Welcome to the “All-or-Nothing” Era in Enforcing Non-compete Agreements

The Nevada Legislature is currently considering legislation that would codify the Nevada Supreme Court’s standards concerning the enforceability of non-compete agreements. In brief, non-compete agreements are now entirely unenforceable if any of their terms are deemed unreasonable.  We explore these standards in our recent article, “Welcome to the ‘All-or Nothing’ Era in Enforcing Non-compete Agreements” recently published in Communiqué, the official publication of the Clark County Bar Association. Read the full article here.

InjuryLoans.com Files Lawsuit Against the Nevada Financial Institutions Division

InjuryLoans.com, a Las Vegas based company, filed a lawsuit against the Nevada Financial Institutions Division after a change of position of the agency’s licensing requirements. The lawsuit states, “The FID’s inconsistent and unreasonable interpretation and application of NRS licensing requirements … have worked to decimate Injuryloans’ cashflow, exacerbate Injuryloans’ liabilities, and suffocate Injuryloans’ business, business opportunities and potential for growth.” Please read the Las Vegas Review Journal article here.

Joshua H. Reisman Appears as Legal Analyst on Fox News Program

Mr. Reisman appeared as a legal analyst on the Fox News program “Bob Massi is the Property Man,” discussing the Las Vegas real estate market. Watch the video here.

Court Rules Nype Due $2.6 Million in Development Case

“Following an eight-year legal battle, an investment consultant who played a key role in the development of Las Vegas City Hall and Bonneville Transit Terminal was won a $2.6 million judgment against Las Vegas Land Partners, LLC….Joshua Reisman, Nype’s trail counsel, estimated that, due to seven years of pre-judgment interest, the judgment in Nype’s favor will amount to approximately $3.6 million.” (Business Press P3, April 20, 2015) Please see the full article here.

Elizabeth M. Sorokac Attends Celebration of Nevada’s 150th Anniversary of Statehood

On Friday, May 1, 2015, a time capsule was buried by Gov. Brian Sandoval and former Lt. Gov. Brian Krolicki at the Springs Preserve. Elizabeth Sorokac, a member of the Springs Preserve Foundation Board of Trustees, attended the burial in celebration of Nevada’s 150th Anniversary of Statehood. Please see the article here.

Las Vegas Review Journal reporting on Gaming Control Board ruling for Nevada Gaming Partners

Nevada Gaming Partners sole owner, Bruce Familian, “was taken by complete surprise” as the Gaming Control Board told a Las Vegas restaurant to find another partner when it came to their slot machines. You can read more here:

http://www.reviewjournal.com/business/casinos-gaming/slot-route-operator-blindsided-gaming-control-board-ruling

Joshua H. Reisman on Ralston Reports

On July 14, 2014, Joshua H. Reisman was on Ralston Reports with Bruce Familian on Gaming Control Board Ruling.

Please watch: Joshua H. Reisman on Ralston Reports with Bruce Familian

http://www.ralstonreports.com/tv-show/71414-bruce-familian-josh-reisman

IMG-Josh Reisman-headshot, 052814

Arbitration Contract Clauses Require An Affirmative Agreement – AB326

The enactment of Assembly Bill 326 in the Nevada State Legislature’s 77th Session requires that all agreements, with the exception of collective bargaining agreements, containing an arbitration clause include specific authorization for the arbitration provision, indicating the affirmative agreement by the parties to submit any disputes to arbitration.  An agreement that lacks this specific authorization is “void and unenforceable.”

The bill became effective October 1, 2013.  The full text of AB 326 is available here: https://www.leg.state.nv.us/Session/77th2013/Bills/AB/AB326_EN.pdf.

Reisman Sorokac’s Corporate department assists clients with contracts and other related matters.

 

The City of Las Vegas Promotes Licensed Food Trucks

The City of Las Vegas requires that all mobile food vendors operating within the City have a business license.  Chapter 6.55 of the City code sets forth the business license regulations applicable to food trucks, including the prohibition on operating a food truck within 150 feet of the primary public entrance to a licensed restaurant during its hours of operation (with few exceptions).  The City of Las Vegas is at the forefront of the food truck trend.  It recently designated several food truck spots around downtown Las Vegas, which are available to food truck vendors through the City’s lottery for the spots.  The upcoming schedule for the designated food truck spots can be found through an app that can be downloaded (https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewSoftware?id=590288329&mt=8) or the City’s website (http://www.lasvegasnevada.gov/foodtruck/).

Reisman Sorokac’s Government Affairs and Administrative Law practice group assists clients with business licensing in all local jurisdictions in the Las Vegas Valley, including the City of Las Vegas.

In Response to Reisman Sorokac’s Success in Hernandez, the Clark County Commission Replaces the Coroner’s Inquest Process

In response to the ruling of the Nevada Supreme Court in Hernandez v. Bennett-Haron, 128 Nev. Adv. Op. 54 (Oct. 25, 2012), the Clark County Commission has established a new procedure for public examination of officer-related shooting deaths.   In Hernandez, the Nevada Supreme Court ruled in favor of Reisman Sorokac’s clients, who argued that the former coroner’s inquest process was unconstitutional.  The Hernandez court held that justices of the peace were constitutionally barred from serving as presiding officers in Clark County coroner’s inquests.

The Clark County Commission has now established a new method for examining fatal police officer shootings in Clark County.  The new process, titled a “police fatality review process” by the Commission, responds directly to the Supreme Court’s finding in Hernandez by replacing justices of the peace with “hearing officers.”  Additional details on Clark County’s new process for examining facts surrounding fatal shootings by police officers are available at the links below.

http://www.lasvegassun.com/news/2013/jan/07/commission-shelves-coroners-inquests-new-police-fa/

http://www.lvrj.com/opinion/changes-to-coroner-s-inquest-process-leave-jury-verdicts-behind-185987071.html

http://www.lvrj.com/news/inquest-hearings-to-resume-in-new-form-185929791.html

http://www.lvrj.com/news/county-commissioners-studying-inquest-proposals-185790721.html