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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Nevadas 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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Issues in Nevada Deed in Lieu of Foreclosure Transactions

One of the more common forms of real property transactions that the real estate lawyers at Albright, Stoddard, Warnick & Albright are regularly engaged to handle are so-called “deed in lieu of foreclosure” transactions or, for shorthand, “deed in lieu” transactions. In a deed in lieu transaction, a lender receives a deed to property from […]

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Nevada Commercial Lease Transactions: Status of Trade Fixtures

Our firm is regularly called upon to answer questions by clients about the status of fixtures in Nevada commercial leases. A chattel is a trade fixture if it is devoted to a trade purpose, regardless of its form or size. A trade fixture is an item that the tenant annexes to the realty to enable […]

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Nevada Corporate and LLC Law and Business Planning

Unfortunately, when many business owners come to our firm to seek advice about problems they are having with their business partners, we quickly learn that because of limited funds, and an even more limited desire to tie up legal issues before starting business together, many very basic issues of proper business legal planning have never […]

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Nevada Construction Defect Law Litigation Primer

THIS NEVADA CONSTRUCTION DEFECT LAW LITIGATION PRIMER WAS POSTED IN THREE (3) PARTS BETWEEN AUGUST 9, 2012 AND AUGUST 16, 2012 PART 1 OF 3, POSTED THURSDAY, AUGUST 9, 2012 OVERVIEW Over the past several years, the proliferation of construction defect litigation has created an increasingly growing problem which appears to some to be burgeoning […]

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Nevada Attorney Disciplinary Proceedings, Grievances And Complaints

Our law firm is defending more and more attorneys from Southern Nevada against grievances filed with the State Bar of Nevada and formal complaints filed by the State Bar. It would be helpful for attorneys and their defense teams facing a complaint from the State Bar to know and consider the following factors: The witnesses, […]

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