FENN TALKS PODCAST: Recent Episodes

Fennemore Craig P.C.

DISCLAIMER: Fennemore produces the Fenn Talks Podcast episodes solely for informational purposes only. Please note that any legal information referenced may not apply to current laws in the jurisdiction where you work or reside. This presentation contains what Fennemore considers to be the most current information possible as of the date posted. The presentation may cover only highlights of particular issues or topics. Moreover, after the date posted, the information presented may become outdated, and may no longer be valid. By listening to our episode(s), please note that there is no attorney-client relationship established between you and Fennemore attorneys or our allied legal professionals who produce this podcast. No information contained in a Fenn Talks Podcast should be construed as legal advice or intended as a substitute for legal counsel on any subject matter referenced. Fennemore expressly denies any and all liability or responsibility for any direct, indirect, incidental, special, consequential, and all other damages arising from a user’s use of, reference to, reliance on, or inability to utilize the information presented in the Fenn Talk Podcast episodes.

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As part of the November a time to give hope, give thanks and give back series, Banner MD Anderson Cancer Center Chief Operating Officer, Mike Herring was featured to further discuss giving hope and housing to cancer patients.

Banner MD Anderson Cancer Center has become known for its clinical research and outstanding patient outcomes, it has quickly become a destination location with many patients traveling from great distances for treatment. Adequate housing during prolonged treatment is a significant concern for many of these families. In some cases, it has prevented patients from pursuing potentially life-saving care.

Banner MD Anderson social workers and patient navigators work with every known hotel partner, as well as national and local organizations, to find affordable emergency housing for cancer patients and their caregivers, but the cost is still often beyond reach for families who face lost wages due to their illness and the length of time they must be away from home. Up until now, no source of funding has existed to assist these families.

In this podcast episode Mike shares more about The Home Away from Home campaign that is underway to raise funds to create a Cancer Patient Housing Assistance Endowment. This permanent source of dedicated funding will help patients and family members afford the cost of local lodging and will help patient navigators place patients more quickly by lessening the financial barriers that put certain lodging options out of reach. Assistance to families is awarded on a need basis to help ease the financial barrier for housing that is insurmountable for some families.

You or your business can help provide a “home away from home” to cancer patients with a financial donation at any time. As mentioned in the interview, all donations provided November 11‐14, will be matched dollar for dollar by some generous Banner Foundation donors.

To donate, simply visit: give.bannerhealth.com/homeawayfromhome

Stay up-to-date on the latest news and stories by following Banner Health Foundation on:

Linkedin:https://www.linkedin.com/company/bannerphilanthropy/

Facebook: https://www.facebook.com/BannerPhilanthropy/

Instagram: @bannerphilanthropy

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Fennemore’s Courtney O’Mara is a trusts and estates litigation attorney who works out of our Reno, Nevada office. She is known for her practical approach to the law, and ability to carefully outline options and obligations to her clients.

In this episode of the Fenn.Talks Podcast Courtney shares more on the default estate plan provisions that apply in the State of Nevada for those individuals who pass away without a will or a trust, the importance of having proper capacity when planning and creating documents, steps for taking action when reviewing competing documents, what to look for when you’re ready to hire a trusts and estates litigation attorney and MORE.

To Learn MORE about Courtney’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/courtney-miller-omara/

Connect with Courtney on Social Media: https://www.linkedin.com/in/courtneyomara/

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Fennemore’s Andrea Marconi is a Business Litigation attorney who works out of our Phoenix, Arizona office. She is a 2021 Greater Phoenix Chamber Athena nominee and was most recently chosen by Arizona Capital Times as a 2021 Women Achiever due to her ability to excel as an attorney and her commitment to working every day to advance our firm and the community. Andrea is passionate about volunteerism and giving back to local non-profits. In this episode of the Fenn.Talks Podcast Andrea shares more about what inspired her to get more involved, the organizations she plans to support on Giving Tuesday (November 30), her goals for giving back in 2022 and MORE.

To Learn MORE about Andrea Marconi’s experience and professional accomplishments visit:https://www.fennemorelaw.com/people/attorneys/andrea-l-marconi/

Connect with Andrea on Social Media: https://www.linkedin.com/in/andrealmarconi/

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Fennemore's Sean Petersen is a business litigation paralegal who works out of our Fresno, Califonia office and is the President of the Fresno County Legal Professionals Association. 

In this episode of the Fenn.Talks Podcast Sean shares more about what inspired him to become a paralegal, tips for individuals interested in pursuing a career as a paralegal, advice for those considering applying for roles at Fennemore, and MORE. 

To learn MORE about Sean Petersen's experience and professional accomplishments, visit: https://www.fennemorelaw.com/people/professionals/sean-petersen/

Connect with Sean on social media: https://www.linkedin.com/in/sean-petersen-684489109/

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Formerly the managing partner of Fennemore, Tim Berg is a distinguished attorney in our business litigation practice group who has worked for the firm for 45 years. Tim is our go-to firm historian and in this episode of the Fenn.Talks Podcast he shares more about the evolution of the firm since 1885. Those who tune in will hear more on: * Harry Fennemore and Jubal Early Craig, the attorneys the firm was named after * Clients the firm have been serving since the early 1900s * How the firm started as a family business * Walter Craig, the most nationally prominent lawyer in the firm history * Huge growth in 1955-1970 * John O’Connor III a Stanford grad and business lawyer who also married Sandra Day O’Connor * The firm hiring it’s first two female lawyers in 1974 * Employment attorney Ruth McGregor who was our first female shareholder * The firm merger in 1983 * The opening of the Tucson and Nogales Arizona offices * The strategic plan for firm expansion outside Arizona and the growth of our Las Vegas and Denver offices * Expansion into California with the merger of Dowling Aaron * The addition of the Reilly LLP team in Denver * What makes the firm special * +MORE

To Learn MORE about the history of Fennemore visit:www.fennemorelaw.com/about-us To Learn MORE about Tim Berg’s experience and professional accomplishments visit:https://www.fennemorelaw.com/people/attorneys/a-d/berg-timothy-j Connect with Tim on Social Media: https://www.linkedin.com/in/tim-berg-49980111/

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Fennemore’s Mark Kruthers is an Employment and Labor attorney who works out of our Fresno, California office. Clients turn to Mark because they know he can help them avoid future problems and assist them in resolving problems that already exist in an efficient and cost-effective manner. He takes great pride in his ability to help business owners/employers navigate the issues created by the numerous and complex federal 

In this episode of the Fenn.Talks Podcast Mark shares more about the types of client inquires he has received this year and some of the biggest takeaways that may be helpful for employers to hear as they plan for the year ahead. Mark also provides suggestions on what businesses should take into consideration as part of short term and long term plans.

To Learn MORE about Mark Kruther’s experience and professional accomplishments visit:https://www.fennemorelaw.com/people/attorneys/k-n/kruthers-mark-d

Connect with Mark on Social Media: https://www.linkedin.com/in/mark-kruthers-72963810/

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Derek Pfaff is a real estate attorney and one of Fennemore’s early adopters of a flexible work environment. Derek lives in Sedona, Arizona and focuses on matters including acquisitions and dispositions of improved and unimproved commercial properties as well as farm and ranch properties, shopping center development, commercial leasing, and real estate finance. He handles conventional real estate lending, loan work-outs and mezzanine loan transactions. Derek's experience includes projects involving public transit facilities, utilities and condemnation.

In this episode of the Fenn.Talks Podcast, Derek shares winning strategies for personally and professionally succeeding while working remote.

To Learn MORE about Derek Pfaff’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/attorneys/o-s/pfaff-derek-j 

Connect with Derek on Social Media:

https://www.linkedin.com/in/derek-j-pfaff-a3974811a/

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Steve Good joined Fennemore over 30 years ago and has built a reputation within the firm and out in the business community as the go-to tax attorney. Steve is a Business and Finance attorney who assists Fennemore clients with structuring their businesses and negotiating commercial transactions, with an emphasis on advising clients regarding the associated income, estate and gift tax implications. He also helps families and business owners accomplish their estate planning, succession and wealth preservation objectives in a tax-efficient manner.

In this episode Steve talks about the Biden tax changes and the most significant changes that will impact tax payers if the plan is adopted. You’ll hear more on tax rates, capital gains rates, step-up in basis and gain recognition, the 1031 exchange rule for real estate and MORE.

To Learn MORE about Steve Good’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/attorneys/e-j/good-stephen-a

Connect with Steve on Social Media:

https://www.linkedin.com/in/steve-good-3454629/

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Daniel Arana is a firm Director from the Nogales Arizona office who focuses primarily on agribusiness, international trade and tax law, international transactions, and mergers and acquisitions. Most of his clients are companies in Mexico that open operations in the United States. Leveraging his vast experience as a business lawyer, he has created the 5 things to know about cross-border trade with Mexico and how to successfully set up a transaction.

In the interview Daniel talks about the importance of effective communication, completing due diligence, properly structuring the transaction, taking into account and advantage of the laws in both countries and MORE.

To Learn MORE about Daniel Arana’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/a-d/arana-daniel-g

Connect with Daniel on Social Media: https://www.linkedin.com/in/daniel-arana-75a63220/

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This episode of the Fenn.Talks Podcast features Fennemore’s Business Development & Marketing Manager Brian Catlett. Brian shares more about two of the professional growth and development programs offered at the firm and also provides an overview of some of the keys topics covered in the programs. He provides listeners a tips and tricks related to: business planning, time & energy management, social media, creating your personal marketing calendar and presentation best practices. Brian also shares ideas for holding participants accountable and tips for other organizations interested in launching similar programs.

Connect with Brian on Social Media: https://www.linkedin.com/in/brian-catlett/

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Travis Pacheco is the Chair of Fennemore’s Diversity & Inclusion Council in addition to an Employment and Labor attorney. In this episode Travis shares more about what inspired him to take on the leadership role with the firm’s Diversity & Inclusion Council, tips for other business leaders when approaching conversations around diversity, equity and inclusion, an overview of Fennemores D&I Council’s key objectives and details on the Council’s new book club.

To Learn MORE about Travis Pacheco’s experience and professional accomplishments visit:https://www.fennemorelaw.com/people/attorneys/o-s/pacheco-travis-a

Connect with Travis on Social Media: https://www.linkedin.com/in/travis-pacheco-6b05b547/

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Alexis Glascock is a Government Relations attorney at Fennemore and a go-to resource in the local business community. She has lobbied for clients including the American Heart Association, the Arthritis Foundation, the Arizona Association of Health Care Plans, the Arizona Cardinals, the Arizona Uniform Laws Commission, and the Greater Phoenix Economic Council. She also has successfully assisted with the passage of bills in industries ranging from trucking to trampolines.

In this episode, Alexis shares more on the 5 new laws that may impact you and your business as it relates to the following topics:

  1. Sports Betting

  2. COVID Liability

  3. Health Clube Memberships

  4. Off-Site Alcohol Sales

  5. Taxes for LLC’s & S-Corps

To Learn MORE about Alexis Glascock’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/attorneys/e-j/glascock-alexis

Connect with Alexis on Social Media:

https://www.linkedin.com/in/alexisglascock/

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Jeff Pitcher is a firm Director and a member of the real estate practice group. Over the last 30 years he has built a reputation as the go-to resource for commercial lenders, buyers and landlords. He represents some of the country’s largest financial institutions, as well as local community banks and credit unions, in originating complex secured real estate loans, construction loans, warehouse lines of credit and a variety of other asset-based lending transactions.In this episode, Jeff shares more on how leasing documents and businesses have been tested throughout the pandemic as it relates to the how, when, what and where:

How to operate their businesses and office spaces

When can they be open and for how long

What types of businesses can operate

Where and how many customers and colleagues can be together

Based on all of this critical information, Jeff created the top 10 things to know about post pandemic leasing. He talks about the force majeure clause, lease terms, rights of termination for tenants and for landlords, the ability for tenants to reduce space, operating hours, taking space as-is, signing leases as-is, obstacles for smaller tenants and MORE.

To Learn MORE about Jeff Pitcher’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/attorneys/o-s/pitcher-jeffrey

Connect with Jeff on Social Media:

https://www.linkedin.com/in/jeff-pitcher/

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Heather Macre is a firm Director, and the healthcare practice group leader. Sheis a go-to resource for many healthcare professionals when it comes tonavigating the regulatory landscape. Heather looks out for the best interests of her clients, so they don’t have to worry about compliance or legal issues, and most importantly, so they can get back to doing what they love – taking care of their patients. Leading a practice group that has become even more high profile post-pandemic, Heather takes great pride in offering critical guidance for physicians, practice groups and hospitals, including providing COVID-19 consulting and offering seminars on issues such as workplace safety and vaccine requirements in workplace settings.

In this episode, Heather opens up about key trends she is seeing with her healthcare clients as a result of COVID-19, and offers suggestions on what physicians should be thinking about and starting to prepare for. She shares details on the Stark Law, the Anti-kickback Statute, and the importance of knowing how healthcare law impacts leasing, hiring, growing an office, shrinking and office, and when implementing a new EMR (Electronic Medical Records)system.

To Learn MORE about Heather Macre’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/professionals/k-n/lucas-marjorie-mcfarlane

Connect with Heather on Social Media:

https://www.linkedin.com/in/marjorie-mcfarlane-lucas-a82b804/

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Sabrina Bigelow started with Fennemore as a Summer Associate, and today is an Associate within our real estate practice group, where her work focuses primarily on real estate transactions, such as assisting developers and homebuilders with the purchase, sale, and lease of commercial properties. In Phoenix, and across the American west, this dynamic practice group plays a key role in helping to guide our clients who work in this critical economic driver for the region.

In this episode you will hear what inspired her to go to law school, what she looked for in a Summer Associate program, and why she ultimately chose Fennemore. Sabrina shares more on what it’s like to work at our firm and some of the best advice she ever received from a mentor. She also opens up about how the Associates within the firm are a close knit group that like to host weekly dinner parties. Sabrina’s favorite dish to make for those get togethers is a true crowd pleaser - spaghetti.

To Learn MORE about Sabrina Bigelow’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/professionals/k-n/lucas-marjorie-mcfarlane

Connect with Sabrina on Social Media:

https://www.linkedin.com/in/marjorie-mcfarlane-lucas-a82b804/

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Marjorie A. McFarlane Lucas is the Director of Firmwide Lateral Legal Recruiting at Fennemore, and she loves what she does. Her passion and main objective is to incorporate best practices and programs that make law firms better places to work for all people. Marjorie is responsible for the strategic growth of our practice areas and geographic locations through the acquisition and retention of elite legal professionals. She manages all aspects of our firmwide partner recruitment process, including aligning partner recruiting strategies with the firm’s strategic plan across all 10 offices. A strong believer in the importance of diversity and inclusion in the workplace, Marjorie for years was a proponent of Juneteenth, which recently became our newest national holiday.

In this episode you’ll hear more on resume writing best practices, LinkedIn profile tips, how to stand out in the interview process and MORE.

To Learn MORE about Marjorie McFarlane Lucas’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/professionals/k-n/lucas-marjorie-mcfarlane

Connect with Marjorie on Social Media:

https://www.linkedin.com/in/marjorie-mcfarlane-lucas-a82b804/

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Fennemore is lucky to have Former U.S. Senator Richard Bryan as part of our Las Vegas, Nevada office. The distinguished Senator has a long and storied history in the Nevada legal world. His high-profile career in the legal profession includes roles as deputy DA prosecutor, the first Public Defender in Clark County and the youngest public defender in the nation, a State Assemblyman, the Nevada Attorney General, Governor of Nevada, a US Senator and a practicing attorney in the private sector. Today, he focuses his law practice on government relations at the federal, state and local levels, particularly in the area of public land use issues.

In this episode you’ll hear more on his storied career in government starting with his first role in 1964 as the Deputy District Attorney in Clark County, and later sharing stories of his roles in the State and U.S. Senate. Richard also shares his thoughts on his secrets to success through the years, advice for others interested in following in his footsteps, and what he hopes to be remembered for at the end of his professional career. 

To Learn MORE about Senator Richard Bryan’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/attorneys/a-d/bryan-richard-h

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David McCarville is one of Fennemore’s Trust & Estates Directors, and an adjunct law professor at Arizona State University. His work focuses on estate planning and administration, real estate and corporate succession. David has also gained national acclaim for his thought-leadership on Blockchain technology and Cryptocurrencies, especially as it relates to helping clients in storing and transferring value using distributed ledgers, digital assets and smart contracts.

In this episode David shares more on the lessons learned from the rich and famous as it relates to trusts and estates. A few famous names mentioned in the interview include Jackie Kennedy Onassis and Brittney Spears.

To Learn MORE about David McCarville’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/k-n/mccarville-david

Connect with David on Social Media:

https://www.linkedin.com/in/david-a-mccarville-8a072974/

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Cheryl Mostrom Cecil is Fennemore’s Chief People Officer, and a member of the firm’s C-Suite, our senior administration team. Throughout her 25-year career at Fennemore, Cheryl has used her position to advocate for the importance of human capital and ensuring our most valuable assets are engaged and empowered regardless of position. She believes that culture is a key component to Fennemore, something that draws people to our firm and makes them want to stay, and it is crucial to maintain. In this episode, Cheryl shares more about our firm’s lessons learned in 2020 and how we are implementing those in our firm blueprint moving forward. You’ll hear more on:

  • The firm Doing MORE initiative
  • Resiliency
  • Diversity, Equity and Inclusion
  • Recruiting Top Talent and Employee Onboarding
  • Workplace Flexibility
  • Employee Health & Well Being

To Learn MORE about Cheryl Mostrom Cecil’s experience and professional accomplishments visit:

https://www.fennemorelaw.com/people/professionals/a-d/cecil-cheryl

Connect with Cheryl on Social Media: https://www.linkedin.com/in/cherylmostromcecil/

View Cheryl’s blog on the Appreciation is Part of Our DNA: https://www.fennemorelaw.com/insights/blogs/2021/fennemore-appreciation-is-part-of-our-dna

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Ann Morgan is Fennemore’s Chief Diversity Officer and an Employment and Labor Director, based out of our Reno, Nevada office. Ann will soon take the reins as President of the State Bar of Nevada, where she also serves as Chair of the Blue Ribbon Committee on Diversity, Equity and Inclusion. In this episode Ann shares more about what inspired her to take on the firm’s Chief Diversity Officer role, some of the firm’s Diversity & Inclusion Council objectives for 2021, and what she is most excited to personally work on. Ann acknowledges the fact that in order for organizations to make real progress, it’s necessary to get comfortable with uncomfortable conversations and offers tips for other business leaders in the community when it comes to approaching uncomfortable conversations.

To Learn MORE about Ann’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/k-n/morgan-ann

Connect with Ann on Social Media:

https://www.linkedin.com/in/annmorgan1/

View Ann Morgan’s blog on the Absolute Necessity to Be Uncomfortable: The Absolute Necessity To Be Uncomfortable (fennemorelaw.com)

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Jared Marshall is one of Fennemore Dowling Aaron’s Trusts and Estates attorneys based out of our Fresno California office. During the pandemic, Trusts and Estates issues and disputes have become even more complex and emotionally charged. Jared’s goal is always to help clients resolve these difficult issues favorably, whether through informal negotiations – or in front of a judge at trial. In this episode you will hear more on the difference between a trust and estate, tips for getting started and MORE.

To Learn MORE about Jared Marshall’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/k-n/marshall-jared-c

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Susan Wissink is passionate about helping her clients, learning about their businesses, and helping them reach their goals. A member of Fennemore’s 6-person Management Committee, as well as  Business and Finance Director, her work focuses primarily in the areas of mergers and acquisitions, entity formation, loans, and general corporate matters. In numerous complex transactions, this experienced business attorney has represented both buyers and sellers, including asset and stock-based acquisitions and sales, mergers and other business reorganizations. In this episode you will hear more on the process for hiring an attorney, strategies for finding a qualified attorney, details on what initial conversation with attorneys look like, what a conflicts check is, attorney rates and MORE.

To Learn MORE about Susan Wissink’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/t-z/wissink-susan-m-

Connect with Susan on Social Media:

https://www.linkedin.com/in/susan-wissink-40ab25/

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Marc Lamber formed Fennemore’s Plaintiffs’ Personal Injury practice, and it remains the only PI group within a major U.S. national law firm. Known for his deep compassion and the remarkable work he has done to help clients, staff and friends who have experienced a bad accident, the group’s other notable work includes writing and sponsoring legislation for their clients to change the law to make citizens more safe. They were responsible for changing the law in Arizona to require school buses to extend safety arms and flashers when picking up or dropping off kids, known as “Elizabeth’s Law.” In this episode you will hear more on Marc’s personal WHY, how the Fennemore Personal Injury group came to be, and how his team is continuously leveraging innovative technology to further tell their client’s story and MORE.

To Learn MORE about the Lamber Goodnow Personal Injury Group at Fennemore: https://lambergoodnow.com/

To Learn MORE about Marc Lamber’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/k-n/lamber-marc-h

Connect with Marc on Social Media:

https://www.linkedin.com/in/marc-lamber-977a196/

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Bob Kramer is Fennemore’s Chief Talent Officer and also a firm Director known for his work as an environmental and water law attorney. He leads a lot of our important firm initiatives including attorney recruitment, onboarding and retention, in addition to our firm’s Summer Associate program. In this episode, you’ll hear more about why attorneys choose to work at Fennemore, the types of attorneys that thrive at the firm, details on the Summer Associate program, mentoring and MORE.

If you’re an attorney and possess strong client relationship skills, impeccable professional credentials and a solid academic background, Fennemore is your opportunity for growth, and it’s a place where you’ll work – and mingle – with some of the most caring, brightest minds in the legal profession. You can also expect competitive compensation, outstanding benefits, unmatched technology and the support and resources you’ll need to succeed. Interested candidates should submit their cover letter, resume and transcript in confidence to Laura Zilmer (she/her) at lzilmer@fennemorelaw.com or apply online at: www.fennemorelaw.com/careers

To Learn MORE about the 2020 Summer Associates and their experiences: https://clientalert.fennemorecraig.com/fennemore-craig-bids-a-fond-farewell-to-its-2020-superstar-summer-associates

To Learn MORE about Bob Kramer’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/k-n/kramer-robert-j

Connect with Bob on Social Media:

https://www.linkedin.com/in/robert-kramer-264a6339/

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Rich Dreitzer is Fennemore’s Las Vegas office Managing Partner and also a firm Director, known for his work as a business litigator. Rich leads by example in the office and out in the community. Rich is a fixture in the Nevada legal community, elected to the State Bar of Nevada’s Board of Governors in 2013, and presently serving as Chair of the Board of Directors of Nevada Public Radio. In today’s episode, Rich further defines what leadership means to him, how mentoring has positively impacted his professional career, why he joined the team at Fennemore, as well as advice he has for individuals entering the workforce as an attorney. And as you can probably tell from his confident voice, he also reveals a few fun facts about his career as a disc jockey.

To Learn More about Richard Dreitzer’s experience and professional accomplishments visit: https://www.fennemorelaw.com/people/attorneys/a-d/dreitzer-richard

Connect with Rich on Social Media:

https://www.linkedin.com/in/richard-dreitzer-3441611a/

DISCLAIMER: Fennemore produces the Fenn Talks Podcast episodes solely for informational purposes only. Please note that any legal information referenced may not apply to current laws in the jurisdiction where you work or reside. This presentation contains what Fennemore considers to be the most current information possible as of the date posted. The presentation may cover only highlights of particular issues or topics. Moreover, after the date posted, the information presented may become outdated, and may no longer be valid. By listening to our episode(s), please note that there is no attorney-client relationship established between you and Fennemore attorneys or our allied legal professionals who produce this podcast. No information contained in a Fenn Talks Podcast should be construed as legal advice or intended as a substitute for legal counsel on any subject matter referenced. Fennemore expressly denies any and all liability or responsibility for any direct, indirect, incidental, special, consequential and all other damages arising from a user’s use of, reference to, reliance on or inability to utilize the information presented in the Fenn Talk Podcast episodes.