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...] about Does the Management of Your LLC Owe a Duty to Act in the Interests of the LLC and the Members?
Legal Opinions
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...] about Telehealth: The Future is Now
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...] about Electronically Stored Information: The Business Litigation Boogeyman
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...] about Dispute Resolution: Alternative Options
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...] about Cybersecurity Protecting Personally Identifiable Information
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...] about Arbitration’s Dirty Little Secrets
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...] about Can You Get Appellate Review in the Middle of Your Case?
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...] about Trust & Estate Litigation No Longer Confined to Stiffs & Gifts
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...] about Franchisors as Joint Employers Strategies for Avoiding the NLRB
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...] about Compliance is Key in the Marijuana Industry
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...] about Making Your Mark: The Basics of Brand Protection
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...] about Nevada Asset Protection Trusts How Effective Are They?
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...] about Acquiring a Property with Grandfathered Liquor and Gaming Entitlements
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...] about Know Your Appellate Audience
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...] about Meet Your New Employees NLRB Expands Joint Employer Test