How to get paid in Nevada as a Lender?
We have collected on promissory notes, guarantees, and other commercial instruments.
What is consumer fraud in Nevada?
One of the Nevada statutes I turn to frequently is NRS 41.600, entitled “Actions by Victims of Fraud.” This statute allows any person who is a victim of “consumer fraud” to recover his or damages, equitable relief (which can include “rescinding” or unwinding the bad deal), and attorney’s fees. The statute gives a specialized definition […]
As an Out-of-State Attorney, How Do I Make My Appearance in a Nevada State Court or Administrative Proceeding?
An out-of-state attorney may not appear in a Nevada state court case without the court’s permission. Obtaining such permission requires a two step process. First, the attorney submits a completed Verified Application for Association of Counsel Under Nevada Supreme Court Rule 42 to the Nevada State Bar together with the attorney’s certificate(s) of good standing, […]
As an Out-of-State Attorney, am I permitted to participate in a Nevada arbitration or mediation?
Nevada Supreme Court Rule 42(1)(a)(3) dictates that an out-of-state attorney must be admitted pro hac vice to participate in “all arbitration, mediation, or alternative dispute resolution procedures in this state that are court annexed or court ordered, or that are mandated by statute or administrative rule.” Likewise, pro hac vice admission is necessary for “all […]
What are the consequences of failing to associate local counsel and properly apply for permission to appear pro hac vice in Nevada federal court?
As stated in Local Rule IA 11-2(j), failure to comply timely with the rule may result in the striking of any and all documents previously filed by the out-of-state attorney, the imposition of other sanctions, or both.
As an Out-Of-State Attorney, May I Sign a Complaint or Answer in Nevada Federal Court Prior to Obtaining Nevada Local Counsel?
Per Local Rule IA 11-2(c), “[a]n attorney whose verified petition is pending must not take action in this case beyond filing the first pleading or motion. The first pleading or motion must state the attorney “has complied with LR IA 11-2” or “will comply with LR IA 11-2 within ___ days.” Until permission is granted, […]
As an Out-of-State Attorney, How Do I Make an Appearance in Nevada Federal Court?
An out-of-state attorney may not appear in a Nevada federal court case without the court’s permission. Local Rule IA 11-2(a) and (b) outline the requirements for such an appearance. The out-of-state attorney files a Verified Petition for Permission to Practice in this Case Only by Attorney Not Admitted to the Bar of this Court and […]
What cases qualify for Business Court?
In Reno and Sparks, Nevada (Washoe County), a civil case is assigned to the business court docket if its primary subject matter is: A dispute concerning the validity, control, operation or governance of entities created under NRS Chapters 78-88 (corporations, limited liability companies, partnerships, limited parterships, and business trusts), including shareholder derivative actions; A dispute […]
How do contractors get paid in full for their Nevada construction work?
Every construction season, many contractors like you deal with collection issues on their jobs. You might even be surprised how many of colleagues and competitors in Nevada have gone through the payment issues that you deal with now. So we have prepared a free legal report called “How do contractors get paid in full for […]
How is an employee non-competition agreement enforced in Nevada?
I receive a lot of questions from employers and employees about the process for enforcing a non-compete agreement in Nevada. In Nevada, an employer seeking to enforce a non-compete engages counsel and files a lawsuit against the ex-employee alleging the circumstances that constitute a breach of the non-compete agreement. If the employer reasonably believes that […]