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Year: 2017

Nevada Employers: Can We Talk About Marijuana For a Minute?

Posted on August 29, 2017January 9, 2024 By Jay Young No Comments on Nevada Employers: Can We Talk About Marijuana For a Minute?

By Robert Rosenthal, Esq. and Jay Young, Esq. Employers, do your zero drug tolerance policies allow you to discipline an employee for using marijuana if the employee is legally using medical marijuana in Nevada?  The answer may surprise you. A recent federal court held that just because marijuana is illegal under federal law does not…

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Employment Law, J

Why You Should Never Refer to Someone as Your Partner

Posted on August 29, 2017February 3, 2024 By Jay Young No Comments on Why You Should Never Refer to Someone as Your Partner

Partnership by Estoppel in Nevada Partnership by estoppel is a statutory recognition that someone “represents himself or herself, or consents to another representing him or her to any one, as a partner” and should therefore be held responsible as a partnership under the law.  NRS 87.160(1).  A partner is an association of two or more…

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Business Law, J, Litigation

Nevada Partnership Formation and Law

Posted on August 24, 2017 By Jay Young No Comments on Nevada Partnership Formation and Law
Nevada Partnership Formation and Law
Nevada Partnership Formation and Law

I hear people refer to those with whom they do business as their “partners” frequently.  I even hear this from people who are really shareholders in a corporation or members in a limited liability company.  I am fairly certain that if most of them understood the potential liability of forming a true partnership, they would never call themselves someone’s partner ever again.  Partnerships are relatively easy to form (beware: some court decisions and Nevada’s statutes have held that a partnership can be formed just by telling those with whom you are doing business that you and another person are “partners”), requiring simply an association of two or more persons doing business together for a profit.  NRS 87.060(1).  Every partner is a fiduciary to the other partner(s).  That means the partner has a legal duty to act in the best interests of his or her partners and of the partnership rather than acting in his or her own interest.  NRS 87.210.

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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.

nevadalawinfo.wordpress.com

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Business Law, Corporate Governance, J

Election of Remedies in Nevada

Posted on August 19, 2017January 9, 2024 By Jay Young No Comments on Election of Remedies in Nevada

The plaintiff in a lawsuit is allowed to seek as many remedies as are available to her and may choose the one which is most beneficial to her.  The doctrine of election of remedies requires:

  1. The existence of two or more remedies;
  2. Inconsistency between the remedies; and
  3. Choice of one or more of the remedies.[1]

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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.

nevadalawinfo.wordpress.com

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J

Misappropriation of Trade Secrets in Nevada

Posted on August 4, 2017 By Jay Young No Comments on Misappropriation of Trade Secrets in Nevada

How Does a Party Prosecute an Action for Misappropriation of Trade Secrets? NRS 600A.030(2) defines “misappropriation” as: (a) Acquisition of the trade secret of another by a person by improper means; (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired…

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

Mediation FAQ: What Helps To Get The Case Settled?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What Helps To Get The Case Settled?

What Helps To Get The Case Settled? Everything I have covered in this article is designed to assist you in trying to resolve your dispute.  The more you prepare, the more likely you are to reach a settlement.  Perhaps the most important factor in you being able to settle your case is having a realistic…

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Alternative Dispute Resolution, J, Mediation Mediator

Mediation FAQ: How Long Will the Mediation Last?

Posted on July 28, 2017 By Jay Young No Comments on Mediation FAQ: How Long Will the Mediation Last?

How Long Will the Mediation Last? No two mediations are alike, but you should be prepared for a long, sometimes tedious, tiresome, trying, and emotional process.  The more complex the problem, the more likely that the mediation will take some time to come to a conclusion.  I have spent as little as an hour and…

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Alternative Dispute Resolution, J, Mediation Mediator

Mediation FAQ: Can You Speak With Your Attorney Privately Any Time You Want?

Posted on July 28, 2017 By Jay Young No Comments on Mediation FAQ: Can You Speak With Your Attorney Privately Any Time You Want?

Can You Speak With Your Attorney Privately Any Time You Want?             Yes!  All you have to do, whether in a joint session or separate session, is tell me and I will make arrangements for privacy so that you can speak freely with your counsel. Jay Young is a Mediator in Las Vegas, Nevada.  He…

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Alternative Dispute Resolution, J, Mediation Mediator

Mediation FAQ: What Is A Separate Session?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What Is A Separate Session?

What Is A Separate Session? A separate session is sometimes referred to as a caucus or a private session.  It is simply a private meeting between a mediator and one party (with that party’s counsel).  I place the parties in separate rooms, and far enough apart that they won’t run into each other easily and…

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Alternative Dispute Resolution, J, Mediation Mediator

Mediation FAQ: What Will Happen At The Mediation?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What Will Happen At The Mediation?

What Will Happen At The Mediation? First, I prefer to have a pre-mediation discussion by telephone with counsel a few days before we meet.  I find that these conversations give me a flavor for the dispute that I cannot always get from the written briefs, and help me to jumpstart the actual mediation by getting…

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Alternative Dispute Resolution, J, Mediation Mediator

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