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Joseph P. Garin

Partner

9900 Covington Cross Drive
Las Vegas, NV 89144
3910 Telegraph Road
Bloomfield Hills, MI 48302

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Practice Areas

  • Professional Liability
  • Employment Law
  • Employment Litigation
  • Business & Commercial Litigation
  • Business & Tax Law

Lipson Neilson Reno Office
1 E. Liberty Street, Suite 600
Reno, NV 89501
Ph: 775-420-1197

“My clients know that I am committed to them and to finding the best possible legal solutions to resolve their issues.” – Joseph P. Garin

Joseph P. Garin is a partner in the firm of Lipson Neilson P.C. He maintains a national practice, focusing on defense of professional liability claims, insurance coverage disputes, directors and officers claims, and risk & litigation management.

Throughout his career, Mr. Garin has defended more than 500 lawyers and law firms in Nevada, Michigan, Colorado, and Illinois including the completion of jury trials, arbitrations and appeals.

His other experience includes a range of litigation matters, including professional liability disputes, insurance coverage, director and officer liability, commercial law, and employer/employee disputes. He regularly consults with insurers and businesses of all sizes on risk management and litigation management matters.

Mr. Garin earned a B.G.S. from the University of Michigan and received his J.D. cum laude from Michigan State University-Detroit College of Law, where he was a member of the Law Review.

He is a member of the State Bar of Nevada, State Bar of Michigan, the State Bar of Illinois, and the State Bar of Colorado. He is admitted before the United States District Court for the Eastern and Western District of Michigan, the United States District Court for the District of Nevada, as well as in the Sixth Circuit and Ninth Circuit Court of Appeals. He is also an Alternate Judge for the Municipal Court in Las Vegas.

Mr. Garin is currently co-chair of the Professional Liability Committee for the Claims & Litigation Management Alliance (“CLM”), an international organization with more than 25,000 members.

He is a Committee Member to the Southwest Chapter of the Professional Liability Underwriting Society. He has served as the Chair of the State Bar of Nevada Standing Committee on Ethics and Professional Responsibility. He has served as a court-appointed special master and settlement facilitator.

Mr. Garin is an SCAO-trained Mediator. He consults regularly and has testified as an expert witness. He has been a featured speaker at continuing education conferences on a national and state level. He completed the Certified Litigation Management Professional Training through CLM at Columbia University, and he was awarded a CLMP Certificate in October 2015.

In 2017, he completed course work and obtained a Certificate in Reasonable Attorney Fees and Proper Legal Billing Practices form the National Association of Legal Fees Analysis (“NALFA”). He is listed as a senior fellow with NALFA.

He is rated “AV Preeminent” by Martindale Hubbell in both Nevada and Michigan. He has been selected as a Mountain States Super Lawyer in Nevada since 2007. In 2013-15, he was recognized by Vegas Inc. and included in its Top Lawyers program.

CASE SUMMARY

Lipson Neilson team of Joe Garin, Megan Hummel, Amber Williams Win Motion to Dismiss and Motion for Attorney’s Fees in U.S. Court of Appeals for the Ninth Circuit

On July 22, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a decision affirming the Federal District Court order granting both a motion to dismiss and a motion for attorney’s fees filed by attorneys Joe Garin, Megan Hummel and Amber Williams in a lawsuit brought by an insurance company against an attorney in violation of Nevada’s anti-SLAPP statute.

The dispute arose from Plaintiff’s decision to deny coverage to an insured who had been named as a defendant in a catastrophic personal injury lawsuit. After a state court judge entered an $18 million default judgment against the insured, Plaintiff was named in a bad faith action pursuant to a valid assignment of rights from its insured to the injured party. To avoid liability, Plaintiff filed a separate lawsuit against the attorneys involved in the personal injury action, asserting that they violated Nevada’s RICO statutes and engaged in a conspiracy by negotiating a settlement and covenant not to execute after Plaintiff refused to provide a defense.

The Federal District Court granted dismissal with prejudice in favor of the attorneys pursuant to NRS 41.660, a statute which prohibits Strategic Lawsuits Against Public Participation, or “SLAPP suits.” The District court also granted a subsequent motion for attorney’s fees.

On appeal, the Ninth Circuit affirmed the District Court orders, finding that:

  1. The attorneys established the communications at issue were made in good faith and without knowledge of falsehood.
  2. That Plaintiff was not entitled to conduct discovery as “[t]he problem with Plaintiff’s complaint [was] not the sufficiency of the allegations, but the very nature of the allegations – that they target protected communications in an effort to suppress those communications.”
  3. That the district court correctly awarded attorney’s fees pursuant to the penalty provisions of the anti-SLAPP statute.

Read the Opinion Here: Century Surety Company v. Dennis Prince, et al.; Ninth Circuit Case No. 17-16645.

Presentations
  • Jun. 2019 State Bar of Nevada Speaker Vail, Colorado
  • Mar. 2019 CLM Annual Conference Speaker Orlando, Florida
  • Dec. 2018 State Bar of Nevada Panelist Ethics Year in Review Las Vegas, Nevada
  • Nov. 2018 PLUS International Conference Speaker San Diego, California
  • Sept. 2018 National Legal Malpractice Conference Local Chair Las Vegas, Nevada
  • Sept. 2018 Claims College Speaker Baltimore, Maryland
  • Mar. 2018 CLM- Annual National Conference Speaker Houston, Texas
  • Sept. 2017 Claims College Speaker Baltimore, Maryland
  • Jul. 2017 CLM Professional Liability Conference Co-Chair and Panelist Boston, Massachusetts
  • Jun. 2017 State Bar of Nevada Speaker Austin, Texas
  • Jun. 2017 ArgoPro Speaker Las Vegas, Nevada
  • Dec. 2016 CLE on Promotions, Games and Campaigns – Compliance, Rules and Ethics Panelist Las Vegas, Nevada
  • Sept. 2016 Claims College Speaker New York City, New York
  • Jul. 2016 CLM Professional Liability Conference Co-Chair and Panelist Lawyers: Global Perspectives Boston, Massachusetts
  • Apr. 2016 CLM- Annual National Conference Speaker Orlando, Florida
  • Nov. 2015 State Bar of Nevada Chair and Panelist Ethics Year in Review Las Vegas, Nevada
  • Nov. 2015 CLM-Claims / Litigation Management Ethics in a Wireless World (Encore) Atlanta, Georgia
  • Jun. 2015 CLM-Professional Liability Conference Chair and Panelist Ethics in a Wireless World Chicago, Illinois
  • Nov. 2014 State Bar of Nevada Chair and Panelist Ethics Year in Review Reno, Nevada
  • Nov. 2014 LPL/Legal Malpractice Conference The Discipline Process for Insurance Producers & Lawyers New York, New York
  • Jul. 2014 CLM-Professional Liability Conference Experts, Specialization & Advertising Boston, Massachusetts
  • Jul. 2014 Kemper Insurance Accountant & Auditor Malpractice Claims: An Introduction Charlotte, North Carolina
  • May 2014 PLUS – Southwest Chapter The Discipline Process for Lawyers & Ins. Producers Las Vegas, Nevada (Program Director)
  • Apr. 2014 CLM- Annual National Conference If You Think You Are An “Expert” or You “Specialize,” Be Careful How You Advertise! Boca Raton, Florida
  • Jan. 2014 Community Association Institute Professional Liability Issues for Community Association Attorneys Las Vegas, Nevada
  • Nov. 2013 State Bar of Nevada Ethics Year in Review Las Vegas, Nevada
  • Oct. 2013 Clark County Bar Association Discovery, Spoliation, Claiming Privilege, & Withdrawal Las Vegas, Nevada
  • Jul. 2013 CLM- Professional Liability Conference The 3 Ps in Mediation of Professional Liability Claims Boston, Massachusetts
  • May 2013 Las Vegas Valley Paralegal Association Pleadings & Discovery Las Vegas, Nevada
  • Apr. 2013 CLM-Annual Conference The Economic Recession & Damages San Antonio, Texas
  • Jan. 2013 State Bar of Nevada Evidence & Ethics Las Vegas, Nevada
  • Jan. 2013 State Bar of Nevada Ethics Year in Review When Attorneys Leave a Firm: How Not to Leave Las Vegas, Nevada
  • Jan. 2013 ABA – Spring LPL Conference Lawyer Professional Liability – Case Law Developments New York, New York
  • Jun. 2012 Las Vegas Valley Paralegal Association Discovery & Ethics Las Vegas, Nevada
  • 2012 CLM Disastrous Professional Liability Claims Chicago, Illinois
  • 2012 E&O Insurance ExecuSummit Claims Against Real Estate Professionals Uncasville, Connecticut
  • 2011 State Bar of Nevada Year End Ethics Round Up Las Vegas, Nevada
  • 2011 Clark County Bar Association Discovery & Ethics Las Vegas, Nevada
  • 2010 State Bar of Nevada Ethics in Jeopardy Las Vegas, Nevada
  • 2010 One Beacon Annual LPL Conference Lawyer Professional Liability Las Vegas, Nevada
  • 2008 Travelers Insurance Company Lawyer Professional Liability Schaumburg, Illinois
  • 2008 GAIC Directors and Officer Liability Schaumburg, Illinois
  • 2007 GAIC Professional Liability Conference Lawyer Professional Liability Las Vegas, Nevada
  • 2005 American Bar Association, Spring LPL Conference Lawyer Professional Liability Boston, Massachusetts
  • 2001-04 Oakland County (Michigan) Bar Association State of the Law Legal Malpractice Bloomfield Hills, Michigan

 

Publications
  • Apr. 2017 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Imputed Disqualification of Lawyer is Not Required Unless Lawyer Gained Actual Knowledge of Information Protected by Rules of Professional Conduct.
  • Mar. 2017 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability A Bankruptcy Court Order Permitting Creditors to Pursue Legal Malpractice Claims in State Court in the Name of a Debtor’s was an Impermissible Assignment and Violates Public Policy.
  • Mar. 2016 Article from State Bar of Nevada The Rules of Professional Conduct in Legal Malpractice Litigation.
  • Nov. 2015 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Nevada Supreme Court confirms sanctions “short-cut” to circumvent the “safe-harbor” requirement of Rule 11.
  • Jan. 2015 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Nevada formally recognizes litigation malpractice tolling rule.
  • Sept. 2014 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability The Nevada Supreme Court clarifies the “litigation privilege” and holds that statements made to the media during judicial proceedings are not protected by the absolute privilege and the publisher may be subject to claims for defamation.
  • Aug. 2014 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Nevada adopts legal-malpractice exception to the litigation privilege.
  • May 2014 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Counsel’s failure to comply with calendar dates on appeal may be imputed to client for purposes of dismissing the appeal without a decision on the merits.
  • Aug. 2013 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Recent Nevada Supreme Court Advance Opinion examines the statute of limitations discovery rule applicable to legal malpractice actions.
  • Jul. 2013 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Issue preclusion is only applicable where an issue is actually and necessarily litigated.
  • Feb. 2013 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability Nevada federal court adopts Cumis rule requiring independent counsel be appointed when actual conflict of interest arises between the insured and insurer.
  • Mar. 2012 e-Newsletter from the ABA Standing Committee on Lawyers’ Professional Liability “Business Enterprise Exclusion” Defeats Coverage Where Entity Claiming Legal Malpractice was Managed and 27% Owned by Partners of Law Firm Accused of Malpractice.

 

Expert Witness Work
  • Marquis Aurbach Coffing adv. Life; Clark County District Court Case No. A-17-763982-C Report: 03/14/19; 06/10/19 Testimony: N/A
  • Watson adv. RA Southeast Land Company, LLC, et al.; Clark County District Court Case No. A-16-734842-B Report: N/A Testimony: N/A
  • Players Network, Inc. et al. adv. Pratter, et al.; Clark County District Court Case No. A-16-746117-C Report: December 2017 Testimony: N/A
  • Consumer Opinion LLC adv. Abbey Dental Center, Inc.; U.S. District Court Case No. 2:15-cv-02069-GMN-PAL Affidavit: August 2017
  • Cooper Levenson, PA v. Eliades, et al.; Clark County District Court Case No. A-14-695460-C Report: July 2017 Testimony: N/A
  • Vahey, et. al. v. Yampolsky, et. al.; Clark County District Court Case No. A-14-695460-C Report: January 2017 Testimony: April 2017
  • Olarte v. Mueller, et. al.; Clark County District Court Case No. A-13-690233-C Report: September 2016 Testimony: N/A
  • Confidential v. Confidential et al.; JAMS Case No. 1260002283 Clark County, Nevada Report: July 2014 Testimony: February 2015
  • Massi v. Nobis; Clark County Case No. A-12-672579C, Dept. XX Las Vegas, Nevada Report: May 2013. Testimony: December 2013
  • Confidential v. Confidential, et al.; American Arbitration Association Case No. 13194Y0060510 New York, New York Report: June 2012 Testimony: July 2012
  • Financial Indemnity Company v. Merritt Chapman, et al.; Clark County Case No. A-11-635101C, Dept. XX, Las Vegas, Nevada Report: July 2012
  • University of Michigan, BGS
  • Michigan State University-Detroit College of Law, J.D.; Honors: cum laude
  • Nevada
  • Michigan
  • Colorado
  • Illinois
  • Las Vegas Municipal Court, Alternate Judge, 2019
  • Former Chair and current member of the Standing Committee on Ethics and Professional Responsibility to the Nevada State Bar.
  • Co-Chair on the Professional Liability Committee of The Claims and Litigation Management (CLM) Alliance.
  • Board of Directors of ENSURE Children’s Hospital of Michigan.

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