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...] about Mobile Gambling and the Implications of American Broadcasting Company, Inc. v. Aereo, Inc.
Legal Opinions
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 (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...] about Chapter 11 for Individuals: Three Key Differences from Business Reorganizations
Estate Tax Changes Require Immediate Attention
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...] about Estate Tax Changes Require Immediate Attention
Campaign Finances — But I want to Give More! The Struggle between the First Amendment and Corruption
“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...] about Campaign Finances — But I want to Give More! The Struggle between the First Amendment and Corruption
Preparing for the Affordable Care Act
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...] about Preparing for the Affordable Care Act
Legal Remedies to False On-Line Attacks by Customers or Clients
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...] about Legal Remedies to False On-Line Attacks by Customers or Clients
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. 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...] about Homeowner’s Bill of Rights
The Trend To Greater Patent Portfolio Awareness Hits The Bottom Line
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...] about The Trend To Greater Patent Portfolio Awareness Hits The Bottom Line
The Business and Practices of Medicine Post the Affordable Care Act: What Challenges Lie Ahead for Nevada
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...] about The Business and Practices of Medicine Post the Affordable Care Act: What Challenges Lie Ahead for Nevada
Positive Changes
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...] about Positive Changes
Pointers on Selecting a Chapter 11 Bankruptcy Counsel
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...] about Pointers on Selecting a Chapter 11 Bankruptcy Counsel
Question: Who are the good guys in construction defect lawsuits? Answer: Certainly not the lawyers.
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...] about Question: Who are the good guys in construction defect lawsuits? Answer: Certainly not the lawyers.
Preparing to Avoid the Biggest Threat to Your Business: Litigation
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...] about Preparing to Avoid the Biggest Threat to Your Business: Litigation
Will an Umbrella Protect You from a Lightning Strike?
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...] about Will an Umbrella Protect You from a Lightning Strike?
Choose Words Carefully: Determining One’s Status in Federal Investigations
Whenever a client has the misfortune of being visited by federal agents or served with a grand jury subpoena, he wants to know the answer to a basic question: What is going to happen to me? Federal grand jury investigations are intimidating, long lasting, and stressful. The grand jury’s primary function is to determine if there is probable cause that someone committed a … [Read more...] about Choose Words Carefully: Determining One’s Status in Federal Investigations
Pro Bono Attorneys: Changing Lives One at a Time
Mary was excited to be pregnant. She adored her young child and was thrilled at the prospect of having another. One day, she experienced a pain and went to the emergency room. Unfortunately, she miscarried. She then developed sepsis and lost both her arms and legs. Despite this tragic development, she worked on getting her strength back. Mary bonded with the nurses at the … [Read more...] about Pro Bono Attorneys: Changing Lives One at a Time
Intent to Use Trademark Applications – Planning for and Preparing Your Intent to Use
There are two primary types of trademark (and service mark) applications that are filed with the United States Patent and Trademark Office (“PTO”). The first type of application is called an “in use” or “Section 1(a)” application. An “in use” application is filed when an applicant is actually using a trademark in commerce in conjunction with the sale of the applied-for goods or … [Read more...] about Intent to Use Trademark Applications – Planning for and Preparing Your Intent to Use