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Category: Business Law

The Elements for a Claim of Aiding and Abetting Another’s Breach of a Fiduciary Duty

Posted on July 2, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Aiding and Abetting Another’s Breach of a Fiduciary Duty

In Nevada, the elements for a claim of aiding and abetting another’s breach of a fiduciary duty are: A fiduciary relationship exists; The fiduciary breached the fiduciary relationship; The third party knowingly participated in the breach; and Causation and damages. In re: Amerco Derivative Litigation, 252 P.3d 681 (Nev. 2011); J.P. Morgan Chase Bank, N.A….

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

Elements for a Claim of Breach of a Fiduciary Duty

Posted on June 25, 2015January 9, 2024 By Jay Young No Comments on Elements for a Claim of Breach of a Fiduciary Duty

In Nevada, the elements for a claim of breach of fiduciary duty are: A fiduciary relationship exists between two persons such that one of them is under a duty to act for or give advice for the benefit of another upon matters within the scope of that relationship; Failure of the party owing the duty…

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

Injunctive Relief in Nevada

Posted on June 19, 2015January 9, 2024 By Jay Young No Comments on Injunctive Relief in Nevada

TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION

In Nevada, in order to obtain a temporary restraining order, preliminary injunction, or permanent injunction, generally, the following are considered by the courts:

  1. A party must demonstrate that it has a reasonable probability of success on the merits of its underlying claims;
  2. Without injunctive relief, plaintiff will suffer irreparable harm for which compensatory damages are inadequate;
  3. The court may weigh the public’s interest in seeing the harm stopped, as well as the relative hardships of the parties should the court take or refuse to take action; and
  4. The purpose of the restraining order/injunction is to preserve the status quo, or to “preserve a business or property interest.” Buion v. Terra Mktg. of Nev., Inc., 90 Nev. 237, 240, 523 P.2d 847, 848 (1974).
  5. Imposition of a bond is required by NRCP 65(c).

Read More “Injunctive Relief in Nevada” »

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

Elements for the Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Tort

Posted on June 18, 2015July 15, 2025 By Jay Young No Comments on Elements for the Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Tort

In Nevada, the elements for a tort 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. The existence of a special relationship of trust between the plaintiff and defendant;
  6. Unfaithful actions by the defendant were deliberate;
  7. Causation and damages; and
  8. Punitive Damages.

Read More “Elements for the Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Tort” »

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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Elements for a Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Contract

Posted on June 18, 2015July 15, 2025 By Jay Young No Comments on Elements for a Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Contract

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.

Read More “Elements for a Claim of Breach of the Implied Covenant of Good Faith and Fair Dealing — Contract” »

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

The Buy-Sell Agreement is Arguably The Most Important and Most Overlooked Business Agreement

Posted on June 16, 2015January 9, 2024 By Jay Young No Comments on The Buy-Sell Agreement is Arguably The Most Important and Most Overlooked Business Agreement
The Buy-Sell Agreement is Arguably The Most Important and Most Overlooked Business Agreement
The Buy-Sell Agreement is Arguably The Most Important and Most Overlooked Business Agreement

Buy-sell agreements can alleviate disputes that can arise between or among owners and can provide for payments to buy out an owner’s interest in the business at an owner’s death or disability without disrupting the ongoing business.   It can avoid family fights, fights between surviving owners and the deceased owner’s spouse, while maintaining the integrity of the company’s goodwill and liquidity. They are an essential part of proper corporate governance for any closely held business. If an owner is unable to continue in the business, the agreement triggers the sale of that owner’s portion of the company at a price designated in the agreement.

Read More “The Buy-Sell Agreement is Arguably The Most Important and Most Overlooked Business Agreement” »

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

The Elements for a Claim of Breach of an Express Warranty

Posted on June 11, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Breach of an Express Warranty

In Nevada, the elements for a claim of breach of an express warranty are: Existence of an express warranty (an affirmative act or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain that the goods shall conform to the affirmation or promise);…

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

The Elements for a Claim of Breach of the Duty of Loyalty

Posted on June 4, 2015January 9, 2024 By Jay Young No Comments on The Elements for a Claim of Breach of the Duty of Loyalty

In Nevada, the elements for a claim of breach of the duty of loyalty are: Defendant is a fiduciary to Plaintiff company; Defendant owed plaintiff the duty of loyalty, requiring defendant to maintain, in good faith, the corporation’s and its shareholders’ best interests over anyone else’s interests; Defendant breached the duty of loyalty; and Causation…

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

The Elements for the Claim of Breach of the Covenant Not to Compete

Posted on May 28, 2015January 9, 2024 By Jay Young No Comments on The Elements for the Claim of Breach of the Covenant Not to Compete

Generally, a Covenant Not to Compete is “[a]n agreement, generally part of a contract of employment or a contract to sell a business, in which the covenantor agrees for a specific period of time and within a particular area to refrain from competition with the covenantee.”  Black’s Law Dictionary 364 (6th ed. 1990).   The Covenant Not to Compete is known by multiple other names: the “restrictive covenant,” “non-competition agreement,” or as an “agreement not to compete” (hereinafter the “Covenant”).  Griffin Toronjo Pivateau, Putting the Blue Pencil Down: An Argument for Specificity in Noncompete Agreements, 86 Neb. L. Rev. 672, 675 (2008).

Read More “The Elements for the Claim of Breach of the Covenant Not to Compete” »

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

Does Your Business Comply With Nevada’s Workplace Safety Program Laws?

Posted on May 26, 2015 By Jay Young No Comments on Does Your Business Comply With Nevada’s Workplace Safety Program Laws?
Does Your Business Comply With Nevada’s Workplace Safety Program Laws?
Does Your Business Comply With Nevada’s Workplace Safety Program Laws?

Does your company have a Written Safety Program?

Did you know that a Written Safety Program is required by law?  Every employer in Nevada which has 11 or more employees or which manufactures explosives is required to have a written Safety Program.

Your Written Safety Program (“WSP”) must include:

  • A training program for employees, targeting areas of specific concern or where there have been recurring injuries;
  • If you have more than 25 employees, or manufacture explosives, you must have a safety committee which includes an employee representative.  Your employee representative on the safety committee must be paid “as if that employee were engaged in the employee’s usual work activities” for time spent on the committee;
  • The WSP manual and training must be available in a language and format that is understandable to each of your employees;
  • A statement explaining that the managers, supervisors, and employees are responsible for carrying out the program;
  • An explanation of the methods used to identify, analyze, and control new and existing hazardous conditions; and
  • A method for ensuring that employees comply with the safety rules and work practices.

Read More “Does Your Business Comply With Nevada’s Workplace Safety Program Laws?” »

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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