Nevada Business Legal Questions

I first recommend retaining a lawyer to make a demand for payment.  If that does not work, then you will have to bring suit to enforce the contract.  Hopefully, the contract provides for reimbursement of legal fees should the contract require enforcement.  Unfortunately, the cost of litigation may outweigh the $17,000 you are trying to enforce.  Make sure that you retain an attorney who understands that you want either a flat fee or cap on legal fees.  I recommend seeking an attorney through the State Bar of Nevada Lawyer Referral Services.... Read More

You seem to be answering your own question regarding the safety of sending monies oversees without a neutral or escrow to hold the monies.  Secondarily, the entire act of sending monies oversees to receive monies back should adequately indicate the safety and propriety of such as a transaction.  You should have any proposed agreement reviewed by an attorney.... Read More

The Nevada Supreme Court has stated that gag order amounts to a prior restraint on speech and undermines First Amendment rights.   “Prior restraints are subject to strict scrutiny because of the peculiar dangers presented by such restraints. (citation omitted). . . .  [A] district court may enter a gag order only when: '(1) the activity restrained poses either a clear and present danger or a serious and imminent threat to a protected competing interest, (2) the order is narrowly drawn, and (3) less restrictive alternatives are not available.'" Johanson v. Dist. Ct., 124 Nev. 245, 251 (2008).... Read More

Your question is slightly confusing but I hope to be able to answer.  If the business for which the TIN (Taxpayer Identification Number) or EIN (Employer Identification Number) was assigned, you should notify the IRS of the closing of your business account.   According to the IRS, to close your business account, send the IRS a letter that includes the complete legal name of the entity, the EIN, the business address and the reason you wish to close your account. If you have a copy of the EIN Assignment Notice that was issued when your EIN was assigned, include that when you write to the IRS.... Read More

At the risk of being evasive, there are a multitude of factors which go into the form of the business entity which you might ultimately decide to incorporate, including the number of members/shareholders and managers/officers, the structure and corporate governance, the liability protections which you are seeking and management style.  You should meet with an attorney and an accountant to discuss all of these factors before incorporating your entity. ... Read More

The general answer to your question is based upon the whether a person has a likelihood of confusion of "MyCompany Inc., a NY corporation" and "MyCompany LLC, a Nevada limited liability company."  The question will look to the nature of the businesses, whether either entity has affirmatively attempted to protect its trademark/tradename through filing protections, whether the NY entity does business in NV already and whether the businesses are in direct competition and/or serving the same classes of consumers.... Read More

Your rights pursuant to the rental agreement should be set forth in the rental agreement.   Read the rental agreement to see if the charge is nonrefundable.  Document your efforts to notify the store of the cancellation as  soon as possible and of the store's efforts to mitigate any alleged damages.  Nonetheless the most straightforward mechanism to challenge the charge is with your credit card company.  If you are charged for the dress and unsuccessful in challenging the charge, you should seek to have your girlfriend cover the charge.... Read More

The answer to your question is that you should review whether or not you have any form of Agreement with your friend for the terms of the investment.  Was the money an investment or a loan?  Did you obtain any equity in the business?   You should have Counsel review the terms of the transaction with the understanding that you may need to sue your friend.... Read More

While a number of employers successfully represent themselves in prevailing wage disputes, it is a complex area of the law.  Furthermore to the extent that any matter might proceed to Court, EDCR 7.42(b) prohibits corporations from representing themselves (without an attorney) in Court.... Read More

The non-circumvent clause to which you refer is common.  If you terminate the Agreement, you will trigger the two year cooling off period.  Your options are to (1) renegotiate with the Online Ticket Retailer and/or buy them out of the non-circumvent; (2) challenge the validity and legality of the Agreement.... Read More

The most obvious answers are licensing and liability protections for your products.  Hookahs are not (per se) illegal to manufacture and possess, although you appear aware of the potential that such products might be used in illicit or illegal activities.  So long as your business is properly licensed, is adequately capitalized and properly structures, you should encounter few legal issues.... Read More

The most basic and fundamental protections are trademark and copyright protections.  There are state trademark protections (see Title 52 of the Nevada Revised Statutes).  However the most effective trademark protections (especially in light of your publication in social media) are Federal in nature.  You should speak with a trademark attorney regarding the protectability of your designs. ... Read More

Any time an administrative agency is arbitrarily and capriciously refusing to license an individual or failing to provide due process, you are entitled to certain protections under Nevada law.  As you probably know, massage therapists are licensed under Chapter 640C of the Nevada Revised Statutes and Chapter 640C of the Nevada Administrative Code.  There are strict time limits for objecting to discipline which you should strictly follow.... Read More

You should sue this person for the damages you suffered due to his breach of contract, which could e measured by the amount you paid him (the easiest to prove) or by the profits you lost due to his breach (but it will be very difficult for you to prove that you would have sold the shirts at a certain price and made a certain profit if he hadn't breached, unless you have a long history of having sold those same products under the same market conditions).  You may be able to sue in small claims court.  You should go to the court, where a clerk will be able to guide you on the particular procedures you must follow.... Read More

If the former owner made material misrepresentations to you regarding the track record of the business, its foundation and business model, you may have grounds for suit to recover your money from the seller.  There are really two different claims with two different quantum of damages which litigants pursue in your circumstances: breach of contract and misrepresentation.  You should consult with counsel to review the specific terms of the Agreement and representations which were made to you in soliciting for this business venture.... Read More

Your question implicates a couple of topics.  While use of relatives is usually not illegal, the use of a relative for auditing does raise questions regarding the qualifications of the relative to perform the accounting for the Association.  NRS 116.31142 states that the CIC shall adopt regulations prescribing the requirements for the preparation and presentation of financial statements of an association, including qualifications necessary for a person to prepare and present financial statements of an association and standards and format to be followed in preparing and presenting financial statements of an association. NAC 116.457 and NAC 116.461 sets forth a variety of requirements for auditing and certified review of the HOA financial records.  The Code provisions also require that an Auditor retained by the Association and performing the annual audit/financial review for an association must: (a) be a certified public accountant licensed pursuant to chapter 628 of NRS; and (b) be independent of the association as set forth in Section 100, “Independence, Integrity, and Objectivity,” of the American Institute of Certified Public Accountants Code of Professional Conduct.... Read More