Month: January 2024

Ask for a Break in a Deposition in Nevada and You Waive the Attorney-Client Privilege

January 9, 2024February 12, 2025 Jay Young No Comments

(Discoverability of Conversations During Deposition Breaks)

Let’s pretend that your client needs a restroom break during a deposition and there is no question pending (thus, not triggering an In Re Stratosphere Corporation, 182 F.R.D. 614 (D. Nev. 1998) problem). You and your client requested a break. Before going back into the deposition, you remind your client about the training you gave him to answer only the question asked and not to volunteer information. You also tell him to beware if opposing counsel asks questions about that smoking gun document that he pay special attention to the second paragraph. Under a recent Nevada decision, no privilege would attach to that conversation, meaning your client could and would be forced to divulge the contents of that conversation if the examining attorney is aware of the decision.

ARM Podcast: What Makes Business Mediation Unique?

January 9, 2024February 3, 2024 Jay Young No Comments

Join ARM Founder Abbas Kazerounian, Esq, as he discusses the unique characteristics of business mediation with ARM Neutrals Jay Young, Esq, and Kristine Kuzemka, Esq.

Alternative Dispute Resolution, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Mediation Mediator

Are You Sure You Have Enough Home, Auto, And Recreational Vehicle Insurance to Protect Your Family?

January 9, 2024February 3, 2024 Jay Young No Comments

Many homeowners or car owners are shocked, after an accident, to find that their insurance does not pay for all of their losses (or those of someone they injured), or in some cases, even most of their losses.

How Much is Enough?

Whether you have the right amount and type of coverage may well depend on the amount of assets you have to protect. If you make $30,000 a year and rent an apartment, $100,000/ $300,000 coverage may suffice. If, on the other hand, you earn a six figure annual salary, have a business, or significant assets, carrying that little amount of coverage would be foolish.

Business Law, Franchise Law, J

Are You Ready For Mediation? 7 Things to Discuss With Your Client

January 9, 2024February 3, 2024 Jay Young No Comments

Readiness Checklist for Mediation Counsel should consider discussing the matters below with their client prior to mediating a litigated matter. Doing so will better prepare the client and counsel for the mediation itself and will improve the opportunity for resolution at mediation. Explain the Process of Mediation What Is Mediation? What is the Role of…

Alternative Dispute Resolution, Business Law, J, Litigation, Mediation Mediator

Are They Employees or Independent Contractors?

January 9, 2024February 3, 2024 Jay Young No Comments

With challenges to the economy, companies are looking for every way possible to save money. A potential risk for employers is to mischaracterize an employee as an independent contractor, which may save payroll taxes in the short term but may lead to penalties on such taxes as well as other inadvertent violations of worker’s compensation laws,…

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

Are Nevada Common Law Trade Secret Claims “Displaced” by the Uniform Trade Secret Act?

January 9, 2024February 3, 2024 Jay Young No Comments

A majority of courts have held that all common law claims which might otherwise be made against an employee who uses his employer’s confidential information are abrogated when the legislature enacts the Uniform Trade Secret Act. Nevada has codified both the Nevada Uniform Trade Secret Act (“NUTSA”), and the idea that common law claims are…

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

Are Minimum Wage Laws that Discriminate Against Franchises “Industry-Specific” for the Purposes of Item 1?

January 9, 2024February 3, 2024 Jay Young No Comments

By Guest Blogger Matthew Kreutzer The top stories in the franchise world continue to be about efforts by the cities of Seattle, Chicago, and others in raising the minimum wage with laws that discriminate against small business owners who own franchises. These laws are a serious concern for franchisees and franchisors alike. In brief, these laws…

Business Law, Franchise Law, J, Litigation

Arbitration of Actions in District Courts and Justice Courts in Nevada

January 9, 2024February 3, 2024 Jay Young No Comments

ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS

NRS 38.250 Nonbinding arbitration of certain civil actions filed in district court required; nonbinding arbitration of certain civil actions filed in justice court authorized; effect of certain agreements by parties to use other alternative methods of resolving disputes.

1. Except as otherwise provided in NRS 38.310:

(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a short trial.

(b) A civil action for damages filed in justice court may be submitted to binding arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference or mediation, if the parties agree to the submission.

2. An agreement entered into pursuant to this section must be:

(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;

(b) In writing; and

Ê An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.

3. As used in this section, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than eight persons and a specified limit on the amount of time each party may use to present the party’s case.

(Added to NRS by 1991, 1343; A 1993, 556, 1024; 1995, 1419, 2537, 2538; 1999, 852, 1379; 2003, 851; 2005, 391)

Arbitration Arbitrator, Business Law, Litigation

An Overview of the Federal Arbitration Act

January 9, 2024February 13, 2025 Jay Young No Comments

The Federal Arbitration Act, 9 U.S.C. §1 et seq. (the “FAA”), governs the enforcement of arbitration agreements. 9 U.S.C. §§ 1-2; Prima Paint Corp. v. Flood & Conklin Mfg. Co., 398 U.S. 395, 402 (1967). The FAA established a national public policy favoring arbitration. AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1745 (2011)). An arbitration agreement is enforceable under the FAA if it is in writing, relates to a commercial or maritime transaction, and manifests and agreement between the parties to arbitrate a dispute. 9 U.S.C § 1. Contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” are not covered by the FAA. Id.

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Alternative Dispute Resolution Options in Las Vegas, Nevada

January 9, 2024February 3, 2024 Jay Young No Comments

There are many pathways to resolving legal disputes in Nevada other than litigating the matter in court. Some of those pathways, paradoxically, begin with one of the parties filing a lawsuit in court. Others are initiated by the parties without going to court. This article explores the various pathways to Alternative Dispute Resolution (“ADR”), including arbitration and mediation and the rules governing them.

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

Month: January 2024

Ask for a Break in a Deposition in Nevada and You Waive the Attorney-Client Privilege

(Discoverability of Conversations During Deposition Breaks)

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ARM Podcast: What Makes Business Mediation Unique?

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Are You Sure You Have Enough Home, Auto, And Recreational Vehicle Insurance to Protect Your Family?

How Much is Enough?

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Are You Ready For Mediation? 7 Things to Discuss With Your Client

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Are They Employees or Independent Contractors?

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Are Nevada Common Law Trade Secret Claims “Displaced” by the Uniform Trade Secret Act?

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Are Minimum Wage Laws that Discriminate Against Franchises “Industry-Specific” for the Purposes of Item 1?

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Arbitration of Actions in District Courts and Justice Courts in Nevada

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An Overview of the Federal Arbitration Act

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Alternative Dispute Resolution Options in Las Vegas, Nevada

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(Discoverability of Conversations During Deposition Breaks)

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How Much is Enough?

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