By J. Malcolm DeVoy, Attorney, DeVoy Law Nevada law imposes obligations upon physicians that are under-appreciated and may foil an otherwise effective compliance program. Medical providers are aware of the federal penalties for kickbacks and impermissible self-referrals under the Anti-Kickback Statute and the Stark Law, which can include civil monetary penalties, exclusion … [Read more...]
馬馬虎虎 (“Horse, Horse, Tiger, Tiger”) Avoiding Mediocrity with Your Chinese Clients
By R. Duane Frizell, Esq.1, Attorney, Frizell Law Firm The Chinese say, “horse, horse, tiger, tiger.” Neither one nor the other. Mediocre. An understanding of pertinent issues helps U.S. businesses avoid mediocrity in the important Chinese market. Between 2000 and 2015, Nevada’s Asian population doubled.2 In the U.S. as a whole, from 2007-2015, the number of employees at … [Read more...]
Political Discussions in the Workplace
by Jason D. Guinasso, Managing Partner, Hutchison & Steffen Attorneys Political discussions and debate are common at work among managers and employees. Indeed, in today’s polarizing political climate, it seems as if everyone has a political opinion and they are not shy about sharing it. Surprisingly, few companies have a written policy on political discussions and … [Read more...]
Appellate Courts Increasingly Affirm Trial Court Decisions to Dismiss Lawsuits
By Joel D. Henriod, Partner, Lewis Roca Rothgerber Christie A current trend in the federal and Nevada appellate courts brings to mind the 1988 fight between Michael Spinks and the reigning heavyweight champion, Mike Tyson. Both were undefeated. It was then the richest fight in history, grossing $70 million, funded largely by pay-per-view fees from over 600,000 households. … [Read more...]
The Opportunity Zone Program a Boon to Economic Development and Private Investment
By Kade Miller, Attorney, Snell & Wilmer The passage of the Tax Cuts and Jobs Act resulted in the creation of a powerful tax incentive program that is generating considerable interest and activity in the economic development and investment communities. Known as the Opportunity Zone Program (OZ Program), this tax incentive regime is designed to stimulate economic … [Read more...]
Legal Predictions for the 2019 Marijuana Industry
“Prediction is very difficult, especially if it’s about the future.” —Nils Bohr, physicist and Nobel laureate By Alicia Ashcraft, Managing Partner, Ashcraft & Barr In last year’s “Legal Opinions” section of Nevada Business Magazine, we made three predictions about Nevada’s marijuana industry. We re-visit those predictions in this article to see how well our … [Read more...]
Private Equity Lending: Is It a Good Choice for Business?
By Samuel A. Schwartz, Transactional Attorney, Brownstein Hyatt Farber Schreck Prior to the Great Recession, private equity firms were historically devoted to buy outs and smaller loans that traditional banks had no interest in funding. Since that time, according to estimates by the private equity firm Ares Management, nonbanks held more than half a trillion dollars’ worth … [Read more...]
Cyber Challenges in the Gaming Industry: For the House to Win, It Can’t Gamble on Cybersecurity
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...]
