Pisanelli Bice was named in Vegas Inc.’s “The List: Law Firms, Aug. 13, 2017”.
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CARSON CITY — Wynn Resorts Ltd. does not have to turn over legal documents to Japanese billionaire Kazuo Okada in a long-running legal dispute over his ouster as a majority shareholder, the Nevada Supreme Court ruled Thursday.
The unanimous decision from five participating justices prohibits Clark County District Judge Elizabeth Gonzalez from compelling the production of attorney-client-privileged documents produced by the legal firm of Brownstein Hyatt and provided to Wynn shareholders.
In a second petition relating to other documents in the case, the court directed Gonzalez to consider whether work product information that led to a document called the Freeh report should remain confidential based on the court‘s ruling on the matter.
The confidential information was used by the Wynn board of directors in February 2012 to determine that Okada and his related companies were unsuitable parties that could jeopardize Wynn Resorts’ gaming licenses.
The board voted to redeem all of the outstanding shares of Wynn Resorts stock held by Okada in exchange for a promissory note with a principal value of approximately $1.9 billion.
Okada has challenged the board’s decision.
In oral arguments in the combined cases heard in February, Wynn’s attorney Todd Bice said Gonzalez erred when she required some confidential information used by the board in its decision be turned over to Okada, Aruze USA Inc. and its parent corporation, Universal Entertainment Corp., known as the Okada Parties.
Bice argued that Gonzalez’s ruling went against Nevada’s “business judgment rule” that says directors are presumed to act in good faith.
The court ruled that the business judgment rule applies a corporate board as well as individuals. The court ruled this did not compel the disclosure of the information.
But the court agreed with Gonzalez on the second petition, finding that Wynn Resorts waived its attorney-client privilege by placing the Freeh report in the initial lawsuit. Wynn Resorts attached the Freeh report to its complaint and provided it to a newspaper to broadcast its accusations against Okada.
The report was produced by Louis Freeh, a former federal judge and director of the Federal Bureau of Investigation. It found that Okada and his associates had “engaged in a longstanding practice of making payments and gifts to his two chief gaming regulators at the Philippines Amusement and Gaming Corporation” in substantial amounts.
“However, the work-product privilege may apply to some of the documents compiled in the preparation of the Freeh report,” the court said.
The court directed Gonzalez to review and determine if the work-product privilege applies to the documents.
Five attorneys from the Las Vegas litigation firm Pisanelli Bice, PLLC, have been named to the esteemed Mountain States Super Lawyers list, as was announced today by the firm’s founding partners.
Founding partners of the firm, James J. Pisanelli and Todd L. Bice, and managing partner Debra L. Spinelli were chosen for the Super Lawyers “Top” lists, which is a rating service that recognizes outstanding lawyers from more than 70 practice areas.
Pisanelli, Bice, and Spinelli were honored once again as three of the elite Top 100 lawyers in the mountain region that includes Nevada, Montana, Utah, Wyoming and Idaho. Pisanelli has earned Top 100 Super Lawyers distinction every year since 2013. The 2017 listing marks Bice’s fourth year in a row on the Top 100 list. Spinelli earned Top 50 Women Super Lawyers distinction.
Both Pisanelli and Bice have been designated Super Lawyers for 11 consecutive years. Spinelli is a Super Lawyer for the fifth consecutive year.
In addition, Ava Schaefer and Dustun Holmes were selected to the 2017 Super Lawyers’ Rising Stars list. Schaefer was named for the second consecutive year.
Fewer than five percent of Nevada’s attorneys receive Super Lawyers recognition after undergoing a comprehensive, multi-step nomination and evaluation process. This multifaceted process includes a statewide survey of colleagues in the state’s legal profession, peer reviews, consideration of professional achievements, and independent research conducted by Super Lawyers’ parent company, Thomson Reuters, the world’s most respected source of intelligent information for businesses and professionals.
About Super Lawyers
Super Lawyers state and regional listings are published nationwide in Super Lawyers magazines, leading local and statewide publications and metropolitan newspaper supplements across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit superlawyers.com.
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The following attorneys from Pisanelli Bice were named in Nevada Business’s “Legal Elite 2017: Nevada’s Top Attorneys”.
– Todd Bice
– Dustun H. Holmes
– M. Magali Mercera
– Robert Ryan
– Debra Spinelli
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LAS VEGAS – James J. Pisanelli and Todd L. Bice, founding partners of Pisanelli Bice PLLC, are proud to announce renowned attorneys – and longtime mentors – Barry B. Langberg and Deborah Drooz have joined the firm.
“It’s an honor to call these respected attorneys friends, but we’re especially honored to have them joining us in practice,” Pisanelli said. “We have worked together on several cases over the years, and have shared many victories in the courtroom. Both my partner and I have learned so much from Debbie and Barry throughout our careers, so this is a natural fit.”
Both Mr. Langberg and Ms. Drooz bring impressive experience to Pisanelli Bice, and to Las Vegas. Both Mr. Langberg and Ms. Drooz have represented some of the world’s most recognized celebrities in libel and defamation proceedings, securing landmark victories for their clients.
Barry B. Langberg is one of the nation’s preeminent trial attorneys. Over his 45 year career, he has won numerous jury verdicts in defamation, entertainment, real estate and commercial cases. Hailed as “one of the nation’s premier libel attorneys,” by the Los Angeles Times, Mr. Langberg won a landmark victory in the libel case of Carol Burnett vs. National Enquirer. Mr. Langberg has represented several well-known public figures and companies in several high-profile defamation matters, including Martha Stewart, Kevin Costner, Rodney Dangerfield, Berry Gordy, Aretha Franklin, Steve Wynn, Sears Corp., Fluor Daniel, MGM Resorts, and Wynn Resorts.
Deborah Drooz brings a strong record on appeal to the firm, having a number of published and precedent-setting appellate victories in state and federal courts including Gordy v. New York Daily News, Steam Press Holdings. Inc. v. Hawaii Teamsters and Allied Workers Union Local 996, and Star Editorial v. Dangerfield. Ms. Drooz also has a number of notable unpublished appellate victories which include Alexander Haagen III v. Saks & Company, and Meyers v. Tempesta, et al. In addition, Ms. Drooz advises public figures and corporations on First Amendment issues. She also counsels clients in intellectual property, appellate and entertainment transaction matters.
Ms. Drooz earned a bachelor’s degree from the University of California Los Angeles, and a J.D. from the Southwestern University School of Law. Ms. Drooz was recognized as one of the Best Lawyers in America (2013-2014), and is currently an adjunct professor for defamation and privacy law at Southwestern University School of Law where she also has lectured for the LL.M. program on Entertainment Law.
“This addition is an illustration of our ongoing commitment to provide our clients with the unrivaled level of service they expect from us,” Pisanelli said. “Barry and Debbie are incredibly well-respected by their clients and peers. They are assets to the firm and we’re so proud to have them onboard.”
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