Law Office of Hayes & Welsh

Changing Law of Nevada Noncompete Agreements

2022-08-31T17:03:38Z

Many employees as a condition of employment agreed to sign a noncompete agreement with an employer. Many of these agreements were signed at the commencement of employment. Since 2017, the Nevada Legislature and the Nevada Courts have legislatively and judicially modified what actions can be taken by an employer to enforce the terms of these agreements. Nevada Revised Statues 613.195 exempts provisions that may place an unreasonable hardship on the employee. Recent legislation also exempts hourly employees from noncompetition covenants. Both employers and employees should understand their respective rights under these provisions.

Court Administrative Order Regarding Deposition Behavior

2022-07-08T17:37:16Z

ADMINISTRATIVE ORDER REGARDING DEPOSITION BEHAVIOR

On May 9, 2022, the Eighth Judicial District Court for Clark County, Nevada, issued an administrative order regarding deposition behavior. (Administrative Order 22-08 available on the Court’s website). In issuing the order the Court stated: “The Court enters this Order in furtherance of its duty to “secure the just speedy, and inexpensive determination of every action and proceeding” All Counsel intending to participate in depositions, and witnesses expecting to testify at trial, must comply with this Order. Counsel must behave professionally at all times during depositions; they must treat parties, other counsel, videographers, interpreters, and others involved in any aspect of a deposition with civility and respect.The Order covers many topics including scheduling, examination of witnesses, raising objections and resolving disputes.

The Implied Covenant Of Good Faith And Fair Dealing

2023-06-15T13:10:22Z

THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

The Nevada Supreme Court has recognized the implied covenant of good faith and fair dealing that attaches to contracts. This covenant is explained in the 1991 decision in Hilton Hotels Corporation v. Butch Lewis Productions, Inc. 107 Nev. 226, 808 P.2d 919 (1991). In its decision, the Court held: “When one party performs a contract in a manner that is unfaithful to the purposes of the contract and the justified expectations of the other party are thus denied, damages may be awarded against the party who does not act in good faith. Whether the controlling party’s actions fall outside the reasonable expectations of the dependent party is determined by the various factors and general circumstances.” (citations omitted)

Quiet Title Actions in Nevada for Real Estate

2022-05-25T22:35:28Z

Many property owners find themselves in need of an attorney to handle a real estate quiet title action. Quiet title is often needed at the time of selling or refinancing property. It is at this time that as a result of a title search, old trust deeds, mortgages, liens, easements, ownership issues, etc. can be discovered that need to be removed from title through a court action. Without quieting title, clean title insurance may not be available. Hayes and Welsh is experienced in real estate quiet title actions. We can also work with owners and their title companies to address title issues that can sometimes be resolved without filing a lawsuit.

Nevada is a Leader in Lithium Production and Resulting Technology Investments

2023-06-15T13:12:41Z

Nevada is known for its mining. Nevada is also becoming a leader in lithium production. As reported by the Nevada Department of Taxation, lithium in 2019, as generated from one mine, resulted in more than $800,000 in tax revenues. This mineral results in users of lithium locating in or near Nevada including Tesla and Panasonic.

2021 Nevada Legislature Makes Changes in Eviction Laws

2023-06-15T13:12:29Z

The 2021 Nevada Legislature made a number of changes to Nevada eviction and foreclosure laws: AB 141: Requires that courts seal all records of summary evictions granted during COVID. AB 308: Makes changes to how late fees are calculated. Changes procedures for rent increases. AB 486: Makes changes to the eviction process for a default in payment and allows tenants to use a claim of pending rent assistance to stay eviction.

Rental Assistance Program Needs To Work

2023-06-15T13:12:04Z

Various Nevada and Federal eviction Moratoriums present challenges to Nevada landlords. The on again off again nature of these holds creates uncertainty. Federal rental assistance is available, but appears to not be distributed as planned. Hopefully, steps will be taken to move the process along for the benefit of both tenants and landlords.

Nevada Legislature

2021-04-26T16:20:06Z

The 2021 Nevada Legislature is in session. Much of the work of this session of the Nevada Legislature involves matters related to debtor rights related to the pandemic. Hayes and Welsh is following this potential legislation and would be pleased to discuss changes in the law following the adjournment of the Legislature in June.

The Nevada Courts Clarify Discovery Rules

2020-10-15T20:51:36Z

The attorneys at the Law Office of Hayes & Welsh are experienced litigators with litigation experience in Nevada district courts, justice courts, Nevada federal court and bankruptcy court. Most lawsuits involve discovery of documents and evidence from the other party. There are limits on discovery. It is important to retain a a law firm that understand these limits and restrictions. Several recent Nevada Supreme Court decisions have clarified some limits on discovery: In The State of Nevada, Department of Taxation v. The Eighth Judicial District Court of the State of Nevada, 136 Nev. ___, Adv. Op. 42, No. 80637 (July 9, 2020), the Nevada Supreme Court clarified the definition of "possession, custody, or control" under NRCP 16.1. The Court held that this definition encompasses physical possession of the documents, as well as legal control (the legal right to obtain the documents). In Venetian Casino Resort, LLC v. The Eighth Judicial District Court, 136 Nev. ___, Adv. Op. 26, No. 79689-COA (May 14, 2020), the Nevada Court of Appeals held that NRCP 26(b)(1) requires that the district courts consider proportionality, in addition to relevance, when determining the scope of discovery. Additionally, NRCP 26(b)(1) outlines several factors for the courts to use regarding proportionality. Before entering a protective order under NRCP 26(c)(1), the district courts must analyze whether good cause for a protective order exists. The court should use the three part test articulated in In re Roman Catholic Archbishop of Portland in Or., 661 F.3d 417, 424 (9th Cir. 2011), to determine whether good cause exists.

Litigation Costs are Recoverable in Nevada as an Award to the Prevailing Party

2020-10-06T16:29:55Z

We are often asked if costs and attorney fees can be recovered as part an action to collect. Costs and attorney fees recovery are governed by NRS 18.005-18.180. Costs can include filing fees, court reporter fees, service of process fees, expert fees, etc. NRS 18.020 allows the recovery of court costs to the prevailing party in litigation. This is applicable where the award is a result of default (the defendant failing to respond) or in a contested action where the matter is eventually decided by a verdict. NRS 18.110 describes the process to be awarded costs. The process begins with the prevailing party filing with the court clerk a Verified Memorandum of Costs, or simply a Memorandum of Costs. The non-prevailing party can object to the requested costs by filing a timely objection. The Court will ultimately "settle the costs". Judges are generally inclined to add an award of costs to a judgment assuming the costs are reasonable, comply with statute and the statutory steps for recovery are followed.