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...] about Trust & Estate Litigation No Longer Confined to Stiffs & Gifts
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...] about Franchisors as Joint Employers Strategies for Avoiding the NLRB
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...] about Compliance is Key in the Marijuana Industry
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...] about Making Your Mark: The Basics of Brand Protection
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...] about Nevada Asset Protection Trusts How Effective Are They?
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...] about Acquiring a Property with Grandfathered Liquor and Gaming Entitlements
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...] about Know Your Appellate Audience
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...] about Meet Your New Employees NLRB Expands Joint Employer Test
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...] about Intellectual Property: Understanding and Protecting Your Most Valuable Assets
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...] about Protect Your Small Business
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...] about Giving Family Members a Piece of the Business: Tips and Traps
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...] about ACA Rollout Continues With Employer Mandate and Cadillac Tax
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...] about HOAs, Super Priority Liens, and Foreclosures Life After SFR Investments v. US Bank
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...] about Integrating Drones into the National Airspace System
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...] about Giving Proper Attention to Your “Entrance Strategy”
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...] about Five Ways to Avoid Litigation
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...] about Embracing Due Diligence On Your Company
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...] about Collections – What Rights Do Businesses Have To Collect What They Are Owed?
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...] about Does Your Case Warrant An Appellate Expert?
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...] about Small Business Succession Opportunities