Washoe County Business Court Issues Writ of Mandate Ordering Election of Directors

By Jerry Carter.  In an October 29, 2012 Writ of Mandate, the Washoe County Business Court ordered a Nevada corporation to hold an election of directors.  NRS 78.345 authorizes a district court to compel an election of directors of a Nevada corporation if a meeting of shareholders has not occurred within 18 months.  The Writ […]

Should Sitting Judges Be Empowered to Conduct Private Arbitrations?

By Jerry Carter.  One of the missions of Nevada’s Business Courts is to provide aggressive case management and speedy resolution of business disputes.  A recent decision out of Delaware discusses an important issue that must be considered in formulating innovative dispute resolution procedures–public access to the courts.  The case is Delaware Coalition for Open Government […]

Nevada Supreme Court States That Directly Harming a Nevada Corporation Subjects Nonresident Officers and Directors to Suit in Nevada

By Jerry Carter.  The Nevada Supreme Court handed down a significant opinion in Consipio Holding, BV v. Carlberg, 128 Nev. Adv. Op. No. 43 (Aug. 9, 2012) (“Consipio“), regarding the circumstances under which nonresident officers and directors of a Nevada corporation can be sued in Nevada for injuring the Nevada corporation.  The Nevada Supreme Court reaffirmed […]

Washoe County Business Court Enters Summary Judgment Against Perpetrators of Check Fraud

By Jerry Carter.  The Washoe County Business Court entered an August 23, 2012 Summary Judgment Order against the perpetrators of a check fraud. The Business Court found that there was no genuine dispute that Defendant Davis received a check from A4 Diamond (“A4”) and then drafted a check in the amount of $200,000.00 (Canadian Dollars) made […]