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 ..read more

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.  ..read more

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.  ..read more

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 ..read more

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 ..read more

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.The post Nevada is a leader in Lithium Production and Resulting Technology Investments first appeared on Law Office of Hayes & Welsh ..read more

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 ..read more

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 ..read more

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 ..read more

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 o ..read more