A Guide To Statutes Of Limitations And Repose In Nevada

What Is a “Statute of Limitations” and how does it differ from a “Statute of Repose” A statute of limitations is a law, generally a state statute, which places a very specific time limit or deadline on your right to pursue a particular legal remedy regarding a specific wrongful act and injury. After the expiration […]

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New Legal Protections For Loan Guarantors Under Nevada Law

Guarantors of a purchase-money loan on real property in Nevada are entitled to the anti-deficiency protections afforded under NRS 40.455 through 40.459, which statutes limit the amount of any deficiency judgment to the lesser of either: 1. The amount by which the amount of the indebtedness which was secured exceeds the fair market value of […]

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Albright Stoddard Serves As Local Counsel For Nevada Lawsuits

If you are involved in litigation or any other legal matter in Nevada, we can assist your attorney in any state by acting as their local counsel in Nevada. It is important to build a relationship with a lawyer who can counsel you and your foreign attorney on Nevada’s state specific laws and local procedural […]

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The Advantages And Disadvantages Of ADR

By G. Mark Albright, Esq. Advantages to Arbitration: 1. More flexibility. In the case of arbitration, the parties have far more flexibility to select what procedural and discovery rules will apply to their dispute (they can choose to apply relevant industry standards, domestic law, the law of a foreign country, etc.). 2. Select your own […]

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Question 2: A Necessary Defense of Marriage

By William H. Stoddard, Esq. and G. Mark Albright, Esq. (Originally published in Nevada Lawyer Magazine November 2002) Question 2 was as simple as it sounded. In its entirety, the proposed amendment read: “Only a marriage between a male and female person shall be recognized and given effect in this state.” This common sense amendment […]

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Key Issues In Nevada Law: A History Of Tip Pooling In Nevada

By G. Mark Albright, Esq. NRS 608.160 provides as follows: 1. Is unlawful for any person to: (a) Take all or part of any tips or gratuities bestowed upon the employees of that person. (b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this state […]

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Nevada Courts Have Jurisdiction Over Nevada Corporate Officers & Directors

Recently, the Nevada Supreme Court, in Consipio Holding, BV, et al. v. Carlberg, 128 Nev. Adv. Op. 43 (August 9, 2012), held that corporate officers and directors of Nevada corporations can be subject to jurisdiction in the State of Nevada – even if they have never visited the State of Nevada or done any business […]

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A Guide To Construction Contract Clauses

I. INTRODUCTION: THE FORM CONSTRUCTION CONTRACT The American Institute of Architects has them. Landlords have them. Oil companies have them. Banks have them. What are they? They are the standard form contracts and agreements so common in the construction industry. Many people will accept the unacceptable if it is in a standard form agreement, perhaps […]

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Nevada’s Treatment of Covenants Not to Compete

Covenants not to compete, sometimes called non-compete clauses, are “contractual provisions where the parties agree not to compete with each other for a certain time period in a particular geographic location.” 2 Mark A. Rothstein, Employment Law, Sec. 8.1 (3rd Ed. 2004). Treatment of covenants not to compete is purely a state issue. Most states […]

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