Las Vegas Business And Real Estate Blog

Is your noncompete agreement really enforceable?

On behalf of Law Offices of P. Sterling Kerr, P.C. on Friday, September 27, 2019.

As a Nevada business owner, you understand there is nothing more important than securing and protecting the interests of your company. One way that you can do this is by outlining and clarifying the relationship you have with your employees through strong employment contracts. These agreements outline expectations and provide protection for both parties.

One important aspect of many employment contracts is a noncompete agreement. These agreements allow you to shield certain parts of your company information, such as client lists, special processes and other proprietary information, and keep it where it belongs. If you have certain information you want to keep safe and secure, it is worth considering the benefits of these types of agreements or reviewing yours to ensure they are enforceable.

What is a confidentiality agreement?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Thursday, September 26, 2019.

When a Nevada resident is asked to hold a piece of information in confidence that generally means that they are expected to keep the information a secret from third parties. Information, particularly sensitive information, can be detrimental to individuals' reputations, livelihoods and families. The same holds true for businesses, and when businesses wish to keep particular information from spreading to parties that may use it against them, they may ask those who know the information to enter into confidentiality agreements.

Confidentiality agreements are also called non-disclosure agreements. The parties to these important business agreements generally include the party with information to protect and the party who must protect the dissemination of that information to others. Confidentiality or non-disclosure agreements have several elements, one of which is the identification of the information that must be protected.

Grounds on which a will may be challenged

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, September 19, 2019.

Recently, this Henderson-based legal blog provided a post on undue influence during the creation of a will and its effect on probate litigation. When a person is threatened, coerced or otherwise manipulated into creating a will that does not reflect their testamentary intentions, others may challenge that will's legitimacy during the probate process. This post will discuss other ways that wills can be challenged by those who may benefit from them and others.

Legal support for real estate developers

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, September 12, 2019.

Real estate development can be a highly lucrative business in the state of Nevada. There are many communities in and around Henderson that are growing rapidly that developers may wish to buy into and capitalize on as the area becomes more populated and businesses seek to establish themselves in the market. However, as much as it can be profitable for some developers, real estate development can be a financial pitfall for others who are not prepared to manage the legal aspects of the process.

Developing real estate means working extensively with regulations, municipal codes and state and federal laws. It can mean creating a variety of different contracts to ensure that development work is done well and done right. It can mean securing loans, financing projects and marketing real estate products to prospective buyers before, during, and after development as begun.

What is a business merger?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Law on Thursday, September 5, 2019.

Mergers happen in many different contexts. When two Nevada residents choose to get married, they may be said to have merged their separate lives into a shared co-existence through the formalization of their relationship. Similarly, two businesses may choose to merge and become a single entity: the blend of distinct businesses into one organization is a merger.

Business mergers are not uncommon but each proposed merger should be carefully researched and understood by the parties before it is completed. To ensure that a merger is fair and well-planned, it can be helpful to the involved entities to discuss their needs and expectations with business law attorneys. This post provides information to readers about general business mergers but should not be used as legal advice.

What is undue influence in the creation of a will?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, August 29, 2019.

It is important that Nevada residents create wills and other estate planning documents so that their assets and wealth are protected and properly directed to beneficiaries at the time of their deaths. However, beyond simply having such documents in place, individuals should ensure that their estate planning tools accurately reflect their needs and intentions. From time to time, prospective beneficiaries and others may attempt to enrich themselves by pressuring others into changing their estate plans so that the influencers are given more.

When this happens, undue influence may be to blame. Undue influence occurs when a person is manipulated into benefiting an individual who denies the original person of their free will to negotiate. Undue influence may be put upon a person through coercion and duress, and it may be targeted upon individuals who are easily influenced.

What can you do about encroachment on your property?

On behalf of Law Offices of P. Sterling Kerr, P.C. on Tuesday, August 27, 2019.

As a Nevada property owner, you will want to do everything possible to protect your property rights. It is sometimes necessary to do this in situations in which your neighbor may be overstepping his or her bounds and affecting your use of your personal property. This can happen in cases involving encroachment, which is when someone puts up a structure that overlaps onto your land.

If your neighbor is encroaching on your land, you have the right to resolve the situation in a reasonable manner. Sometimes, it may be possible to do this without ever stepping foot in a courtroom or filing a lawsuit. However, if legal action is necessary, it can help to learn more about what your options for potential remedies may include.

Fiduciary duties in business relationships

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Thursday, August 22, 2019.

Individuals who hold positions of power in Nevada-based companies may have fiduciary duties to uphold. A fiduciary duty exists when a party is obliged to perform their tasks with the best interests of others in mind. For example a member of a business's executive board may have a fiduciary duty to act in the best interests of its shareholders to ensure that the business is being run in a profitable manner.

As one may expect in the realm of business litigation, allegations of breached fiduciary duties do come up and business entities may find themselves embroiled in legal disputes concerning the actions of their directors, boards or others. There are several elements that must be proven for an alleged victim to prevail on a claim of a breached fiduciary duty, and those elements include the existence of a fiduciary duty, a breach of that duty and damages suffered by the victim.

What is a quiet title action?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, August 15, 2019.

In order to understand a quiet title action, a reader of this Nevada-based legal blog must first understand what it means to hold title to a parcel of land. A title is tool through, which an individual gains legal ownership of a piece of land and attains the right to use it for their intended purposes. When property changes hands so too does the title to that property and through a title search a person may learn the parameters of their land's boundaries, who previously owned it and other important information.

While a title should be clear in its description, when it leaves out important facts, it may introduce ambiguity into just what the owner actually possesses. Questions raised by unclear or seemingly incomplete titles can lead to boundary disputes and other legal challenges concerning property owners' rights under real estate law.

Control of late singer's estate uncertain due to multiple wills

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, August 8, 2019.

A will is an important testamentary document. It provides important information to survivors and legal professionals about how a person's end-of-life estate should be distributed and where certain assets should be directed so that the decedent's intended beneficiaries receive them. In Nevada, residents may execute the own wills and add them to the comprehensive estate plans.

However, the existence of a will is not always an elucidating factor when a person passes on. A considerable amount of time has passed since singer Aretha Franklin passed away, but the control and distribution of her estate is far from established. That is because multiple wills have been found that have been attributed to Franklin.