Neal Tomlinson

Managing Partner

c: 702.327.6859
o: 702.990.3901
e: neal@hyperionlegal.com

 

Neal Tomlinson’s practice is concentrated in administrative law and government relations, including all types of business and privilege licensing, regulatory compliance, and related business litigation. He is a results-oriented attorney who regularly represents business clients in matters before local, state and federal government agencies. Neal’s effectiveness in the field of regulatory law and litigation is a result of him taking the time to understand his clients’ business coupled with his extraordinary skill in advocacy. During his 20 years of practice, Neal has taken more than 25 cases to trial in various state and federal courts and tribunals and argued appellate cases before the Supreme Court of Nevada and the United States Court of Appeal for the Ninth Circuit. He also serves as Nevada local counsel to numerous corporate clients and major law firms.

Representative Industries

  • Transportation
  • Public Utilities & Energy
  • Healthcare
  • Resort / Hospitality / Gaming
  • Technology
  • Real Estate Development
  • Retail
  • Liquor / Distilled Spirits
  • Unmanned Aircraft Systems (“UAS”) / UAV / Drone

Representative Agencies

  • (Federal) Federal Aviation Administration; U.S. Dept. of Housing and Urban Development; U.S. Dept. of the Interior, Bureau of Land Management; Federal Trade Commission; Federal Energy Regulatory Commission; U.S. Dept. of the Treasury, Alcohol and Tobacco Tax and Trade Bureau; Federal Communications Commission; U.S. Dept. of Agriculture; U.S. Dept. of Justice, Drug Enforcement Administration
  • (State) Nevada Legislature; Nevada Dept. of Business and Industry; Nevada Transportation Authority; Nevada Taxicab Authority; Public Utilities Commission of Nevada; Nevada Secretary of State; Nevada Real Estate Division; Nevada Dept. of Taxation; Nevada Division of Environmental Protection; Nevada Petroleum Board; Nevada Dept. of Transportation; Nevada Dept. of Motor Vehicles; Nevada Division of Mortgage Lending; Nevada Division of Financial Institutions; Nevada State Contractors Board; Nevada Occupational Safety & Health Review Board; Nevada State Board of Pharmacy; Nevada State Board of Nursing; Nevada Division of Environmental Protection; Nevada Division of Public and Behavioral Health; Nevada Dept. of Agriculture; Nevada State Board of Homeopathic Medical Examiners; Nevada Dept. of Employment
  • (Local) Clark County Board of County Commissioners (including Planning, Zoning, Development Services, Business and Liquor Licensing, and Town Advisory Boards); Southern Nevada Health District; Southern Nevada Water Authority; Las Vegas Valley Water District; City of Las Vegas, City of Henderson, City of North Las Vegas and City of Boulder City (including Planning, Zoning, Business and Liquor Licensing); Clark County School District; Nevada System of Higher Education; Nye County Board of County Commissioners; Lincoln County Board of County Commissioners

Representative Matters

  • Represents local, regional and national clients in select business litigation, including federal Multi-District Litigation and Class Action defense
  • Represents business clients in the areas of strategic positioning, lobbying, and political strategy
  • Represents clients in all facets of business and privileged licensing matters to include character, fitness and suitability hearings
  • Represents healthcare facilities and professionals in the areas of licensing, certification and government relations
  • Represents transportation service providers in matters before regulatory agencies, including legislative, regulatory compliance, rate, tariff, medallion allocation, fuel surcharge and certificate hearings
  • Represents energy providers, large users, and developers in resolving public utility issues
  • Argued significant appellate issues before the Supreme Court of Nevada and the United States Court of Appeal for the Ninth Circuit
  • Obtained favorable trial verdicts, administrative hearing decisions, government and legislative outcomes for business clients

Representative Business Litigation

  • Defended antitrust class action concerning alleged manipulation of natural gas price indices
    • State of Nevada et al. v. Reliant Energy, Inc. et al.
    • District Court, Clark County, Nevada, Case No. A497489
    • Supreme Court of Nevada, Case No. 55752, 128 Nev. Adv. Op. 46 (Sept. 27, 2012)
    • U.S. Supreme Court, Case No. 12-980, cert. denied
  • Defended multiple antitrust class actions concerning alleged manipulation of natural gas price indices
    • In Re: Western States Wholesale Natural Gas Antitrust Litigation
    • U.S. District Court, District of Nevada, MDL-1566
    • U.S. Court of Appeal for the Ninth Circuit, Case No. 11-16786
    • U.S. Supreme Court, Case No. 13-271, 575 U.S. ___ (2015)
  • Defended class action concerning alleged civil RICO violations and deceptive trade practices relating to transportation services
    • Theodore Trapp v. Big Pappa’s, LLC et al.
    • U.S. District Court, District of Nevada, Case No. 2:09-cv-00995-LDG-PAL
  • Defended national magazine company against alleged violations of the FTC Act and Telemarketing Sales Rule
    • Federal Trade Commission v. Publishers Business Services, Inc. et al.
    • U.S. District Court, District of Nevada, Case No. 2:08-cv-00620-PMP-PAL
    • U.S Court of Appeals for the Ninth Circuit, Case No. 11-17270

Education

  • University of Wyoming College of Law (J.D., honors, 1998)
  • University of Wyoming (B.S., Political Science, honors, 1995)
    • Pi Sigma Alpha National Political Science Honor Society

Court Admissions

  • Supreme Court of Nevada
  • United States District Court, District of Nevada
  • United States Court of Appeals, Ninth Circuit

Professional Memberships & Activities

  • American Bar Association
    • Public Utility, Communications, and Transportation Law Section
  • State Bar of Nevada
    • Administrative Law Section
    • Energy, Utilities, and Communication Law Section
  • Clark County Bar Association
  • American Inns of Court
    • Nevada Chapter – The Howard D. McKibben Inn of Court

Representative Presentations & Publications

  • “The 2015 Session of the Nevada Legislature: A Review of Issues Important to In-House Counsel,” Moderator; Panelists: Senator Greg Brower, Kim Sinatra (EVP & GC, Wynn Resorts) and Mike Sloan (SVP Government Relations, Fertitta Entertainment & Station Casinos); Las Vegas, NV (July 2015)
  • “The 78th Regular Session of the Nevada Legislature: A Review and Look Ahead,” Transportation Panel Moderator; Panelists: Senator Scott Hammond and Ileana Drobkin (Chair, Nevada Taxicab Authority); Las Vegas, NV (June 2015)
  • “Gaming Regulation: A Look Toward 2015 and Beyond,” Moderator; Panelists: Chairman A.G. Burnett (Nevada Gaming Control Board), Commissioner Randolph Townsend (Nevada Gaming Commission) and Senator Greg Brower; Las Vegas, NV (January 2015)
  • “Nevada Preview 2015: Insiders Discuss the Recent Elections and What to Expect in the Upcoming Legislative Session,” Moderator; Reno Panelists: Senator Greg Brower, Keith Lee and Assemblywoman Teresa Benitez-Thompson; Las Vegas Panelists: Senator Aaron Ford, Honorable Gene T. Porter and Assembly Majority Leader Paul Anderson (November 2014)
  • “The Missing Link: How Consumer Technology Can be Integrated with the Regulatory System,” Presenter; International Association of Transportation Regulators, 25th Anniversary Conference; Four Seasons Hotel, Washington, D.C. (November 2012)
  • “Regulations: Distinguishing Between Taxi and Limo Service,” Presenter; Taxicab, Limousine & Paratransit Association, 94th Annual Convention & Trade Show; Caesars Palace, Las Vegas, NV (October 2012)
  • “The State of the Business Courts in Nevada,” Panelist; William S. Boyd School of Law Lecture Series, University of Nevada, Las Vegas (February 2009)
  • “Venture Capital What Lies Ahead in the Future,” Panelist; Private Equity Summit for Institutional Investors; Wynn Resort, Las Vegas, NV (October 2007)
  • “Negotiation Skills are Not Just for Litigators,” Co-Presenter with Ronald E. Bailey; Bullivant Houser Bailey PC All-Attorney Retreat; Portland, OR (May 2007)
  • “Corporate Professional Responsibility,” Panelist; Association of Corporate Counsel; Wynn Resort, Las Vegas, NV (June 2005)
  • “Claim File Documentation,” Presenter; Wyoming Public Risk Management Association; Cheyenne, WY (June 2004)
  • “Recent Developments in the States (Nevada Section),” Contributing Author; Committee Report, Section of Public Utility, Communications and Transportation Law Electricity (2001-2003)
  • “Wal-Mart, Adult-Use Zoning and Other Hot Topics,” Section Co-Author with Lucy A. Stewart; Land Use Law: Managing Growth in the Valley (April 2000)

Professional Recognition & Awards

  • Mountain States Super Lawyers®, Administrative Law (2013, 2014, 2015)
  • Law Dragon Top 3000 Leading Lawyers in America (2010 – present)

Community Involvement

  • Big Brothers Big Sisters of Southern Nevada
    • Donor & Volunteer Big Brother (2009 – present)
    • “Big of the Month” (July, 2011)
  • Marty Hennessy Inspiring Children Foundation
    • Advisory Board, Donor & Volunteer (2003 – present)
    • Founder and Host, Physicians’ & Barristers’ Ball Charity Tennis Classic (2012 – present)
  • Legal Aid Center of Southern Nevada
    • Pro Bono Attorney (2001 – present)
  • FBI Las Vegas Citizens Academy Alumni Association (2011 – present)
    • Academy Graduate (May, 2011)
    • General Counsel to Board of Trustees (2014 – 2015)
    • Member, Board of Trustees (2016)

Other Professional Experience

  • Snell & Wilmer LLP, Partner (2007 – 2015)
  • Private Law Practice (1999 – 2007)
  • State of Nevada, Public Utilities Commission, Administrative Attorney (1998-1999)
  • State of Wyoming, Public Service Commission, Legal/Technical Advisor (1996-1998)

Military Service

  • United States Army (Active Duty, 1985-1987)
  • 2d Armored Cavalry Regiment, 2d Squadron
  • Bamberg, Germany / Camp Hof, Germany
  • United States Army (Active Reserve, 1987-1988)
  • Wyoming Army National Guard (1988-1990)