With large troves of sensitive consumer financial data and more cash transactions per minute than some of the world’s largest banks, today’s gaming and casino institutions are ideal targets for cybercriminals seeking hefty payouts. Casinos also have to guard multiple points of entry, from on-site stores, restaurants, entertainment venues, ATMs and point-of-sale … [Read more...]
A Busy Period For the Nevada Supreme Court
Business professionals often complain that the lack of case law in Nevada creates a climate of uncertainty for business decision-making. The Nevada Supreme Court has been working to change that and, in recent months, the Court was particularly productive, issuing numerous published opinions that affect Nevada’s businesses and the real estate market. Following … [Read more...]
Administrative Law and Commerce: The Inevitable Yet Unpredictable Collision Between Business and the Regulatory State
As government grows so, too, does its so-called “fourth branch” made up of administrative agencies? In theory, these agencies are the law’s enforcers, tasked with implementing and executing legal commands. In practice, they do much more. They may also be the law’s creators, its interpreters, and its adjudicators – all at the same time. They speak first when … [Read more...]
Protecting Purchasers in Commercial Property Transactions
Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner dumped its manufacturing chemicals down the drain. The pipes leaked and now the soil and groundwater are contaminated. The seller is out … [Read more...]
Nevada’s Gaming Past Illuminates The Marijuana Industry’s Future
When the Nevada Legislature legalized gaming in 1931, the publisher of the Nevada State Journal called the act, “legalized liberality.” The small railroad stop of Las Vegas issued its first gaming license to a woman named, “Mayme Stocker.” A true pioneer, Ms. Stocker ran the Northern Club along Fremont Street, which had been operating in a gray legal area by … [Read more...]
Business Succession Planning: Do It Now, Before It’s Too Late
According to the Small Business Administration, small businesses make up approximately 99.7 percent of U.S. employer firms. Of that number, approximately 78.5 percent of U.S. small businesses are non-employer (businesses without employees). More than 50 percent of all small business owners are 50 or older. Although small business owners usually understand the … [Read more...]
Does the Management of Your LLC Owe a Duty to Act in the Interests of the LLC and the Members?
This is not a trick question, and the answer is – it depends. There are several advantages to using a Limited Liability Company (LLC) in Nevada. The Nevada Limited Liability Company Act affords owners (members) wide flexibility and freedom to decide how to operate and manage the entity. These are important decisions, usually made at the time the LLC is created. A … [Read more...]
Telehealth: The Future is Now
Imagine that a radiologist who resides in Australia reads a CT scan of a patient brought to an emergency room in Ely after a car accident. The CT scan is transmitted with an artifact that results in an incorrect diagnosis by a neurosurgeon in India, which is conveyed to the ER physician. The fiber optic cable used was installed by a vendor with a principal place … [Read more...]
Electronically Stored Information: The Business Litigation Boogeyman
Electronically stored information (ESI) is a necessary fact of life in business. Technological advances have created staggering volumes of information. While essential, ESI’s sheer magnitude has exponentially increased the cost of commercial litigation. Today, responding to a discovery request can be in the millions of dollars if several years’ worth of archived … [Read more...]
Dispute Resolution: Alternative Options
With the increased costs of litigation, companies are looking for alternative methods of dispute resolution. Alternative dispute resolution (ADR) has become an attractive option for many companies looking to avoid the time and costs typically associated with litigation. Depending on the type of issues being faced, ADR can provide a more effective way of … [Read more...]
Cybersecurity Protecting Personally Identifiable Information
By John L. Krieger, Member, Dickinson Wright’s Intellectual Property and Entertainment and Sports Departments Privacy laws are becoming more consumer-focused and companies that collect personally identifiable information about their consumers, and who fail to tell those customers what they are doing with that information, are beginning to find themselves in uncomfortable … [Read more...]
Arbitration’s Dirty Little Secrets
By R. Duane Frizell, partner and Jonathan C. Callister, partner, Callister & Frizell This article is not an attack on the widespread use of arbitration. Good arbitrators daily shoulder the burden of adjudicating parties’ rights in a manner that is economical and sound. That said, as with anything, there are risks. Businesses need to consider them before agreeing to … [Read more...]
Can You Get Appellate Review in the Middle of Your Case?
By Debbie Leonard, Partner and Jeff Silvestri, Partner, McDonald Carano It happens more than we’d like. You’re in the midst of contentious litigation and the judge issues a “bad” ruling. Most times, you just lick your wounds and press on. Some rulings, however, can throw your case into a tailspin, derail your trial strategy or, worse, dismiss your claims entirely while … [Read more...]
Trust & Estate Litigation No Longer Confined to Stiffs & Gifts
By Alexander G. LeVeque, Partner, Solomon Dwiggins Freer, Ltd. Over the years, my firm has represented scores of business owners who never imagined that they would need the services of a trust & estate litigation attorney, especially when no one had recently died. While it is common for business owners to retain attorneys for estate and business planning (and sometimes … [Read more...]
Franchisors as Joint Employers Strategies for Avoiding the NLRB
By Brandon M. Garrett, Attorney and Matthew J. Kreutzer, Attorney, Howard & Howard Attorneys PLLC If you’ve ever been involved with franchising, then you know first-hand that the regulatory landscape for franchise companies can be daunting – particularly for those that aren’t familiar with the nuances of state and federal franchise laws. Navigating this already … [Read more...]
Compliance is Key in the Marijuana Industry
By Alicia Ashcraft, Esq., Managing Partner & Jeffrey Barr, Esq., Partner, Ashcraft & Barr, LLP. In the United States, 25 of 50 States permit some form of legalized marijuana use. However, business owners and operators in this industry face the frustrating and risky morass of conflicting government regulations. Marijuana is illegal under federal law, but it is legal … [Read more...]
Making Your Mark: The Basics of Brand Protection
By Erin Lewis, Shareholder, Brownstein Hyatt Farber Schreck Picture a laundry detergent. Let me guess … Tide? You have just demonstrated the power of branding. In today’s crowded marketplace, a company’s brand can be its single most valuable asset. In fact, the world’s top brands are estimated to be worth as much as $150 billion. With so much at stake, you should be thinking … [Read more...]
Nevada Asset Protection Trusts How Effective Are They?
By Robert L. Bolick, Shareholder, Durham Jones & Pinegar It took hard work to get where you are, so how do you protect what’s yours? Nevada is well known for having some of the best and strongest asset protection laws in the country. Perhaps the strongest weapon in our arsenal is our asset protection trust. The following are FAQ’s regarding Nevada Asset Protection Trusts … [Read more...]
Acquiring a Property with Grandfathered Liquor and Gaming Entitlements
State and local laws regarding the development of real property are continually evolving. Sometimes they evolve to such an extent that certain improvements on or uses of property previously permitted become prohibited. Property developed and operating under obsolete laws is frequently referred to as “grandfathered.” Grandfathered gaming and liquor establishments are … [Read more...]
Know Your Appellate Audience
Appellate advocacy is the art of persuading, through oral and written communication, a majority of the judges or justices hearing your case to rule in your client’s favor. To be effective, a mastery of the relevant law and policy is not always enough. As Judge Richard A. Posner of the Seventh Circuit Court of Appeals has explained, “a sense of the audience is the key to an … [Read more...]
