In Nevada, in order to qualify for the remedy of disgorgement of profits, one must plead and prove:
- Defendant owes another a fiduciary duty;
- Defendant has breached the fiduciary duty and profited thereby;
- Causation and damages; and
- Plaintiff is entitled to have Defendant disgorge profits which are the result of his breach.
G.K. Las Vegas Ltd. P’ship v. Simon Prop. Grp., 671 F. Supp. 2d 1203 (D. Nev. 2009); Alley v. Nevada Real Estate Div., 94 Nev. 123, 125; 575 P.2d 1334, 1335 (1978); Women’s Fed. Savings and Loan Assoc. V. Nevada Nat’l Bank, 81 F.2d 1255, 1260 (9th Cir. 1987); Holland Realty Inv. Co. v. State of Nevada, Dept. of Commerce, Real Estate Div., 84 Nev. 91, 97-98; 436 P.2d 422, 425-26 (1968).
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.