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
Nevada law
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...] about Embracing Due Diligence On Your Company
Collections – What Rights Do Businesses Have To Collect What They Are Owed?
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?
Does Your Case Warrant An Appellate Expert?
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 Business Succession Opportunities
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
Mobile Gambling and the Implications of American Broadcasting Company, Inc. v. Aereo, Inc.
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.
Court of Appeals: Timely Justice to Nevadans and their Businesses
Nevada’s Supreme Court has been overburdened for decades as it struggles to provide the public with speedy access to justice in the face of an ever growing population. The increasing backlog of cases is prolonging justice in Nevada. Currently, 56 percent of all appeals require more than six months to be heard, with 29 percent taking more than one year. As a consequence justice … [Read more...] about Court of Appeals: Timely Justice to Nevadans and their Businesses
Seven Pitfalls To Avoid When Negotiating Business Contracts
1) Letters of Intent A “non-binding” letter of intent is commonly pursued when parties begin business discussions. Unfortunately, if one of the parties has a change of heart, the letter of intent may work against those who attempt to walk away. Certain phrases can cause the letter of intent to mean more than was originally intended. A court may interpret the letter of intent … [Read more...] about Seven Pitfalls To Avoid When Negotiating Business Contracts
Legal Opinions 2013
Attorneys, like doctors, have highly specialized skills that are in high demand, especially in today’s increasingly legalistic world. The following pages feature a special report that gives the reader the opportunity to receive legal advice at a fraction of the cost (in essence 100 percent off the lawyer’s normal rates). The following pages offer free legal advice in the form … [Read more...] about Legal Opinions 2013
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