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Month: July 2015

The Elements for a Claim of Business Disparagement

Posted on July 30, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Business Disparagement

In Nevada, the elements for a claim of business disparagement are: A false and disparaging statement that interferes with the plaintiff’s business or are aimed at the business’s goods or services; The statement is not privileged; The statement is made with malice; and Proof of special damages. Clark County School District v. Virtual Educ. Software,…

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Business Law, Corporate Governance, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

How Do You Know When It Is Time to Have Your Will or Trust Reviewed?

Posted on July 28, 2015 By Jay Young No Comments on How Do You Know When It Is Time to Have Your Will or Trust Reviewed?

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So, you did a will, trust, or even a full estate plan. Great! Is it fully funded? Do you understand what that means? Have your financial circumstances changed such that your assets are different today than they were five years ago when you did your will? If you have not also changed your will (or trust) to adjust for these changes, your family could pay the price.

The Three to Five Year Rule

We recommend that you have your estate plan (will, trust, living will, power of attorney, etc.) reviewed every three to five years. Unless you are more diligent than most of us, you are probably leaving things out of your estate plan if you do not have your plan reviewed regularly.

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Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Estate Planning, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

The Elements for a Claim of Breach of Implied Warranty of Merchantability

Posted on July 23, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Breach of Implied Warranty of Merchantability

In Nevada, the elements for a claim of breach of an implied warranty of merchantability are: Buyer purchases goods from a seller; Seller is a merchant with respect to the goods of the type of those in question; Nevada law implies a warranty of merchantability unless specifically excluded or modified by contract with the seller…

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Business Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

What is Alternative Dispute Resolution? (Hint: Arbitration and Mediation)

Posted on July 21, 2015February 12, 2026 By Jay Young No Comments on What is Alternative Dispute Resolution? (Hint: Arbitration and Mediation)

 

When people are attacked, the natural reaction is to attack back. While competent trial attorneys are well equipped to attack the other side for you, a wise attorney will also step back from his role as an adversary and counsel you regarding your settlement options. In doing so, he is not necessarily telling you he doesn’t believe your side of the story. Rather, he is trying to get you, the astute businessperson, to make a smart business decision which considers only your bottom line, and not the emotion of the lawsuit or who is right and wrong.

Read More “What is Alternative Dispute Resolution? (Hint: Arbitration and Mediation)” »

Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

nevadalawinfo.wordpress.com

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Alternative Dispute Resolution, Arbitration Arbitrator, Business Law, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Mediation Mediator

Elements for a Claim of Trademark Infringement

Posted on July 20, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Trademark Infringement

11071126154_db6bcd405a_bIn Nevada, the elements for a claim trademark infringement are:

  1. Plaintiff has a valid, protectable symbol or name described as:______ (the “Mark”);
  2. Plaintiff owns the Mark as a trademark;
  3. Defendant used the Mark in commerce in connection with the sale or advertising of goods or services without the consent of the plaintiff in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods; and
  4. Causation and damages.

Read More “Elements for a Claim of Trademark Infringement” »

Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee.  Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

nevadalawinfo.wordpress.com

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Business Law, Employment Law, Franchise Law, Intellectual Property, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Indemnity in Nevada

Posted on July 19, 2015January 9, 2024 By Jay Young No Comments on Indemnity in Nevada

Indemnity is an agreement to compensate another party for loss or damage.  In Nevada, a party is entitled to full indemnity when it is subject to liability which, as between itself and another party, the other should bear.  In re City Center Constr. Litigation, 2011 WL 5847207 (Nev. 2001), Otak Nevada, LLC v. Eighth Judicial…

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Business Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Breach of the Implied Warranty of Fitness for a Particular Purpose

Posted on July 16, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Breach of the Implied Warranty of Fitness for a Particular Purpose

In Nevada, the elements for a claim of breach of an implied warranty of fitness for a particular purpose are: Plaintiff contracted with defendant to provide him with goods; Defendant is a merchant with respect to goods of the kind sold to plaintiff; Plaintiff relied on defendant in selecting or using said goods which defendant…

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Business Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Everything You Wanted to Know But Were Afraid to Ask About the DOL’s Proposed Overtime Regulation Changes

Posted on July 10, 2015January 9, 2024 By Jay Young No Comments on Everything You Wanted to Know But Were Afraid to Ask About the DOL’s Proposed Overtime Regulation Changes

By: Michael R. Lied, guest blogger Employers everywhere are seeking ways to understand the U.S. Department of Labor’s proposed changes to overtime regulations under the Fair Labor Standards Act (FLSA) announced this week. The revisions could impact millions of workers and businesses large and small when the final ruling possibly becomes effective next year. This…

Read More “Everything You Wanted to Know But Were Afraid to Ask About the DOL’s Proposed Overtime Regulation Changes” »

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Corporate Governance, Employment Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

The Elements for a Claim of Breach of the Implied Warranty of Habitability

Posted on July 9, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Breach of the Implied Warranty of Habitability

In Nevada, the elements for a claim of breach of the implied warranty of habitability are: All landlords shall maintain the dwelling unit at all times during the tenancy in a habitable condition; The dwelling unit is not habitable, as its condition violates provisions of relevant health, sanitation, and safety requirements of the statute(s); Tenant…

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J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Thinking About Opening a Business in Nevada? Here are Some Things You Should Know About Licensing

Posted on July 7, 2015January 9, 2024 By Jay Young No Comments on Thinking About Opening a Business in Nevada? Here are Some Things You Should Know About Licensing

There are state and local licensing requirements to do business in Nevada. Effective October 1, 2009, the Nevada Legislature transferred the authority for issuance and collection of fees for a Nevada Business License from the Department of Taxation to the Secretary of State.  This step prevented the renewal of company charters by the filing of…

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Business Law, Corporate Governance, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

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