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The Nevada Department of Business and Industry (the “Department”) oversees the organization, licensing, operation, and dissolution of financial institutions.  The Nevada Division of Financial Institutions (the “NFID”) within the Department has supervisory control of most financial services businesses operating in Nevada, such as state-chartered banks, thrifts, savings and loan firms and credit unions, as well as trusts, installment loans, high-interest loans, and collection agencies.  Since 1999, mortgage brokers and mortgage bankers have been subject to the jurisdiction of the Nevada Mortgage Lending Division (the “NMLD”). (more…)

This is the seventh in a series of articles on doing business with Native American Tribes in Nevada.  These articles provide an overview of the political and business structures employed by Indian tribes, as well as the advantages and challenges of doing business in Indian Country.

Financing

Incentives for Foreign Investors (Immigrant Investor/EB-5 Visas)

Under the Immigrant Investor/EB-5 Visa program, foreign investors may obtain a U.S. Visa in return for investment of at least $1,000,000 and the creation of ten jobs within the United States.  In a Targeted Employment Area, defined as rural area or one with high unemployment (including on Indian reservations), a $500,000 investment is required. (more…)

Many of the complaints that I hear from litigators about arbitration could be solved if the arbitration clause which forced the parties into litigation were written better.  Arbitrations are a creature of contract.[1]  Therefore, the parties’ arbitration agreement[2] is often the beginning and end of the arbitrator’s authority.[3]  The arbitrator is bound to give effect to the contractual rights and expectations of the parties “in accordance with the terms of the agreement.”[4]  In fact, although the Federal Arbitration Act presumes that arbitration awards will be confirmed except upon a few narrow circumstances,[5] the arbitrator who acts beyond the scope of the authority found in the parties’ arbitration clause risks having the award vacated.[6]

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In Nevada, the elements for a claim slander of title are:

  1. Defendant makes false and malicious communications;
  2. Disparaging to one’s rights in land; and
  3. Plaintiff is damaged.

Robinson v. Ocwen Loan Servicing, LLC, Case No. 2:10-CV-321 JCM , 2010 WL 2834895, *2 (D. Nev. 2010); Exec. Mgt., Ltd. v. Ticor Title Ins. Co., 962 P.2d 465, 478 (Nev. 1998).

 

See elements for other claims at the Nevada Law Library

This is the sixth in a series of articles on doing business with Native American Tribes in Nevada.  These articles provide an overview of the political and business structures employed by Indian tribes, as well as the advantages and challenges of doing business in Indian Country.

Incentives for Doing Business With Indian Tribes

Accelerated Depreciation

Businesses operating on tribal reservations may accelerate the rate of depreciation of property used within the reservation.  Property normally depreciated over twenty years may be depreciated over twelve years.  Property normally depreciated over five years may be depreciated over three years.  Property normally depreciated over three years may be depreciated over two years. (more…)

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