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...]
Meet Your New Employees NLRB Expands Joint Employer Test
The National Labor Relations Board just expanded the standard for determining joint employer status under the National Labor Relations Act (NLRA). With a 3-2 vote, the Board overturned 30 years of case law in its eagerly anticipated Browning-Ferris decision. Under the new rule, an alleged joint employer no longer actually needs to exercise direct control over the employees of … [Read more...]
Intellectual Property: Understanding and Protecting Your Most Valuable Assets
There is no doubt the intellectual property (IP) assets owned, generated or acquired by your business can be vital to its success or failure. A thoughtful IP strategy can help you realize the value of IP assets. For example, your IP assets may generate revenue through the licensing, sale or commercialization of certain protected products or services, as well as significantly … [Read more...]
Protect Your Small Business
Lately, more and more clients ask what they can do to protect their small businesses. Most understand that corporations and limited liability companies (LLCs) may shield them from personal liability for the debts and other obligations of the business; however, they seem to be unclear as to how the law works in the opposition direction. How can an owner protect their small … [Read more...]
Giving Family Members a Piece of the Business: Tips and Traps
Perhaps you have been considering giving your children a piece of the family business. Maybe you would like them to be more involved or invested in its future. Maybe your financial advisor has been urging you to do some estate or income tax planning. Or maybe you are just looking to retire. Whatever the reason, it may be time for you to decide exactly how you are going to … [Read more...]
ACA Rollout Continues With Employer Mandate and Cadillac Tax
On March 23, 2010, the Patient Protection and Affordable Care Act (ACA) became law, initiating the most significant change in U.S. healthcare since the establishment of Medicare in 1965. Many significant health plan changes have already occurred. The rollout of ACA continues with the implementation in 2015/2016 of “employer mandate” and in 2018 of the controversial “Cadillac … [Read more...]
HOAs, Super Priority Liens, and Foreclosures Life After SFR Investments v. US Bank
Recently, the Nevada Supreme Court tackled two critical issues: First, whether a homeowners’ association (“HOA”) is a super priority lien on a property for up to 9 months of unpaid HOA dues; and second, whether such lien can be foreclosed upon nonjudicially. These issues were decided in the affirmative in SFR Investments Pool 1 v. US Bank, 334 P.3d 408 (2014). In SFR, former … [Read more...]
Integrating Drones into the National Airspace System
A Job for Technically Competent Engineers and Regulators and Government Relations Lawyers When Congress ordered the Federal Aviation Administration (“FAA”) to come up with a plan for the safe integration of aerial vehicles which do not have a pilot on board, variously referred to as unmanned aerial systems (“UAS”), remotely piloted systems (“RPS”) and drones, it was … [Read more...]
Giving Proper Attention to Your “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
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
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...]
