Identity Theft

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 contract claim of breach of the covenant of good faith and fair dealing are:

  1. Existence of a valid contract;
  2. Every contract in Nevada contains an implied covenant to act in good faith in performance and enforcement of the contract;
  3. Justifiable expectation by the plaintiff to receive certain benefits consistent with the spirit of the agreement;
  4. Defendant performed in a manner that was in violation of or unfaithful to the spirit of the contract (the terms of the contract are complied with in a literal sense, but the spirit of the contract is breached);
  5. Unfaithful actions by the defendant were deliberate; and
  6. Causation and damages.

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Identity Theft is a Crisis of The Modern Era

We are seeing more and more cases of identity theft all the time.  The recent breaches at Home Depot, Target, Anthem, and Sony illustrate the breadth of the problem.. This issue is certainly a topic of national concern. While there are legal means to redress this problem, the best protection is to avoid identity theft altogether.  The following are some suggestions for preventing, or at least limiting the extent of, identity theft. (more…)

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If your identity is stolen, the FTC recommends that you immediately take these four steps as soon as possible, and keep a record with the details of your conversations and copies of all correspondence.

Place a fraud alert on your credit reports, and review your credit reports.

Fraud alerts can help prevent an identity thief from opening any more accounts in your name. Contact the toll-free fraud number of any of the three consumer reporting companies below to place a fraud alert on your credit report. You only need to contact one of the three companies to place an alert. The company you call is required to contact the other two, which will place an alert on their versions of your report, too. If you do not receive a confirmation from a company, you should contact that company directly to place a fraud alert. (more…)

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For the first time in years, my wife did not participate in the after Thanksgiving “Black Friday” sales.  Instead, she went on a family paintball outing.  That didn’t stop her from spending several thousand dollars that day, or from opening accounts at Kohls, Target, JC Penny’s, or from applying for a new credit card.  Well, at least it didn’t stop someone using her name from doing those things.

We quickly learned the havoc that can be wreaked from identity theft when someone using evidently well-crafted fake identification containing my wife’s actual name, date of birth, social security number, and home address charged thousands of dollars at various department stores on Black Friday.  It is a problem we are still dealing with, and which we found out probably has its origin in some stolen medical records. (more…)

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