G. Mark Albright, Partner

Mark supervises the litigation department and has published widely on a variety of legal topics, including articles in the BYU Law Review, Nevada Lawyer Magazine, Nevada Civil Practice Manual, Clark County Bar Communiqué Magazine, Construction Company Strategist magazine, and has published dozens of other legal articles on his firm blog. He also publishes a weekly article in Meridian Magazine. Mark has been awarded Martindale-Hubble’s highest AV rating, AVVOs highest Superb rating, and has been recognized by Who’s Who in American Law, and this year was granted a Fellowship as one of top one-half percent of attorneys by Litigation Counsel of America.

Personal:

Mark was raised in Las Vegas; his grandfather moved here in the 1930’s and became a County Commissioner in the 1950’s and 60’s, instrumental in building the convention center, airport, and courthouse. In Law School, he served as an author and editor to the law review and later clerked for Federal Judge Lloyd D. George in Las Vegas. After law school, Mark received offers from a prominent downtown Los Angeles law firm, as well as from the largest firm in Arizona, but he opted instead to return home to Las Vegas to join his father’s law practice. Mark received his AV rating (based on attorney and judicial surveys) in 1996, after just 15 years of practice. In 1999, U.S. Senator Reid included Mark in his list of nominees for a federal judgeship appointment.

Author:

  • NEVADA CONSTRUCTION DEFECT LAW LITIGATION PRIMER, use at CLE seminar presented by Mark Albright as instructor (2007)
  • Nevada’s Treatment of Covenants Not-to-Compete, an analysis of noncompete clauses, Sept. 2012
  • CHANGES TO NEVADA LAW REGARDING FORECLOSURES AND DEFICIENCIES, ASWA Blog 2012
  • Nevada Mechanics Lien Validity Checklist, ASWA Blog 2012
  • NEVADA ATTORNEY DISCIPLINARY PROCEEDINGS GRIEVANCES AND COMPLAINTS, ASWA Blog 2012
  • NEVADA’S ELDER ABUSE STATUTE, ASWA Blog, 2012
  • Nevada Commercial Lease Transactions: Status of Trade Fixtures, ASWA Blog, 2012
  • Alternative Dispute Resolution/ ASWA Blog, 2012
  • A GUIDE TO CONSTRUCTION CONTRACT CLAUSES, ASWA Blog, CLE presentation
  • A Necessary Defense; Nevada Lawyer Magazine, Nov. 2002
  • THE ADVANTAGES AND DISADVANTAGES OF ADR; ASWA 2012
  • Sample Motion to Stay Litigation and Compel Arbitration (ADR); ASWA 2012
  • A GUIDE TO STATUTES OF LIMITATIONS AND REPOSE IN NEVADA, 2012
  • Consolidation and Severance in Nevada Civil Litigation; 2011 Civil Practice Manual
  • Use of Equitable Recoupment to Revive Time Barred Claims In Nevada Business Litigation; ASWA 2012
  • Recent Changes in LLCs and Charging Orders In Nevada; ASWA October 2012
  • Nevada’s Licensing Statutes–Can an Unlicensed Contractor Ever Recover? ASWA Oct. 2012
  • A Brief Review of the Fair Debt Collections Practices Act (FDCPA)
  • Nevada’s Modified Comparative Negligence Doctrine as applied to Legal Malpractice; ASWA Nov. 2012
  • The Need for Civility and Ethics in the Practice of Law; Federal Court Admittees Program
  • SAMPLE MOTION TO TRANSFER FEDERAL VENUE FROM CALIFORNIA TO NEVADA (IN LAS VEGAS); Nov. 2012
  • Apportionment of Damages in Nevada When Two Accidents Injure the Plaintiff; Dec. 2012
  • Enforcement of Foreign Judgements in Nevada; Jan. 2013
  • Three Teens who Defied Hitler (http://www.ldsmag.com/article/1/11597) October 2012 Meridian Magazine
  • “Pretrial Detainees May Be Subjected to Conditions of Confinement Reasonably Related to Legitimate Governmental Objectives,” 1979 B.Y.U. Law Rev. 1022 (Constitutional Law-Pretrial Detainees Conditions of Confinement)
  • Judge Jonathan Napela on Molokai, Hawaii–(http://www.ldsmag.com/article/1/11975) Dec. 24, 2012
  • “Consolidation and Severance, A History, Purpose and Basis of Rule NRCP 42(a)” written by G. Mark Albright, Esq. for Nevada Civil Practice Manual, State Bar of Nevada, multiple editions (2006 to present)
  • CLE Ethics presentation approved by State Bar of Nevada, Dec. 2012 (copies available upon request);
  • “The Role and Challenges of the Regional Transportation Commission in the Fast Growing Las Vegas Community,” Communique Magazine, August, 1997
  • “Joint Checks to Subcontractors,” Construction Company Strategist, September, 1997
  • “The Virgule Rule in Joint Checks,” Communique Magazine, September 1997
  • Contributing Author: Nevada Civil Practice Manual, 3rd Edition, 1993, 2003
  • CLE Author and Lecturer, Construction Contract Clauses, 1995 and 1996
  • Robert Thorn, Unsung Hero of the BYU Jerusalem Center (www.ldsmag.com/article/1/12060)
  • Zimbabwe Youth Conference (http://www.ldsmag.com/article/1/11383)
  • The Gladys Knight Story (http://ldsmag.com/article/1/12092) Jan. 2013

Awards:

  • Recipient of Martindale-Hubbell’s Highest A-V Rating 1996-2012; 5 out of 5 Peer Review Rating;
  • Outstanding Lawyers in America;
  • Who’s Who in American Law;
  • In September, 2012, Mark was selected for fellowship into the Litigation Counsel of America (LCA), an invitation-only trial lawyer honorary society limited to less than one-half of one percent of American lawyers. Mark was selected and invited into fellowship after being evaluated on effectiveness and accomplishments in litigation and trial work, along with ethical reputation, by the LCA.
  • In July 2013, Mark was selected by American Lawyer Media and Martindale-Hubbell™, as a ‘2013 Top Rated Lawyer in Banking & Finance Law’. See, The American Lawyer & Corporate Counsel magazine, September 2013.
  • Vegas Inc. Magazine awarded Mark its coveted Top Lawyer award in construction law in 2013.
  • The American Society of Legal Advocates selected Mark as one of the Top 100 Litigation lawyers in the State of Nevada for 2014.
  • U.S Senator Harry Reid in Washington DC
  • Recipient of Martindale’s highest Preeminent AV rating.
  • Contributing author and editor to the Nevada Civil Practice Manual, State Bar of Nevada, for multiple editions
  • Board of Advisors, BYU Management Society (2007)
  • Board of Advisors to the Las Vegas Chamber of Commerce (2006)
  • Note and Comment Editor, Brigham Young University Law Review, 1980-1981 (graduated in the top 25% of his class)
  • Law Clerk to Federal Judge Lloyd D. George, District of Nevada, 1981
  • Listed in: Who’s Who in American Law, 1994-2000; Who’s Who in America 2000; Outstanding Lawyers of America, 2003
  • County Bar Television Panel Member, Law for the Layman, Euthanasia, December, 1995
  • Instructor, Mechanics Lien Seminar, Association Builders and Contractors, 2003
  • Speaker: Keynote address to New Federal Bar Admittees
  • Construction Defect Litigation CLE seminar instructor, (NEVADA CONSTRUCTION DEFECT LAW LITIGATION PRIMER)
  • Speaker: CLE Ethics presentation, BYU Management Society and J. Reuben Clark Law Society Combined, Dec. 2012.
  • Acts as mediator and arbitrator
  • U.S. Senator Orrin Hatch on Capital Hill
  • “Mark is highly qualified and has earned the respect of his colleagues in his legal career and in his personal life.” U.S. Senator Dean Heller.

Representative Class Actions:

National class actions include: Stratosphere, American Pacific, Delgratia Mining, Lady Luck Hotel. ITT/Hilton, Tyson/Don King, Equinox (consumer fraud), Herbalife, MGM/Mirage N.O.S., Yucca Mountain, U.S. Tobacco, Mandalay Resorts, Station Casinos, Lasik Vision, Purchasepro/AOL, Laser Vision (deceptive trade practices), and Dollar Thrifty Automotive Group alleging deceptive trade practices at McCarran International Airport.

Community Service:

Member, Boy Scouts of America Advisory Council. Member, United Blood Services Community Council. City Chairman, Las Vegas Performing Arts Foundation Presentation: Tabernacle Choir in Concert, Orleans Arena, 2004. Served as President of Church affiliated nonprofit organization in Washington DC with over 500 volunteers 2010-2011.

Representative Nevada Construction Defect Cases:

Grand Legacy, Galleria Villas, Santa Barbara HOA, Stallion Mtn. HOA, Villa Trieste, Lynbrook, Val D’Isere, La Moncha, Villagio, Canyon Willow Tropicana, Durango Trails, Pacific Deerfield, Crestdale, Whitehorse Estates, Horizon, Redrock, Red Bluffs, Whitney Ranch, Falling Water.

Mark is a “talented communicator who can inspire others to accept his message.” U.S. Senator Mike Lee.

References:

Mark “stands apart among his legal colleagues in his capabilities to promote the sound administration of justice and integrity, quality and independence of the judiciary.” Congressman Jason Chaffetz

Mark and his firm “earned Martindale-Hubble’s highest AV rating for legal excellence and ethics. Additionally, having been published on a broad range of legal subjects, he is an attorney with a strong background of legal expertise…” Congressman Wally Herger

“Mark’s legal experience and leadership have always had a great impact on the practice of federal lawyers…”Congressman Howard P. “Buck” McKeon

“Mark is highly respected by his colleagues in the legal profession, has earned the trust of a significant number of Federal Judges, and enjoys the confidence of a substantial number of my colleagues in the Congress.” Congressman Jeff Flake

Representative Cases:

We have handled major accident cases, both for plaintiffs and defendant, including multi-car head-on collision on U.S. 95, double fatality; car drove off highway at Lake Mead National Park, resulting in deaths of both occupants; construction accidents; glass fixture falling on head of restaurant customer at Four Seasons; victim crushed between two semi-tractor trailers at truck stop, resulting in two crushed femurs and insertion of titanium rods; single car roll-over in Arizona injuring occupants, with multiple injuries to occupants; rear-end collision on Blue Diamond Road, causing multiple neck and back injuries; child injured on school play-ground tug-of-war when rope wrapped around student’s wrist; class action regarding workers injured at construction project at Yucca Mtn.; trip and fall over parking lot broken tire bumper.

  • Plaintiffs successfully obtained a writ of possession for return of the construction equipment after the project was placed on hold when Defendant failed to pay the remaining $2.7 million for six construction hoists utilized at the Echelon construction project on the Las Vegas strip. Alimak Hek v. Republic Tower and Hoist (A578256)
  • Plaintiffs brought class action on behalf of physicians and health care groups alleging insurers systematically denied reimbursement to health care providers who have provided medically necessary covered services. Plaintiffs allege insurers routinely and unjustifiably refuse to pay for or reduce payment for such services. Dr. Kevin Windisch, v. Hometown Health Plan; Hometown Health Partners, Benefit Administrators Inc; Hometown Health Providers Insurance Co Inc. (CV-00664)
  • Fraud complaint centering on a $150 million real estate loan for the construction of the Manhattan West project. Plaintiffs recently discovered fraud involving the loan, and seek to have the agreement terminated. Plaintiffs allege the loan documents are not legally binding. Club Vista Financial Services; Tharaldson Motels II Inc.; Gary Tharaldson v. Scott Financial Corp.; Bradley Scott; Bank Of Oklahoma; Gemstone Development West; Asphalt Products Corp.; Apco Construction (A579963)
  • Securities complaint. Taser International, accused its competitor, Stinger Systems Inc., of an “ongoing plot” to damage its reputation through “fraudulent and misleading press releases” and “defamatory ‘whisper campaigns.'” The efforts not only damaged plaintiff’s reputation, but also artificially manipulated stock prices. Taser International Inc. v. Stinger Systems Inc.; James McNulty; Robert Grunder (CV-00289)
  • Plaintiff alleged the Reno Sparks Convention & Visitors Authority tried to prevent it from relocating its volleyball tournament to Phoenix by falsely informing Phoenix officials that a letter of intent between plaintiff and the visitors’ authority was a binding agreement. Festival Sports Inc. v. Reno Sparks Convention & Visitors Authority, (CV-00277-JCM-RJJ)
  • Filed suit on behalf of high rise Mexican condominium developer against Trust company for $1.4 million alleging embezzlement, conversion, fraud, etc. Oceanside Development (07-A-540186)
  • Filed suit on behalf of Japanese restaurant owner to enforce non-compete agreement against partner. Pac Consulting v. Las Vegas Kitchen, (07-A-540289)
  • Filed $13 million dollar suit against doctors and hospital on behalf of secured lender. MCC v. SW Doctors Group and Medical Center of Atlanta (07-CV-00345)
  • Defense of Century Steel in wrongful death suit when iron worker fell during construction of Mandalay Bay. (A540219)
  • Defense of suppliers and subcontractors in a construction defect suit relating to Metropolis high rise condominium project
  • Defense of HVAC subcontractor in the famous Hilton Hotel Fire litigation
  • Filed class action complaint against Dollar Thrifty Automotive Group (A577155) against car rental agencies alleging overcharging of air airport concession fees by Thrifty and Dollar at McCarran International Airport.
  • Defense of national paint manufacturer and distributor, Dunn-Edwards Inc. from claims of homeowner alleging deficiencies against Stanpark Construction and others after home flooded and then sold. (A479766) entitled Daniel Nehring, et al. v. Stanpark Construction, Dunn-Edwards, et al.
  • Filed suit on behalf of Century Steel against General Contractor on the Grand Canyon Skywalk Project, a glass and steel horseshoe-shaped walkway extending over the Grand Canyon, 4,000 feet above the Colorado River, located on Hualapai Indian Reservation (A544631)
  • Filed mechanic’s lien foreclosure suit involving Nevada Solar One, Solargenix Energy, Acciona Solar, City of Boulder City, and others, on one of the largest solar fields constructed in the U.S. in recent years near Boulder City. Successfully resolved multi-million dollar contract dispute. Lauren Engineers & Constructors Inc. V. Nevada Solar One LLC, et al. (A545599)
  • Defense of Four Seasons from personal injury claim of patron in restaurant (A549277)
  • Defense of attorneys from legal malpractice claims
  • Defense of physician from RICO and Fraud claims alleged by insurance carrier
  • Defense of investors from claims of mold infestation and remediation expenses
  • Settlement of mechanic’s lien against local municipality for large solar energy complex
  • Settlement of shareholder claims against Stations Casinos and Harrahs
  • Successful defense of attorney for legal malpractice claims on behalf of carrier. Premera Blue Cross et al. v. Tina Aedroza et al. (05-cv-00689)
  • Defense of attorney from claims of legal malpractice. Helen Hafen et al. v. Shannon Evans et al. (A547755)
  • $6 Million Suit against Guarantor, Promissory Note. Community Bank/Tucson (A571071)
  • $7.8 Million Suit against Guarantor, Promissory Note. Community Bank/WF Development (A571402)
  • $5.4 Million Suit against Guarantor, Promissory Note. Community Bank/Delray (A571070)
  • $3 Million Suit against Guarantor, Promissory Note. Community Bank/Martin (A572992)
  • $3.3 Million Suit against Guarantor, Promissory Note. Community Bank/Tompkins (A472993)
  • $393,000 Suit against Guarantor, Promissory Note. Community Bank/Norman (A573327)
  • Represented family in wrongful death case relating to multiple fatality accident on U.S. 95 in head on collision. Ford Motor Co. and NDOT (A466566)
  • Represented large class of injured workers against Yucca Mountain contractors for lung diseases developed during tunneling. Yucca Mountain (CV-S-04-466)
  • Defense of manufacturer of TASER law enforcement weapon against claims of product liability (2-04-CV-1325)
  • Represented national juice company against supplier for delivery of adulterated beverage. U.S. Juice Corporation (2-06-CV-288)
  • Settlement of class claims against PurchasePro and AOL/Time Warner for $24 Million (2-01-CV-483)
  • Filed suit against Harrah’s regarding $15 Billion private equity takeover (06-CV-1356)
  • Private litigation for Swift Transportation (A531032)
  • National class action for consumer fraud and illegal pyramid scheme, sale of assets resulted in raising approximately $40 Million. Equinox International Corp. (2-99-CV-969)
  • Defense of Taser for tort allegations and wrongful death. Taser International (CV-S-05-1464)
  • Filed suit in $4.7 Billion transaction against Station Casinos (A532367)
  • Freedom Wireless (2-06-CV-644)
  • Gaming Partners (2-07-CV-849)
  • NOS Communications, United States District Court Case No. 2-01-CV-861
  • OneCap Mortgage, United States District Court Case No. 2-07-CV-24 (Mortgage Litigation)
  • Kenlin Capital, LLC, United States District Court Case No. CV-1689 (Mortgage Litigation)
  • Global Cash Holdings, United States District Court Case No.CV-942
  • Commercial Capital Bancorp, United States District Court Case No. CV-716
  • SeatGuru.Com, Inc., United States District Court Case No. CV-500
  • Bally’s Technologies, Inc., United States District Court Case No.CV-373
  • Datamatic, Inc., United States District Court Case No.CV-274
  • Sunterra Corporation, United States District Court Case No. CV-894
  • Defense of corporation and officers from shareholder suit. Freedom Wireless/Klein (08-CV-1369)

Reported Cases:

  • Campus Village v. Brown, 714 P.2d 566 (Successful appeal to Supreme Court and obtained requested reversal);
  • In Re: Stratosphere Corporation, 1F. Supp. 2d 1096 (1998) (successfully established important deposition protocol guidelines for Nevada) ;
  • Eldorado v. City of Mesquite, 863 F. Supp 1252 (1994)(city officials in Nevada entitled to immunity for enacting zoning ordinances);
  • Ameritrade Inc. v. First Interstate Bank, 728 P.2d 1318 (successfully established new summary judgment rules and guidelines in Nevada regarding the timing of summary judgment motions);
  • Greenberg v. Sala, 822 F.2d 882, 9th Circuit (Successful defense of attorney for alleged Rule 11 violations establishing landmark Rule 11 case).

Mark in the News:

Law Firms Roots Run Deep in the Valley.html, Lawyer.com, 2008;

Suits demand best deal for shareholders

Tue, Jun 15, 2004 (11:09 a.m.)
Las Vegas Sun

Two Mandalay Resort Group shareholders filed separate suits last week in Clark County District Court accusing the company’s executives and board of directors of failing to protect shareholders’ interests during MGM MIRAGE’s unsolicited takeover bid.

Both suits were filed prior to Mandalay’s rejection of MGM MIRAGE’s initial offer Friday and the reported subsequent agreement by management to a higher bid on Monday. Read the rest of the story here…


Mark Albright Quoted in Las Vegas Review-Journal

Trial begins in crash that killed three
By GLENN PUIT
Tuesday, March 05, 2002
Copyright © Las Vegas Review-Journal

…After Monday’s opening statements concluded, Jim Barton’s attorney, Mark Albright, said Wright appeared to be saying that the collision between Barton and Dettloff was simply an accident for which Dettloff can’t be faulted. Albright, who is also Barton’s brother-in-law, added that he believes Wright is planning to rely on what Albright termed “the panic attack disorder defense.” … Read the full story here…


Question 2: A Necessary Defense of Marriage

As Published in Nevada Lawyer Magazine, November, 2002
By William H. Stoddard, Esq. and G. Mark Albright, Esq.

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 was proposed in response to a very real attempt by some activist groups to redefine marriage. The context of the Question was not mentioned in last month’s article but is very important in understanding why Question 2 became necessary. It is what it claimed to be: a simple affirmation of one of the longstanding elements of a traditionally defined marriage. Read the rest of the article…


Sierra hit with new shareholder lawsuit – Las Vegas Sun

Wed, Oct 2, 2002 (9:25 a.m.)

A second lawsuit has been filed by stockholders against Sierra Pacific Resources in an effort to prod the power company to consider a $3.2 billion offer by Southern Nevada Water Authority to buy Nevada Power Co.

Stockholders Stephan and Gail Gordon filed suit on Monday, their attorney Mark Albright said.

Since initiating the suit, other shareholders and law firms have called the law firm Albright, Stoddard, Warnick and Albright, the attorney said.

Others are interested in filing separate actions, Albright said, describing his clients and recent callers as ‘very disgruntled shareholders.'” Read the rest here: Sierra hit with new shareholder lawsuit – Las Vegas Sun


City Hall expansion contract faces lawsuit

By Jeffrey Libby
Wed, Dec 12, 2001 (9:46 a.m.)
Las Vegas Sun

With a lawsuit already looming over a long-delayed municipal parking garage that opened Monday, Henderson officials learned they will face yet another lawsuit over the award Tuesday of a $39.5 million construction contract to quadruple the size of City Hall.

The contract was awarded to Dick Corp., an international construction company headquartered in Pittsburgh.

The legal controversy stems from a last-minute bid hike by a California-based electrical subcontractor listed by both Dick Corp. and by another of the four competing companies — Colorado-based PCL Construction Services. Read the rest of the story here…


Mark Albright Quoted in Las Vegas Sun

Gravel road leads to lawsuit against city
By Steve Sebelius
Wed, Apr 24, 1996

…Mark Albright, an attorney for Nevada Ready Mix, one of the primary users of the gravel haul route, said the lawsuit was necessary to keep the company from defaulting on its contracts.

“The issue is whether or not the ability of some neighbors to sleep at night outweighs the construction projects pending throughout the valley, particularly when we built the road,” he said.

“The impact of such an ordinance is devastating to the construction industry in Las Vegas,” Albright added, noting that 35 percent of the trips are made at night and in the early morning. “Thousands of workers would be shut down (during morning delays) at highway, airport, hotel and other projects.” … Read the full story here…


Henderson Mayor Gibson on Reid list for fed judgeships

Fri, Dec 3, 1999 (10:57 a.m.)

WASHINGTON — Henderson Mayor Jim Gibson is among the 16 candidates Sen. Harry Reid, D-Nev., today said he is considering for federal judgeships.

The contenders: Mark Albright; Bruce Alverson; Clark County District Attorney Stewart Bell; Las Vegas Deputy City Attorney Larry Bettis; David Chesnoff; Tim Cory; Bill Curran; Henderson Justice of the Peace Kent Dawson; Allan Earl; Kathleen England; Clark County District Judge Lee Gates; Gibson; Stan Hunterton; Nevada Supreme Court Justice Bill Maupin; U.S. District Judge Johnnie Rawlinson; and Clark County District Judge Valorie Vega.

Reid said he had talked with each in person. He said he didn’t have a short list yet.

“This is an ongoing process,” Reid said. “I’m keeping an open mind. I haven’t ruled anyone in or out yet.”

Reid is the ranking senator of the president’s party, giving him the ability to nominate candidates for federal benches. Read the rest of the story here…