Dax Watson Presents “Branding Dos & Don’ts” at Keller Williams National Training Event

Dax Watson at Keller Williams in Las VegasDax Watson, Managing Partner of the firm’s Phoenix office, was featured on a panel of real estate industry experts at the Keller Williams “Family Reunion” national training conference. Moderated by Kathleen Manchin, the Corporate Counsel at Keller Williams Realty Inc., joining Dax on the panel were the Kathie Connelly, Executive Director of the Maryland Real Estate Commission and Gary Pickren, a real estate attorney from South Carolina. Real estate agents and brokers attended this discussion to learn how to build a brand that complies with their local laws and regulations.

Stacked with top speakers from across the country, and described on the Keller Williams website as “the real estate industry’s most powerful training event”, this conference was held on February 13-17, at the Mandalay Bay Convention Center in Las Vegas.

Dax Watson focuses his law practice in commercial litigation with an emphasis in real estate matters and professional liability defense. His clients include professionals in the fields of real estate, law, accounting, architecture, and engineering. Dax is also an experienced mediator that conducts private mediations and settlement conferences for all types of civil disputes, with a focus on real estate and commercial litigation disputes. He regularly appears and represents clients in regulatory matters before the Arizona Department of Real Estate and other state and federal agencies.

About Lipson Neilson
Founded in 1985, Lipson, Neilson, Cole, Seltzer, Garin, P.C. has offices in Arizona, Nevada, and Michigan. The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. You can learn more at www.lipsonneilson.com.

Contact: Dax Watson
Phone: 602-382-1500
Email: DWatson@lipsonneilson.com

Attorney Julie A. Funai Joins Lipson Neilson’s Las Vegas Office

Julie FunaiAttorney Julie A. Funai has joined the firm’s Las Vegas office as an associate. Ms. Funai has a wide range of experience in civil litigation, transactions, mediation and arbitration. She served as general counsel as well as with prestigious law firms in the Las Vegas area.

Ms. Funai received a B.S. in Business Administration with a specialization in Marketing from Marquette University in Milwaukee, Wisconsin, and a J.D. from St. Mary’s University, School of Law in San Antonio, Texas.

About Lipson Neilson
Founded in 1985, Lipson, Neilson, Cole, Seltzer, Garin, P.C. has offices in Las Vegas, Phoenix, and Bloomfield Hills. The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. The firm represents clients in Nevada, across the USA and around the world.

Contact: Joe Garin – Managing Partner of the Lipson Neilson Las Vegas office.
Phone: 702-382-1500
Email: JGarin@lipsonneilson.com

Attorney Amber Williams Joins Lipson Neilson Las Vegas Office

Amber WilliamsAttorney Amber Williams has joined the firm’s Las Vegas office as an associate. Ms. Williams’ practice focuses primarily in the areas of insurance defense, commercial litigation, and construction law. She also has experience in the areas of family law, trusts, estate and probate law, and personal injury law.

Ms. Williams graduated cum laude from the University of Nevada, Las Vegas with a B.S. in Economics and a B.S. in Business Management. She received a J.D. from the Arizona Summit School of Law in Phoenix, Arizona. While in law school, Ms. Williams was a member of Arizona Summit moot court team and participated in three national moot court competitions, winning a best brief award in two of the competitions. Admitted to practice law in Nevada, Ms. Williams previously worked for several civil litigation firms in Nevada.

About Lipson Neilson
Founded in 1985, Lipson, Neilson, Cole, Seltzer, Garin, P.C. has offices in Las Vegas, Phoenix, and Bloomfield Hills. The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. The firm represents clients in Nevada, across the USA and around the world.

Karen A. Smyth Selected for Panel of Industry Professionals to Discuss the Rise in Compensation Discrimination Claims and the Impact on Employment Practices Liability Insurance

_DSC9496-8_0x10_0-03A-Q01Karen A. Smyth, a Partner at the firm, will be on a panel of legal and insurance industry professionals at the 25th Employment Practices Liability Insurance Forum. The theme of this panel discussion is, “Spotlight on Pay Equity: Examining the Rise in Compensation Discrimination Claims and the Impact on EPLI.”

Held on January 26-27, 2017 in New York City, this forum is stacked with top speakers from across the country; attendees include claims professionals, underwriters, risk managers, in-house counsel and outside counsel.

Topics to be discussed by Ms. Smyth and her co-panelists include:

  • The recent equal pay movement and an overview of the latest key legislative and regulatory developments that employers should familiarize themselves with to stay ahead of the curve.
  • The recent ramped up pay equity laws enacted in New York and California.
  • New pay equity rules issued for federal contractors.
  • Industries demonstrating the most dramatic wage gaps between men and women.
  • Evaluating exposure to claims of compensation discrimination and tips for equal pay compliance.
  • The latest claims arising from pay discrimination or “glass ceiling” failure to promote cases.
  • How new state laws are making it easier for employees to succeed on pay discrimination claims.

Ms. Smyth regularly provides counsel to clients in their efforts to develop, conduct or enforce compliance programs. These include customizing employee manuals, employment agreements, non-compete agreements, anti-harassment and anti-discrimination policies, internal investigations of reported harassment, discrimination, or retaliation and general HR policies.

Additionally, Ms. Smyth regularly keeps her clients abreast of evolving employment laws, regulations and ordinances governing protected classes and activities, and wage and hour issues. Ms. Smyth represents employers in a variety of claims, both at the administrative level (EEOC/MDCR) as well as civil complaints filed in state and federal courts.

On a national level, Ms. Smyth is routinely invited to participate as a panel speaker on employment law for various national organizations. She also provides internal training to employers, supervisors, and employees about various employment law topics. She is a licensed attorney in Michigan and New York, and admitted to practice in Michigan’s state trial and appellate courts, federal district courts, and Sixth Circuit Court of Appeals.

About Lipson Neilson
Lipson, Neilson, Cole, Seltzer & Garin, P.C. is an AV rated firm that recently celebrated its 31st anniversary. The firm has offices in Michigan, Nevada and Arizona. The firm is widely known for its employment defense and all other professional liability lines, offering invaluable insight and experience to its clients across all industries. It also provides litigation management services and represents insurers on coverage matters as a local representative. Lipson Neilson is committed to identifying and pursuing the most cost-effective options available for claim resolution. You can learn more at www.lipsonneilson.com.

Contact: Karen Smyth
Phone: 248-593-5000
Email: ksmyth@lipsonneilson.com

Attorney David Markman Joins Lipson Neilson’s Las Vegas Office

markman-001-web-resAttorney David Markman has joined the firm’s Las Vegas office. David’s practice focuses primarily in the areas of insurance defense, real estate litigation, construction law, and general liability defense. He is admitted to practice in the State of Nevada, and the United States District Court for the District of Nevada.

David received a degree in finance from Michigan State University, and a J.D. from William S. Boyd School of Law. During law school, David externed for the Honorable Douglas E. Smith, Eighth Judicial District Court and for the Las Vegas City Attorney’s Office.

About Lipson Neilson
Founded in 1985, Lipson, Neilson, Cole, Seltzer, Garin, P.C. has offices in Las Vegas, Phoenix, and Bloomfield Hills. The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. The firm represents clients in Nevada, across the USA and around the world

Independent Insurance Agents: Order Takers or Fiduciaries?

Independent Insurance Agents: Order Takers or Fiduciaries?
Article co-written by C. Thomas Ludden, litigation Partner at the Lipson Neilson law firm, and James R. Redeker, claims manager in the Insurance Agent’s E&O Program at SwissRe Corporate Solutions.

An insured has a significant loss, but discovers that the insurance company will not cover the loss under the insurance policy that had been purchased. One of the potential options that an insured may consider pursuing is a claim against the insurance agent who was involved. Whether that claim is ultimately successful may depend upon whether the agent is considered a fiduciary of the insured or the agent has assumed duties in addition to the duty of ordinary care.

The answer to these questions depends upon:

1. Whether the agent is an independent or captive agent;

2. What duties are normally imposed by the applicable jurisdiction;

3. Whether the agent and the customer have agreed that the agent would perform additional duties;

4. Whether the agent has performed acts or omissions that trigger additional duties; and

5. Whether unique circumstances exist that will impose additional duties upon the agent…Click here for full article.

Featured Attorney Kaleb Anderson

Kaleb D. Anderson is a Partner in Lipson Neilson’s Las Vegas office, practicing in the areas of homeowner/community associations, directors & officers, professional liability, insurance defense, and real estate. Mr. Anderson has been practicing law in Nevada since 2001, and his experience includes the representation of large corporations and insurance companies as well as individuals and small businesses.

He has successfully defended hundreds of directors & officers, HOAs and community associations in actions relating to NRS Chapter 116 and alleged breaches of governing documents. This experience includes actions before state and federal courts as well as administrative agencies. Mr. Anderson is regularly involved in litigation that shapes the landscape of community association law in Nevada.

In addition, Kaleb has extensive experience representing financial institutions in creditor’s rights actions. This includes defense of FDCPA claims as well as actions to collect consumer and commercial debt.

Prior to joining Lipson Neilson, Kaleb worked at the Las Vegas office of a large insurer where he defended and tried general liability and insurance defense cases.

HONORS

In addition to his membership in the Nevada and Clark County bar associations, Mr. Anderson is also involved with the local chapter of the University of Utah alumni association, and does volunteer legal work through his local church.  He speaks fluent Portuguese, having lived for two years in Brazil doing humanitarian work.

National Elder Care Law Expert Mary T. Schmitt Smith Presents at Second Annual ICLE Elder Law Institute

Schmitt SmithMary T. Schmitt Smith, a Partner at the Lipson Neilson law firm and a nationally recognized Elder Care Law expert, presented “Drafting Your Legal Representation Agreement” at the Institute of Continuing Legal Education’s (ICLE) second annual Elder Care Law Institute. This two-day event was held during September 15-16, 2016. Mary’s presentation provided attendees with valuable insight into topics including identifying who is and who is not your client, establishing the essential terms of the representation agreement, laying the groundwork for timely payments, keeping “the file” and for how long and in what format, and when to end the relationship. Mary also discussed the topic of being involved after the client’s passing, and how an attorney could address this potential with a client and secure consent in advance.

Mary T. Schmitt Smith advises clients about estate planning, tax, and probate options, with a distinct focus on drafting and administration of Special Needs Trusts. She is Michigan’s first Certified Elder Law Attorney. Ms. Smith served on the National Academy of Elder Law Attorneys Board of Directors and was recognized as a Fellow of the Academy in 2003. In 2005, she established the Theresa Law Center PC. She has received an AV-rating from Martindale-Hubbell for the past 17 years, and has been recognized as a Super Lawyer for the past ten years.

Ms. Smith became the ninth annual recipient of the national Theresa Foundation Award in recognition of her community service for people with disabilities in 2003. She received the EP Maxwell J. Schleifer Distinguished Service Award at Disability Awareness Night at Comerica Park in August 2011. Ms. Smith is a past president of the ARC of Oakland County, the nation’s sixth-largest ARC, and served on the Board of Directors for a dozen years, then on the Advisory Board for more than a decade. She is also a member of the ElderCounsel Advisory Board.

Ms. Smith is a founding member of the Special Needs Alliance, a national network of lawyers dedicated to disability and public benefits law. She has presented on probate, tax, estate planning, and special needs trust topics for bar associations and law schools in Michigan, Florida, Wisconsin, Massachusetts, Texas, and New Jersey, as well as NAELA. Ms. Smith is admitted to practice before the U.S. Tax Court and the U.S. Court of Appeals (6th Circuit), where she successfully appealed a federal district court decision interpreting Medicaid law in favor of a Trustee of a Special Needs Trust. She has published numerous articles in such publications as Michigan Bar Journal, the Oakland County Bar Association’s LACHES magazine, and publications distributed by national Elder Care organizations. To learn more please visit www.LipsonNeilson.com.

Contact: Mary T. Schmitt Smith
Phone: 248-593-5000
Email: msmith@lipsonneilson.com

2016 Super Lawyers List Includes Seven Lipson Neilson Lawyers

Bloomfield Hills based Lipson, Neilson, Cole, Seltzer, Garin, P.C., a national law firm with offices also in Las Vegas and Phoenix, is proud to announce that seven attorneys from the firm have been selected to the 2016 Super Lawyers list: Jeffrey Neilson, Steven Cole, Phillip Seltzer, Mary T. Schmitt Smith, Joseph Garin, Jessica Green and Corey Richter. No more than five percent of lawyers in a state are selected as Super Lawyers; and no more than 2.5 percent of lawyers are named to the Rising Stars list.

Jeffrey T. Neilson (Bloomfield Hills) has been selected as a Michigan Super Lawyer for the tenth consecutive year. One of the firm’s founders, Jeffrey is known nationally for his expertise in probate litigation, business counseling, estate planning and domestic and family law liability. In 2014, Jeffrey was reappointed by the Michigan Supreme Court to serve on Michigan’s Attorney Grievance Committee (AGC); this appointment is through October 1, 2017.

Steven R. Cole (Bloomfield Hills) has been selected as a Michigan Super Lawyer for the tenth consecutive year. One of the firm’s founders, Steven has a diverse practice focusing on real estate, business and corporate matters, and estate planning. Steven has previously served as an adjunct instructor of taxation at area business colleges and has taught continuing education courses approved by the Michigan Insurance Bureau for licensed insurance professionals. He has conducted numerous seminars for the Michigan Association of Certified Public Accountants, and has served on the boards of directors of public charities.

Phillip E. Seltzer (Bloomfield Hills) has been selected as a Michigan Super Lawyer for the sixth consecutive year. Phillip is a specialist in the areas of legal malpractice, accounting malpractice, architect and design professional malpractice, real estate broker errors and omissions, directors’ and officers’ liability claims, and complex business tort claims. Phillip is a member of the Litigation Practice and Torts Insurance Practice Sections of the American Bar Association; the Litigation, Business Law, Corporation and Negligence Sections of the State Bar of Michigan; the Defense Research Institute; the Michigan Defense Trial Council (MDTC); and the Professional Liability Underwriting Society (PLUS.)

Mary T. Schmitt Smith (Bloomfield Hills) has been selected as a Michigan Super Lawyer for the tenth consecutive year. Mary advises clients about estate planning, tax and probate options, with a distinct focus on drafting and administration of Special Needs Trusts. Mary is Michigan’s first Certified Elder Law Attorney and is AV-Rated by Martindale Hubbell for the past 17 years. She has served on the Board of Directors of the National Academy of Elder Law Attorneys, and is a charter member of the Special Needs Alliance, a national network of lawyers dedicated to Disability and Public Benefits Law.

Joseph P. Garin (Las Vegas) has been selected to the Mountain States Super Lawyers list for the tenth consecutive year. Joseph was recently selected to serve as a member of the new Professional Liability Advisory Board for the Claims & Litigation Management Alliance (CLM). This board is comprised of industry leaders from across the United States that will guide the development of extensive professional liability resources. The CLM is the only national organization created to meet the needs of more than 35,000 professionals in the claims and litigation management industries. Joseph is consulted nationally on the defense of professional liability claims, ethics, employment, insurance coverage disputes, director and officer claims, and risk management.

Jessica A. Green (Las Vegas) has been selected as a Mountain States Super Lawyers’ Rising Star for the third consecutive year. Jessica has defended many lawyers and law firms throughout the country during her career and is recognized as an emerging leader in Errors and Omissions (E&O), Employment, and Insurance Coverage law. Jessica is also well versed in education law and she serves as an Educational Surrogate Parent and Transition Specialist for the Legal Aid Center of Southern Nevada. In doing so, she advocates for children with disabilities, ensuring their schools are meeting their disability-related needs. Jessica is a national liaison for the Defense Research Institute Lawyers’ Professionalism and Ethics Committee.

Corey I. Richter (Phoenix) has been selected as a Southwest Super Lawyers’ Rising Star for the third consecutive year. Corey has represented the world’s most prominent manufacturers of automobiles and recreational vehicles in warranty, catastrophic injury and property damage litigation, and he also has experience representing clients in the aerospace and defense industry. He has represented clients in states throughout the country in matters ranging from administrative complaints by the Attorney General to complex multi-million dollar contract disputes.

About Super Lawyers
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

About Lipson, Neilson, Cole, Seltzer, Garin, P.C.
Founded in 1985, the firm has grown from three founding members to thirty-two attorneys located in three states. The firm has also expanded its expertise from its core business, tax and litigation practice areas during its early days, to currently offering a full range of practice areas including complex business tort litigation, professional liability defense, employment law and litigation, international law, real estate, probate litigation, family law and estate planning. Lipson Neilson attorneys represent and provide counsel to clients around the country, and around the world.

To learn more about the firm, please visit www.lipsonneilson.com, or call (248) 593-5000.

Contact: Jeffrey Neilson
Phone: (248) 593-5000
Email: JNeilson@lipsonneilson.com

Attorney Eric Tran Joins Lipson Neilson’s Las Vegas Office

tran-005-web-res-resizedAttorney Eric Tran has joined the firm’s Las Vegas office. Eric’s practice includes commercial litigation, personal injury, general liability defense, insurance coverage, insurance bad faith litigation, and professional liability.

Prior to joining the firm, Eric served as corporate counsel for a startup technology company in Las Vegas. He also previously served as a Deputy Attorney General for the State of Nevada defending state agencies and state employees in civil rights actions in both state and federal court. Eric is admitted to practice in the Nevada, California, and the United States District Court for the District of Nevada.

Eric received a B.A. in Political Science and Asian American Studies from the University of California, Los Angeles, and a J.D. from the Loyola Law School, Los Angeles. In addition to English, Eric is also fluent in the Vietnamese language.

Eric Tran’s Published Cases:

Andrew v. Century Sur. Co., No. 2:12-CV-00978-APG, 2015 WL 5691254, at *1 (D. Nev. Sept. 28, 2015)

  • Obtained summary judgment ruling that a $14,000,000 default judgment against an insured was a reasonably foreseeable consequential damage caused by an insurer’s breach of its duty to defend its insured; that an insurer who breaches its duty to defend its insured will be bound the default judgment against its insured; and that the insurer’s liability is not capped at the $1 million policy limit.

Brady, Vorwerck, Ryder & Caspino v. New Albertson’s Inc., 130 Nev. Adv. Op. 68, 333 P.3d 229, 230 (Aug. 7, 2014)

  • Obtained a favorable ruling in a certified question of law that the statute of limitations in NRS 11.207, as revised by the Nevada Legislature in 1997, is tolled against an action for attorney malpractice, pending the outcome of underlying suit including all appeals in which the malpractice allegedly occurred.

USF Ins. Co. v. Smith’s Food and Drug Center, Inc., 2013 WL 438585, 1 (D. Nev. 2013)

  • Obtained Summary Judgment in favor of Smith’s in a bad faith action arising from USF’s failure to defend and indemnify Smith’s in an underlying action from a third party.