Giving Proper Attention to Your “Entrance Strategy”

Many businesses encounter difficulties, even debilitating conflicts, during their life cycle because not enough attention was paid to its entrance strategy.

Business people with great ideas want to move on them quickly and see them flourish in the marketplace. Even new businesses often keep their eyes on an aspirational prize: the “exit strategy”. However, many businesses encounter difficulties and sometimes even debilitating conflicts during their life cycle because not enough attention was paid to the company’s organizational … [Read more...]

Five Ways to Avoid Litigation

Litigation is an expensive endeavor to all parties involved, not just financially, but also the lost opportunity costs associated.

The reality of today’s world is that we live in a litigious society. Litigation is an expensive endeavor to all parties involved, not just financially, but also the lost opportunity costs associated with the amount of time spent litigating the case rather than focusing on your business itself. The best way to avoid litigation is to reduce the risk of being sued or having to … [Read more...]

Embracing Due Diligence On Your Company

Your business will likely undergo a period between agreeing on a term sheet or letter of intent and signing a definitive agreement – the due diligence phase

Whether you seek third party investment in your company or want to sell it, your business will most likely undergo a period between agreeing on a term sheet or letter of intent and signing a definitive agreement – the due diligence phase. Many companies dread this, but as transactional lawyers who frequently represent companies raising investment capital or participating in … [Read more...]

Collections – What Rights Do Businesses Have To Collect What They Are Owed?

Collection agencies generally charge a contingency fee for collecting. While some attorneys may charge a contingency fee for collection work, many do not.

Getting paid for the goods and services you provide is vital to every business. For many business owners, collecting what is owed is the least pleasant part of their business. You entered the business world to sell a product or provide a service – not to chase receivables. Collection does not, however, have to be a dreadful burden. There are many steps that can be taken to … [Read more...]

Does Your Case Warrant An Appellate Expert?

Very few appeals are successful. The appellate courts will assume that your trial was fair enough and that sufficient evidence justified the judgment.

You lost. After years of litigation—cumbersome discovery, numerous pre-trial motions, and a contentious trial—the jury ruled against you. You have important decisions to make. Accept the Result or Appeal? Statistically, very few appeals are successful. The appellate courts will assume that your trial was fair enough and that sufficient evidence justified the judgment. … [Read more...]

Small Business Succession Opportunities

Small businesses grow through the ingenuity of their owners, pride in a flourishing business can make identifying a succession plan difficult.

Small businesses grow through the ingenuity of their owners. An owner’s pride in a flourishing business can make identifying and implementing a succession plan difficult, but addressing succession planning can prevent disastrous outcomes. Recognizing The Result Of Failure To Plan. Many owners fail to plan for the inevitable life changes – retirement, incompetency, and death – … [Read more...]

Mobile Gambling and the Implications of American Broadcasting Company, Inc. v. Aereo, Inc.

Mobile gaming on smart phones and tablets is projected to be a $100 billion industry by 2017.

The United States Supreme Court’s interest in intellectual property cases has waxed and waned over the decades. Under Chief Justice Roberts, however, the Court has shown a renewed willingness to take on such matters, and the Court’s recent decision in American Broadcasting Company, Inc. v. Aereo, Inc. (“ABC v. Aereo”), is just one example. Increasingly in these cases, the … [Read more...]

Chapter 11 for Individuals: Three Key Differences from Business Reorganizations

Chapter 11 is primarily a vehicle for businesses to reorganize, but can also be utilized by individuals.

Chapter 11 is primarily a vehicle for businesses to reorganize, but can also be utilized by individuals (i) who have debts that exceed the limits for “wage earner” repayment plans under Chapter 13; and/or (ii) earn too much to be eligible for a Chapter 7 liquidation. For example, Chapter 13 is only available to debtors with less than $383,175 in unsecured debt (debts that are … [Read more...]

Estate Tax Changes Require Immediate Attention

Few people are aware that as a result of “fiscal cliff” negotiations Congress also enacted permanent changes to the federal estate tax and gift tax laws.

Many people likely recall Congress’ so-called “fiscal cliff” negotiations at the end of 2012, which resulted in a great deal of commotion regarding changes to the income tax. Most of us have encountered these changes to some degree, but fewer people are probably aware that as a result of the “fiscal cliff” negotiations Congress also enacted permanent changes to the federal … [Read more...]

Campaign Finances — But I want to Give More! The Struggle between the First Amendment and Corruption

The Struggle between the First Amendment and Corruption in Campaign Finances

“I am not a crook.” In the wake of violations in the Watergate Scandal, the Federal Election Commission (FEC) was created in 1974 to oversee and enforce campaign finance regulations and the Federal Election Campaign Act was amended to limit campaign contributions.  Two years after the Watergate scandal, the US Supreme Court in the case of Buckley v. Valeo heard its first … [Read more...]

Preparing for the Affordable Care Act

In preparing for the Affordable Care Act, businesses should start their compliance efforts by taking the following steps.

No issue in last five years has been as polarizing as health care reform. Baring a repeal of the law, however, ACA will forever change the way Americans obtain health insurance coverage, access health care services and view the health care system. For businesses, understanding and complying with ACA will soon become a reality of everyday life. The many upcoming changes … [Read more...]

Legal Remedies to False On-Line Attacks by Customers or Clients

When unhappy customers post false online attacks, your reputation – and business – can suffer.

Your customers are talking about you – and the whole world is listening: “Total rip-off!” “Terrible customer relations.” “Completely botched it and charged me twice as much as quoted.” When unhappy customers post these types of comments (or worse) about your business on-line, your reputation – and business – can suffer. For most businesses, especially small … [Read more...]

Homeowner’s Bill of Rights

On October 1, 2013, Nevada’s Senate Bill 321, or what is commonly referred to as the Homeowner’s Bill of Rights (HBR), went into effect.

On October 1, 2013, Nevada’s Senate Bill 321, or what is commonly referred to as the Homeowner’s Bill of Rights (HBR), went into effect. The HBR applies only to owner-occupied homes, and adds the following steps to the foreclosure process: No less than 30 days after a homeowner defaults, but at least 30 days before a lender either (a) files a “notice of default and election … [Read more...]

The Trend To Greater Patent Portfolio Awareness Hits The Bottom Line

William Zychlewicz

Savvy businesses today, regardless of their size, are learning they can generate significant value by selling or licensing their portfolio of intellectual property assets, most notably patents. In fact, those that recognize the potential of their patent portfolio are reaping large rewards that make an impact on their balance sheet. While in the past, valuations of patent … [Read more...]

The Business and Practices of Medicine Post the Affordable Care Act: What Challenges Lie Ahead for Nevada

Patricia Daehnke

By: Patricia Egan Daehnke & Kristin Marker The Patient Protection and Affordable Care Act ("ACA"), enacted by Congress in 2010, has been the subject of heated political debate since it was passed. Determined to be constitutional in 2012 by the U.S. Supreme Court, states are now faced with the challenge of incorporating the federal health care mandates into existing state … [Read more...]

Positive Changes

Left to right: Robert T. Eglet and David T. Wall

Most people rarely, if ever, are forced to deal with life-altering events. As a law firm specializing in personal injury litigation, we deal with tragic life-altering events every day. Every once in a while, however, our law firm is able to not only help our clients make the best out of a life-altering situation, but we are able to effect change; the kind of change that helps … [Read more...]

Pointers on Selecting a Chapter 11 Bankruptcy Counsel

Matthew Zirzow

As a business owner you undoubtedly will be involved in one aspect or another of a Chapter 11 bankruptcy case. Representation by a competent bankruptcy professional is imperative to protecting your interests because the practice is fast-paced and requires intimate knowledge of a specific and complicated federal statutory scheme (the Bankruptcy Code), as well as of the local … [Read more...]

Question: Who are the good guys in construction defect lawsuits? Answer: Certainly not the lawyers.

R. Scott Rasmussen

In 1996, I came to Las Vegas, fresh out of law school as a new lawyer, trying to find a job and make a name for myself. With two small children, my wife and I saw Las Vegas as a great opportunity to lay down some roots. We saw Nevada as a great place for a lawyer fresh out of law school to start a career. One of my first projects was the representation of a local stucco … [Read more...]

Preparing to Avoid the Biggest Threat to Your Business: Litigation

Left to right: John Steffen and Telia Williams

As a small business owner, avoiding the crippling dangers of litigation should be at the top of your list of priorities. Lawsuits are not only costly, but they can take you by surprise and take away your focus from one of your business’ most crucial tasks—your bottom line. There are several simple measures that every small business owner can take to minimize the threat of a … [Read more...]

Will an Umbrella Protect You from a Lightning Strike?

Left to right: Colins Hunsaekaer and Jeffrey Burr

We all have heard the overused phrase that “we live in a litigious society.” For many of us, being a named defendant in a lawsuit can be compared to being stuck in a lightning storm with an umbrella - an unsettling proposition. Even if a person believes that he or she is not at fault for another’s damages or injuries, that person is relying on what many believe is an imperfect … [Read more...]