April2020 State Bar Publications Products_Full Pg Ad.indd 1 11/27/2018 4:40:21 PM AL ICI FF O N BOOKS FROM THE BAR I O COMMUNIQUÉ AT The State Bar of Nevada has several reference publications available to P U B LI C meet the needs of Nevada attorneys, from comprehensive guides to compilations of templates in a variety of practice areas. Table of contents Articles The Cannabis Compliance Board By Jennifer Roberts, Esq. ................................................................................................................................................ 18 CCBA CLE Article #8 Nevada Prohibits Pre-Employment Discrimination for Marijuana Use By Bridget Kelly, Esq. ..................................................................................................................................................... 20 It’s “Safe” to Assume That Politics Will Delay the Marijuana Industry’s Access to Financial Institutions By James A. Kohl, Esq. ................................................................................................................................................... 26 Nevada Appellate Nevada Gaming Contract Templates Nevada Jury Columns Practice Manual – Law Practice and for Nevada Attorneys Instructions: 2018 EDITION Clark County Bar President’s Message 2018 EDITION Procedure Manual This publication Civil - CCBA’s 40 Year Club of 2020 The 2018 edition has Written by attorneys provides lawyers with Nevada Jury been painstakingly edited with decades of a large selection of Instructions: Civil By Mariteresa Rivera-Rogers ........................................................................................................................................... 4 provides attorneys by experts in appellate experience in the form contracts drafted practice of gaming law, for a wide variety of participating in civil View from the Bench practice and reflects all jury trials in Nevada recent changes in the this reference manual transactions, with Offering CLE for Pro Bono to Increase Access to Justice specific regard to the with downloadable law as well as the most includes 18 chapters sample jury instructions laws of Nevada. The By Chief Justice Kristina Pickering .............................................................................................................................. 16 up-to-date procedures covering topics such in an easy-to-use for practicing in Nevada’s as licensing, financing, customizable forms are format. The language appellate courts. Some gaming devices, race and designed as a starting in each template has Highlights topics covered include: sports books, compliance point for practitioners to been adapted from Pro Bono Corner initiating an appeal, reporting requirements, craft custom agreements documents actually Retired and Semi-Retired Attorneys Make a Huge Difference for Pro Bono Clients jurisdiction, settlement, interactive gaming and for use in commercial used in trial with an and residential purchases eye to being as party- criminal appeals, fast- much more. By Noah Malgeri, Esq. .....................................................................................................................................................28 and leases, employment, neutral as possible. The track child custody, oral intellectual property, book includes subjects arguments and record Departments deeds and cyber law...to such as: contractual preparation...in addition Bar Activities .......................................................................... 6 name a few. relationships, to many others. employment law, Member Moves ................................................................... 12 evidence, experts, New Members ..................................................................... 14 intentional torts, The Marketplace ................................................................. 28 fiduciary relationships, personal injury We’ve Got More! damages, eminent domain and more! On the Cover The state bar’s online store includes additional titles of interest to Ed Bernstein displays a variety of health and wellness attorneys practicing in Nevada, such as Nevada Business Entities, products available at Dana’s Place inside the Las Ve- Succession Planning in Nevada and the Guide to the Tribal Courts gas ReLeaf medical and recreational marijuana dis- of the Inter-Tribal Council of Nevada. pensary. To see all of the current titles available, visit: www.nvbar.org > Publications > State Bar Publications April 2020 – COMMUNIQUÉ – Clark County Bar Association 3 State Bar Publications Products_Full Pg Ad.indd 1 11/27/2018 4:40:21 PM Clark County Bar President’s Message CCBA’s 40 Year Club of 2020 By Mariteresa Rivera-Rogers n March 5, 2020, at the Smith’s Center for the was given to Lawyers for Concerned Lawyers. Performing Arts, we celebrated the careers of Thank you to Dan for a masterful performance Othose Clark County Bar members who have and thanks again to all of those who opened up to re- been practicing law in the State of Nevada for 40, 45, veal your souls to the crowd. Inductees’ and honorees’ 50, and 55 years. They are an inspiration, and role words of wisdom and their collective voices of expe- models, to their colleagues and the legal community. rience were inspiring to those of us in the audience. Their dedication and contributions to the practice of A special thanks to the members of the Judiciary and law have left an indelible mark on the legal profession. elected officials who were present and continue to sup- Congratulations to all of you! (See list of inductees and port our organization. honorees on page 5). We look forward to seeing you all at our future In a beautiful setting on the 5th floor lobby of the events, all of which are listed somewhere in this issue. I Smith Center, colleagues, family, and friends gathered encourage you to sign up early for the upcoming 30th to celebrate this amazing group. Dan Polsenberg, the Annual Meet Your Judges Mixer to be held at the Smith Honorary Master of Ceremonies, was able to elicit Center on the new date of July 23, 2020. Tickets are on from each of the attending inductees and honorees sto- sale now. Capacity will be limited. For more info, see ries from the past, advice and tips for young lawyers pages 31-32. of today, with timely humorous comments included. You had to be there to appreciate the insightful and sincere recollections of the past and how law was prac- ticed then. A time when a handshake was gold, a pass- ing agreement with opposite counsel made in the halls of the courtroom was enough, and no stipulations or CONGRATULATIONS TO OUR COLLEAGUE letters were required for a continuance. The advent of FRANK A. ELLIS III the pager,