Archive for: May, 2016

In Nevada, the elements for a claim of civil RICO violations (Racketeering Influenced and Corrupt Organizations Act) are:

  1. Defendants engaged in racketeering activities as defined in NRS 207.390 and a racketeering enterprise as is defined in NRS 207.380;
  2. Defendants acting directly, and in conspiracy with one another or through their syndicate, participated directly in racketeering activity by engaging in at least two crimes related to racketeering;
  3. Defendant’s activities have the same or similar pattern, intent, results, accomplices, victims, or methods of commission, or otherwise interrelated by distinguishing characteristics and are not isolated events;
  4. Defendant acquired or maintained directly or indirectly an interest in, or control of, any enterprise, or defendants are employed by or associated with any enterprise to conduct or participate directly or indirectly in the affairs of the enterprise through a racketeering activity;
  5. Plaintiff’s injuries flow from the defendant’s violation of a predicate Nevada RICO act;
  6. Plaintiff’s injury was be proximately caused by the defendant’s violation of the predicate act;
  7. Plaintiff did not participate in the commission of the predicate act; and
  8. Plaintiff is entitled to institute a civil action for recovery of treble damages proximately caused by the RICO violations. NRS 207.470(1).

NRS 207.470; Stoddart v. Miller, 2008 WL 6070835 (Nev. 2008 ); Siragusa v. Brown, 114 Nev. 1384, 971 P.2d 801 (1999); Gordon v. Eighth Judicial Dist. Ct., 12 Nev. 216, 231, 913 P.2d 240, 250-51 (1996); Cummings v. Charter Hosp. of Las Vegas, Inc., 111 Nev. 639, 896 P.2d 1137 (1995); Allum v. Valley Bank of Nevada, 109 Nev. 280, 849 P.2d 297 (1993); Hale v. Burkhardt, 104 Nev. 632, 634, 764 P.2d 866, 867 (1988).

 

See elements for other claims at the Nevada Law Library

Professional Experience

Arbitration and Mediation Concentrations

  • Business/Commercial
  • Business/Partnership Disputes/Dissolution
  • Business Torts
  • Contract Disputes
  • Employment
  • Franchise Disputes
  • Personal Injury
  • Real Estate
  • Trade Secrets
  • Unfair Competition and Restrictive Covenants

ADR Training

  • Graduate: Pepperdine University’s Straus Institute for Dispute Resolution “Advanced Mediation: Skills and Techniques” course (2017)
  • Employment and Labor Case Law Update: What Arbitrators and Practitioners Need to Know (AAA 2017)
  • Faculty, Arbitration Fundamentals and Best Practices for New Arbitrators, AAA (October 2017)
  • Out of Sight, Out of Mind:  What You Need to Know about Preventing and Arbitrating Business-to-Business (“B2B”) Data Breaches, AAA (2017)
  • Panelist, Arbitrator’s Roundtable – Las Vegas, AAA (2017)
  • Nevada Supreme Court Settlement Judge Training, Nevada Supreme Court (2016)
  • Impasse Prevention & Communication/Implied Bias, Nevada Supreme Court (2016)
  • Breaking Impasse, Nevada Supreme Court (2016)
  • Mediation Ethics, a Comprehensive Review, Nevada Supreme Court (2016)
  • Consolidation and Joinder In Construction Arbitration: Ignorance Is Not Bliss, AAA (2016)
  • Arbitrator’s Roundtable – Las Vegas, AAA (2016)
  • Arbitrator Subpoenas: Are They Worth the Paper They’re Printed On? AAA (2015)
  • Essential Mediation Skills for the New Mediator, AAA (2015)
  • Fundamentals of Effective Mediation Advocacy, AAA (2015)
  • Confronting Arbitrability & Jurisdiction in Arbitration, AAA (2015)
  • Arbitrator’s Roundtable – Las Vegas, AAA (2015)
  • Award Writing, AAA (2014)
  • Arbitration Fundamentals and Best Practices, AAA (2013)
  • Arbitrator’s Role, Authority, and Responsibility, AAA (2006)
  • Arbitrator’s Ethics, Practice Standards and Disclosures, AAA (2006)
  • Preparing for and Conducting a Preliminary Hearing, AAA (2006)
  • Managing Issues Involving Self-Represented Parties, AAA (2006)
  • Managing Panel Dynamics, AAA (2006)
  • Preparing for and Writing the Award, AAA (2006)
  • Managing Evidentiary Hearing Issues, AAA (2006)
  • Managing Post-Hearing Issues, AAA (2006)
  • Arbitrator Training, Better Business Bureau (2006)
  • Succeeding In Mediation, AAA (2003)
  • Mediation and Arbitration Advocacy, AAA (2002)
  • Cutting Edge Negotiation Strategies for Lawyers, Negotiation Strategy Institute (2002)
  • Arbitrator Training, Supreme Court of Nevada, State Bar of Nevada (2000)
  • Arbitration 101, Clark County Bar Association (1994)
  • 40-hour Arbitrator Training, AAA (2013)
  • 40-hour Mediation Training, AAA (2015)
  • 36 Hour ADR Certification, J. Reuben Clark Law School, Brigham Young University (1994)

Professional Licenses

  • Nevada State Bar (1994)
  • U.S. District Court, District of Nevada (1994)
  • U.S. Court of Appeals, 9th Circuit (1995)

Memberships and Professional Affiliations

  • State Bar of Nevada
  • Clark County Bar Association
  • American Arbitration Association
  • National Institute for Trial Advocacy

Education

  • J.D., J. Reuben Clark Law School (1994)
  • B.A., Brigham Young University (1991)

Honors & Awards 

  • Top 100 List:  Mountain States Super Lawyers, in Business Litigation and ADR (2015 – 2017)
  • The Best Lawyers in America, Arbitration (2017)
  • Mountain States Super Lawyers (2014-present)
  • AV Rated, Martindale-Hubbell (Litigation, Commercial Law, and Business Law)
  • America’s Most Honored Professionals, Top 10% (2011, 2015-2016) Top 1% (2017)
  • Top 100 Lawyers in the Mountain States, Salt Lake Magazine (2015 – 2016)
  • Perfect 10.0 “Superb” Avvo.com rating
  • Nevada Legal Elite 2017, top 4% of Nevada’s Attorneys in  the Categories of: Professional Neutral (Arbitrator & Mediator) and Business Litigation.
  • Nevada Legal Elite, top 1% of Nevada’s Attorneys (2009, 2011, 2014 – 2015)
  • Top Lawyers, Desert Companion Magazine (2012 – 2014)
  • Top 100 Lawyers, MyVegas Magazine (2012 – 2013)
  • Vegas, Inc. Magazine – “Top Lawyers: The Best of the Best in Southern Nevada,” (2013)
  • Clark County Pro Bono Project Award – 50 hours certificate (2013)
  • Client’s Choice Award, AVVO in Litigation, Arbitration, Business Law, Bankruptcy, and Real Estate (2015)
  • National Institute for Trial Advocacy, “Master Advocate” designation
  • 48th Annual GRAMMY® Award Winner – Best Gospel Choir or Chorus Album (2005)
  • Vocalist, NAACP Image Award-winning album “Where My Heart Belongs” (2015)

LECTURES/TEACHING

  • Arbitration Fundamentals and Best Practices for New Arbitrators, AAA (October 2017)
  • Arbitrator’s Roundtable, Panelist, AAA (2017)
  • Deposition Training, Faculty for the National Institute for Trial Advocacy‘s Nevada Deposition Program, Continuing Legal Education Seminar (2008-2012 & 2014-present)
  • Business Contracts A to Z, Faculty presenting lecture and written materials on non-competition agreements, trade secrets, intellectual property, and breach of contract, National Business Institute (2012)
  • Advocacy Teacher Training, Graduate of the National Institute for Trial Advocacy’s intensive teacher training program (November 2009)
  • Trial Advocacy Training, Faculty for the National Institute for Trial Advocacy’s Las Vegas In-house Trial Training program, Continuing Legal Education Seminar (March 2006)
  • Deposition Training, Faculty for the National Institute for Trial Advocacy’s Las Vegas In-house Deposition Program, Continuing Legal Education Seminar (August 2005)
  • Commercial and Residential Evictions, Presenter of “Residential Evictions and Trial,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (May 18, 2005)
  • Landlord-Tenant Law Update, Presenter of “The Eviction and Judicial Process,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (January 13, 2005)
  • Commercial Leases: Drafting, enforcing, and Other Critical Issues, Presenter of “When a Tenant Files Bankruptcy,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (September 23, 2004)
  • Protecting the Homeowners Association, Presenter Las Vegas Seminar to Property Managers, Homeowner Association Boards, and Homeowners, Las Vegas, Nevada (1995)

BOOKS/PUBLICATIONS

ARTICLES

Nevada Mediation Toolbox

Nevada Arbitration Toolbox

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…)

Jay Young’s Peer Reviews

Mark Twain’s reportedly once said, “I like criticism, but it must be my way.”  Below are actual blind peer reviews given of Jay Young, Las Vegas, Nevada business attorney, arbitrator, and mediator to lawyer.com.  Mr. Young’s peers–attorneys and judges–have given him the highest marks available for knowledge and ethics in Arbitration, Litigation, Commercial Law, Real Estate, and Business Law.

(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…)

Jay Young, Nevada Business Attorney and Arbitrator

Jay Young is a Las Vegas, Nevada Arbitrator, Mediator, and Supreme Court Settlement Judge

For downloadable pdf of this article, click here.

Many of the complaints that I hear from litigators about arbitration could be resolved if the arbitration clause which forced the parties into litigation were written better.  Arbitrations are, of course, 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]  So, if you want the arbitrator to behave differently, write a better arbitration agreement.  (more…)

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