Website Owners and Online Businesses Beware of New Privacy Law in Nevada

Contributing Authors: Jordan Butler, Esq. & Royi Moas, Esq.

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On May 29, 2019, Nevada passed a new internet privacy law, Senate Privacy Bill No. 220, which goes into effect October 1, 2019.  The law amends existing online privacy law for owners and operators of websites and online commercial providers by imposing additional privacy requirements in favor of consumers.  The law has a number of external and internal compliance requirements that covered entities subject to enforcement will need to comply with, and fairly quickly. 

Broadly construed, the law applies to companies that have any type of online platform that targets and collects the personal information of Nevada Consumers, regardless of the company’s physical location.  Under the law, an Operator is defined as a person or entity that:

  1. owns or operates an Internet website or online service for commercial purposes;

  2. collects and maintains Personal Information from Consumers who reside in Nevada and use or visit the Internet website or online service; and

  3. purposefully directs its activities toward Nevada, consummates some transaction with Nevada or a resident thereof, or purposefully avails itself of the privilege of conducting activities in Nevada, or otherwise engages in any activity that constitutes enough nexus with Nevada to satisfy the requirements of the United States Constitution.

 REQUIREMENTS – Operators must provide contact information and track and respond to requests that the company not sell any of the Consumer’s Personal Information.  Specifically, the law requires Operators to provide Nevada Consumers notice of a designated address (e.g. e-mail address, toll-free telephone number or Internet website established by the Operator) by which a Consumer can submit a verified request directing the company not to sell any of the Consumer’s Personal Information. The law further requires Operators to actively track and respond to these requests, as detailed more fully below. 

A PRIVACY NOTICE IS NO LONGER ENOUGH - Previously, Nevada’s online privacy law merely required Operators to make a privacy notice available to Consumers describing the types of information collected by operators through the website or online platform, and to disclose the third parties with whom the Operator shared personal information.  The new law, Nevada Senate Bill 220, provides added protections for Consumers by requiring Operators to establish a mechanism for consumers to opt-out regarding the sale of their information, and imposing an obligation on Operators to honor the opt-out request by ceasing the sale of personal information collected by the Operator. 

WHO IS COVERED? A “Consumer” covered by the law is a person who seeks or acquires, by purchase or lease, any good, service, money or credit for personal, family or household purposes from the Internet website or online service of an operator.

Click here to read full article.

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP Adds Music and Intellectual Property Attorney, Christiane Kinney, to its Entertainment Department

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Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP is pleased to announce that Christiane Kinney has joined the firm's Entertainment group as a partner in the firm's Los Angeles office.

Christiane has twenty years of experience representing a diverse client roster of artists, celebrities, and intellectual property owners. She has built a multi-faceted practice with a focus on entertainment law transactions, brand management, and intellectual property litigation. In her career, she has advised Platinum-selling and Grammy award-winning recording artists, songwriters and their estates, Presidential candidates, published authors, professional athletes, award-winning filmmakers/producers, and visual artists in all facets of entertainment, litigation, and business matters.

Click here to read the full press release.

Steve Zidell Successfully Negotiated a Ground Lease for a Raising Cane’s Restaurant

Real estate partner in the Los Angeles office, Steve Zidell,  successfully negotiated a ground lease for a Raising Cane’s restaurant, a fast-food restaurant chain specializing in chicken fingers. In addition to the ground lease, the deal also involved negotiating a subordination, non-disturbance and attornment agreement with the landlord’s lender. Our firm represented the landlord in this transaction.

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Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP Adds Attorney, A. Jill Guingcangco, to its Litigation Department

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The law firm Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP welcomes attorney A. Jill Guingcangco to its litigation department in its Las Vegas office.

Ms. Guingcangco's practice is primarily focused on civil, commercial, and class action litigation. She has experience in general liability litigation matters, and has represented both individuals and large corporations. She is currently admitted to practice in the State of Nevada and the United States District Court, District of Nevada.

"Jill's proven track record of successfully representing clients in a broad range of litigation matters, as well as being well-versed in litigation avoidance techniques, makes her an ideal addition to our Las Vegas office," said Don Springmeyer, managing partner of the litigation department in Nevada

Click here to read the full press release.

Sports & Immigration Attorney, Jordan Butler, Secures P-1 Visa for International Athlete Dia Evtimova

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Jordan Butler, a partner in the Las Vegas office practicing litigation and sports immigration, successfully petitioned for a P-1 "international recognition" visa on behalf of professional tennis player Dia Evtimova.  USCIS granted the maximum initial five-year period requested without a request for evidence (RFE). The P-1 classification applies to TO athletes coming into the U.S. temporarily to perform at a specific athletic competition at an internationally recognized level of performance.

 Ms. Evtimova is a professional tennis player from Bulgaria competing on the WTA and ITF Tour.  As an amateur, Ms. Evitmova was a top international junior player ranked No. 1 in Europe ahead of the likes of Maria Sharapova.  Ms. Evtimova's professional career includes appearances at the sport's grand slams; numerous nominations to Bulgaria's Fed Cup Team, where her 15 international victories ranks her second all-time in the country; and, several ITF titles in singles and doubles.

The P-1 visa will allow Ms. Evtimova to now train and reside in the U.S. while continuing to compete on tour and in U.S.-based professional tournaments.

Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP Expands their Transactional Corporate Practice With the Addition of Corporate Attorney, Eli Shahmoon

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The law firm Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP has welcomed corporate attorney Eli Shahmoon to its Los Angeles team.

Eli has over 20 years of experience advising clients in all aspects of corporate law, including public and private financing, venture capital and fund formation, mergers and acquisitions, compliance and general business operations.

 In his career, Mr. Shahmoon has developed a multi-faceted practice advising clients that range from multi-billion-dollar hedge funds to small, fledging tech start-up companies. He has diversified his experience across multiple industries including publishing, consumer products, technical and financial services. As a result of his advanced knowledge of all business models, his clients often turn to him when seeking operational and marketing guidance in addition to legal counsel. 

Click here to read the full press release.

Real Estate Attorneys Steven Zidell and Joshua Min Closed Loan for $3,250,000

Real estate attorneys Steven Zidell and Joshua Min closed a loan for $3,250,000 secured by real property consisting of 30 retail units in a commercial retail complex. This transaction was multi-faceted and involved an option to refinance a senior position loan and a holdback agreement for tenant improvements. Additionally, it involved the handling of licensing and leasing issues concerning a tenant involved in the cannabis industry.  In this transaction, the firm represented the lender.

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Litigation Attorneys Settled a False Claims Qui Tam Action for $1.9 Million

Las Vegas attorneys Jordan Butler and Royi Moas, partners in the firm’s dynamic litigation department, recently settled a False Claims Qui Tam action for $1.9 million on behalf of Nevada whistleblower Plaintiffs. The suit alleged reverse false claims in accordance with Chapter 357 of the Nevada Revised Statutes (Nevada False Claims Act), for making a false record or statement relating to an obligation to pay or transmit money or property to the State or a political subdivision.   Whistleblower Plaintiffs were former employees who possessed critical insider knowledge and information concerning the alleged false claims.  Pursuant to the False Claims Act, Plaintiffs initially filed the Qui Tam action under seal following an extensive investigation, and aggressively litigated the case to the point of settlement.

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Nevada Partner, Don Springemeyer, Invited to Speak at the Nevada Federal Trial Academy on May 17

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On Friday, May 17, 2019, Nevada partner, Don Springmeyer will be an invited speaker at the first annual U.S. District Court for the District of Nevada Federal Trial Academy. This program offers both mid-level and experienced litigators an opportunity to refine their skills in federal court litigation. Don will be presenting on topics including settlement negotiations, valuing claims, and motion practice, in two separate lectures in the morning session of the program.

 For more information, please click here.

 About Don Springmeyer

Don Springmeyer is the litigation partner in charge of class action and complex high damages litigation for Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, and is headquartered out of the firm’s Las Vegas office. He is a fourth generation Nevadan with 36 years of experience in high stakes, “bet the company” litigation including: whistleblower/qui tam cases on both the plaintiff and defense sides, class actions of all types, anti-trust cases, securities cases, multi-district litigation, constitutional law disputes, mass torts involving medical device and pharmaceutical products and related health care issues, and multi-party construction, real estate, and condominium litigation.

Nevada Partner, Bradley Shrager, Gives Input on Current Trends in Nevada & Federal Election Law in Nevada Lawyer Magazine

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STATE AND FEDERAL ELECTION LAW: Some Recent Currents

BY Bradley S. Schrager, Esq.

The stress of increasing polarization magnifies questions of who can and cannot vote: the processes by which voters’ rights are established and vindicated; the ways in which states and the federal government each deal with nominations, sanction major and minor political parties, permit unaffiliated or nonpartisan voters to participate; and how election officials manage errors or problems in the voting process or confront contested elections.

Click Here to Read Full Text

SUPER LAWYERS 2019 SELECTION FOR THE SOUTHERN CALIFORNIA REGION

We are proud to announce that five of our attorneys were honored in the 2019 edition of Super Lawyers in the Southern California region. This year’s list of honorees include: Dan Shapiro, Michael Rabkin, Mark Rosenbaum and Les Marks. Every year, only five percent of attorneys in Southern California receive this honor. Super Lawyers also recognized Max Wellman as a Rising Star for the second consecutive year. Rising Stars are identified as the top, up-and-coming attorneys in each market who are either 40 years of age or under or who have been practicing law for ten or fewer years

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Corporate Partner, Joseph Petro, Served as Lead Counsel in Tolman & Wiker Acquisition

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Joseph Petro, a senior corporate partner based in the Los Angeles office, served as lead counsel in connection with the sale of long-time firm client Tolman & Wiker Insurance Services, LLC, a Top 100 U.S. Insurance Broker with $33 million in annual revenue, to AssuredPartners Capital, Inc., a $1.1 billion insurance broker comprised of a national network of independent property and casualty and employee benefits brokerage firms, for an undisclosed purchase price.  The acquisition was successfully completed and closed on February 1, 2019. 

About Joseph Petro

Joseph Petro is a senior corporate partner with Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. He represents entrepreneurs, emerging businesses, privately-owned entities and organizations, and entertainment clients in a variety of corporate, business and investment transactions.  Having a Master’s Degree in Business Administration, Joseph combines his business and legal background, education and expertise in providing legal advice, business strategies, negotiation and documentation with a sound business foundation.

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP Welcomes Trust and Estates Attorney, Dominique Y. Tauzin

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The law firm Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP is pleased to welcome Trust and Estates attorney Dominique Y. Tauzin to its Trust and Estates department based in Los Angeles.

Dominique has nearly ten years of experience in connection to estate planning, tax law, trust administration and probate matters. Over the years,  Ms. Tauzin built a multi-faceted and full-service trust and estates practice in which she advises individuals, couples and family-owned and small business owners on legal issues ranging from simple trust-based estate plans to more analytical estate and tax planning.  She also has extensive experience with trust administrations, including disputes involving fiduciaries, beneficiaries and charitable organizations, and court probates.

Click here to read the full press release.

Four Attorneys Elected to the Partnership in the Los Angeles Office

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP promotes Los Angeles based attorneys: Kelly Weil, Johnny White, Daniel Wiesel and Matthew Wolf to partner.

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Ms. Weil has over 24 years of experience in representing homeowner associations. In addition to her Juris Doctoris, she possesses a Master's Degree in Real Estate Development from University of Southern California. Her clients range from two units to 18,000 units, and include all types of multi-family housing, high rise luxury developments, planned unit developments (attached and stand-alone), condominiums and cooperatives.

Mr. White is an experienced business and commercial litigator with a practice primarily focusing on bankruptcy, insolvency and debtor-creditor cases. He has extensive experience in both state and federal court across a variety of substantive areas, and has represented clients at both trial and appellate level in both California and New York. Mr. White is also a qualified barrister in the Republic of Ireland.

Click here to read to the full press release.

Las Vegas Litigation & Sports Immigration Attorney Jordan Butler Promoted to Partner

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 Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP is pleased to announce that Jordan Butler has been promoted to partner in the firm's litigation department.

Mr. Butler is based in the firm's Las Vegas office.

"Jordan has made significant contributions to the firm, from his achievements as a litigator in the areas of employment law, class actions, commercial litigation and community association law, to his unique understanding of sports immigration law from the perspective of being a former Division I college tennis athlete. We are proud to welcome him to the partnership," said Managing Partner, Michael Wolf. "We look forward to his continued success at the firm."

Click here to read the entire press release.

Heidy Vaquerano Elected to the SXSW Pitch Advisory Board for 2019

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Entertainment, intellectual property and technology attorney, Heidy Vaquerano was elected to be a part of the South by Southwest pitch Advisory Board for 2019.

Members of the Advisory Board are thought leaders that are chosen for their industry expertise in the tech sphere to evaluate applications from different companies looking to pitch their ideas at the annual SXSW Accelerator Pitch Event.

 This event will feature 50 Interactive technology companies from 10 different categories. These companies will pitch, followed by a Q&A with the selected panel of judges. Twenty-five companies will be featured on Saturday, March 9 and the remaining twenty-five companies on Sunday, March 10. On March 10 at 7pm the winner will be announced in each category.

The winning prizes include two Platinum registrations for SXSW 2020, various SXSW Pitch sponsor gifts and the opportunity to receive exposure to the SXSW audience looking out for the latest in cutting-edge technology.

Of the 453 companies who participated in SXSW Pitch between 2009 and 2018, over 71% received funding, with combined funding in excess of almost $5.43 billion (does not include undisclosed grants, angel and seed funding). Of these 453 companies, 16% have been acquired by the likes of Google, British Telecom, Huffington Post, Apple, Live Nation, OpenTable, Constant Contact, and Harmon. Some of the alumni of this event include Klout, Hipmunk, Wildfire, Tubemogul, Siri, Foodspotting, and Tango.

To learn more about the 2019 SXSW Pitch event please click here.

This October Real Estate Attorneys Steve Zidell and Josh Min Close Multiple Transactions

This past month, Los Angeles based real estate attorneys Steve Zidell and Josh Min closed a loan for over $30,000,000 secured by 6 separate pieces of real estate. In this transaction, the firm represented the lender. Additionally, in a separate transaction they negotiated an approximately 9 and a half year lease (on behalf of the landlord) to a post-production company of approximately 90% of a commercial building in Culver City, with a parent company guaranty, an option to extend, completion of landlord work and a tenant improvement allowance.

Partner John Samberg will Present at NBI Seminar on Evidentiary Rules on December 11

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On December 11, 2018, Nevada-based partner John Samberg will be on the faculty of a National Business Institute seminar entitled “Hearsay, Email, Business, Records and Social Media – in the Trenches!” The program provides CLE credit, and offers a practical guide for attorneys in fine-tuning their understanding of evidentiary rules, the proper and creative use of objections and exceptions at trial, and ethical considerations in applying these rules. The seminar will take place at the Hilton Garden Inn located at 9920 Double R Boulevard, Reno NV  89521.

 To learn more please call 1-800-930-6182 or click on the link below.

 NBI Seminar on Evidentiary Rules

 About John M. Samberg

Mr. Samberg is a partner with Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP. He is an experienced trial attorney, a member of the Bars of California and Nevada, and an inactive member of the Law Society of England and Wales. Directly and through pro hac vice admission, Mr. Samberg has handled a broad variety of matters, including commercial, construction, and bankruptcy litigation, real estate disputes, creditor's rights, and major injury/wrongful death cases in state, federal and bankruptcy courts across the country.