A Trustworthy Investment Option
Senate Bill 61 offers new opportunities for business trusts Over the years, common law trusts have been to preserve and protect property due to their flexibility. However, as the common law...
View ArticleResidential Foreclosures: How the mortgage process is changing in Nevada
The avalanche of foreclosures over the past few years has resulted in many changes to both the nation’s banking laws and Nevada’s residential mortgage foreclosure process. Many of these changes seek to...
View ArticleUnderstanding the Law: Regarding Non-Compete Agreements
Q: “I just discovered that I hired an employee who is bound by a non-compete agreement with his former employer. What do I do now?” Under Nevada law, a post-employment restrictive covenant —...
View ArticleNevada’s Uniform Interstate Depositions and Discovery Act: Understanding...
From time to time, attorneys get calls from clients who have just received scary-looking subpoenas “commanding” them, in ALL CAPS, to produce documents in legal proceedings pending in other states....
View ArticleTaxes, Taxes & Taxes… Oh My!: Lawmakers trying to poach more from private...
“Revenue solutions” are the talk of Carson City as the Nevada Legislature heads into its final week. Unsatisfied with Gov. Brian Sandoval’s newest proposals to hold state spending in the next budget...
View ArticleGreen Building: Growing from Voluntary to Mandatory
Green building emerged as somewhat of a proactive or “feel good” movement. While some may dismiss “green” as a passing trend, regulators from local to federal levels are creating laws and regulations...
View ArticleIndependent Contractor or Employee?: IRS Will Now Settle Employment Taxes
After receiving much success from its Voluntary Offshore Bank Account Disclosure Program, the Internal Revenue Service (“IRS”) has now decided to provide an opportunity for businesses to come clean by...
View Article“Baseless” Case Merits Five and a Half Hours Before U.S. Supreme Court
The U.S. Supreme Court has decided to review the case brought by 26 states challenging the constitutionality of the Patient Protection and Affordable Care Act (PPACA). Some legal commentators believe...
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Series LLCs: Protect Your Investment
With home prices at historic lows, and mortgage interest rates around 4%, real estate investment is on the rise. If you own (or are considering owning) multiple rental properties, consider starting a...
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America Invents Act Significantly Changes Patent Law: Understanding the New Law
Thanks to the recently-passed America Invents Act, Nevada businesses may find it easier to get “patent pending” status for their inventions, but the race against competitors has not yet begun. Perhaps...
View ArticleOpportunities Abound in Gov’t Contracting for Women-Owned Small Businesses
The federal government is the world’s biggest customer of goods and services with purchases totaling more than $425 billion per year from construction and technical services to office furniture and...
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Nevada Business’ Duty to Cooperate in a First Party Insurance Claim
One of the favorite tools insurance companies use to deny a claim is to assert the insured failed to cooperate or somehow impeded the insurance company’s investigation. In order to avoid this potential...
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Deriving Value from Patents: Strategies for Handling the Legal Challenges
While a patent holder may derive substantial revenue though licensing its patent portfolio, engaging in licensing negotiations presents a number of potential traps for the unwary. In the April issue of...
View ArticleThe Unintended Franchise: If It Quacks Like A Duck . . .
Are you operating a franchise system without realizing it? If you are licensing to others the right to use your trademark for a fee, the answer could be yes. Under both federal and some state laws, a...
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Following Through With a Judgement: Working Towards a Successful Debt Collection
John R. Funk When a business sells goods or services, that business can expect to be paid. However, payment is not always the reality. If a business is not getting paid, there are options to seeking...
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Mediation: A Litigation Alternative
Bruce Leslie “Real peace is not the absence of conflict. Rather it is that state where conflict is managed effectively, efficiently and respectfully.” – Unknown Conflict resolution can be viewed on a...
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Seven Pitfalls To Avoid When Negotiating Business Contracts
1) Letters of Intent A “non-binding” letter of intent is commonly pursued when parties begin business discussions. Unfortunately, if one of the parties has a change of heart, the letter of intent may...
View ArticleAre Unpaid Internships Becoming a Thing of the Past?
Employers in Nevada and every state have historically used unpaid interns for a variety of reasons, it being taken for granted that the research, filing and coffee-schlepping were necessary steps to...
View ArticleWage Insurers, Enforcers and a General Contractor’s Role
In 1931, the Nevada Legislature enacted a statute that made general contractors (GC) liable for the labor-related debt of their subcontractors. This statute, now codified as NRS 608.150, was set up to...
View ArticleMonitoring Employees’ Computer Use in the Age of Encryption
The right to monitor the performance of an employee by monitoring computer use is recognized by most courts when the employer is a private, as opposed to a governmental, employer. Indeed, in some...
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