Las Vegas Business And Real Estate Blog

Overview of tortious interference in business relationships

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Thursday, July 18, 2019.

In an ever-moving and ever-changing business world, it can be hard for a Las Vegas entity to establish itself and demonstrate the unique services or goods that it has to offer. In order to do better than one's competitors, a party may need to weather storms that crush others and develop innovative plans to pull away from the rest of the pack. It can also mean seizing on opportunities before others have a chance to do so.

While business owners must work hard to keep their companies relevant and thriving, they may not break the law in order to get ahead. When individuals wrongfully tamper with the relationships, contracts and other ties that bind businesses to their vendors, partners and customers, they may commit tortious interference in the business context.

Overview of the probate process

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, July 11, 2019.

Some legal terms can leave Nevada residents scratching their heads. One such term is probate. While it is oftentimes fairly easy for most people to associate this legal term with estate planning and the distribution of a person's assets upon death, some people can benefit from a brief overview of probate and how the process can devolve into complex litigation at times.

For starters, the probate process is the legal process by which a deceased person's assets and debts are accounted for and inventoried, and then debts are paid off and the remaining assets are distributed, usually to designated heirs. If the deceased person did not have an estate plan of any kind, state law will determine who will inherit the assets in the person's estate. But, if the deceased person had a will or other estate planning tools in place upon death, assets will be distributed according to that plan.

What do businesses need to know about products liability law?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Friday, July 5, 2019.

There are quite a few businesses in Nevada that produce goods for sale. Once these goods enter the stream of commerce, they could end up anywhere, and if there is any potential for the item to be dangerous or cause an injury, companies in Nevada should be aware of products liability law.

What do business leaders need to know about products liability law? Well, for starters, this is a somewhat "niche" area, in that there are several layers that go beyond the basics of many other types of personal injury law. The focus of products liability law is primarily on the item in question, which a plaintiff will argue caused the injury in question. In short, the allegations will likely state that the item had a "defect" or that there was a failure to warn about a potential danger when using the product.

Obtaining water rights is not always simple

On behalf of Law Offices of P. Sterling Kerr, P.C. on Monday, July 1, 2019.

While water is a precious commodity anywhere, it is understandable that the use of water comes under careful regulation in a desert state like Nevada. For land owners, water rights in Nevada are unlike those in any other state.

If you purchase a piece of land in this state, whether for your personal use or for the development of commercial interests, you do not automatically gain the right to use any water that may pass through the land or water sources beneath the surface. Instead, you must apply for the right to use that water. You also have the right to dispute when someone else uses your water source without a permit or if the State Engineer denies your application for water rights.

When does a person have 'standing' to pursue probate litigation?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, June 27, 2019.

When a person in Nevada believes that a problem exists with their loved one's will, they may believe the terms of the will should not be honored. Thus, they may want to contest the will. However, not just anyone can pursue probate litigation; a person must have standing to do so. So, it is important to understand who has standing to challenge a will.

In general, when it comes to wills, a person has standing if they would be personally and financially affected by it if it were to be followed. For example, disinherited heirs-at-law may have standing when it comes to probate litigation. An heir-at-law is someone who would have received a portion of the deceased's estate if there was no will and heirs would be determined through state laws of intestacy. However, for an heir-at-law to succeed in challenging a will, it needs to be shown that the decedent didn't intentionally disinherit the heir-at-law or that the will was invalid in some other way.

Nevada data breach laws could impact businesses

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Law on Thursday, June 20, 2019.

As a previous post on this blog has discussed, businesses in Las Vegas and throughout Nevada have certain obligations to protect the data of their customers. This is especially true when the data includes financial information or particularly sensitive personal information, like a Social Security number.

While this obligation applies to all data, these days, much of this information is stored electronically. There are laws in Nevada that require any business in this state to use what the law calls reasonable electronic security standards.

Tech firm Citrix faces lawsuit after security breach

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Law on Thursday, June 13, 2019.

The personal data of employees and customers is becoming an increasingly valuable commodity. In this digital age, hackers from other businesses and even foreign governments can try to access this data and then use it for their own purposes. Often, these purposes are criminal, nefarious or, at best, not in the best interest of the victim whose data is misappropriated.

Businesses have an obligation to protect the private information of those individuals with whom they deal, including their own employees. If they fail to do so, then the business can face litigation as well as an enforcement action at the hands of state or federal regulators.

Due diligence and real estate investing in Nevada

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, June 6, 2019.

Not all buyers of real estate are in it to find a new home or find a location for a business. Some are in it for investing purposes. Over the last decade or so most people have probably seen television shows about "flippers," people who buy old houses and buildings to renovate them and put them back on the market to try to turn a profit. Real estate can be a lucrative area for investment, but there are always legal concerns in any real estate transaction, no matter the motive for the purchase.

A recent article noted that there are pitfalls that real estate investors need to avoid if they are going to maximize their investments. One of the biggest pitfalls to avoid is failing to do "due diligence" before the real estate transaction is completed. The term due diligence can encompass a variety of tasks, depending on the real estate in question, but, in general, this task is primarily focused on attempting to ensure that there are no unseen issues or problems with the real estate, which could significantly impact the investor's ability to make a profit.

Employee contracts are a smart move for Nevada businesses

On behalf of Law Offices of P. Sterling Kerr, P.C. on Monday, June 3, 2019.

As a business owner, you understand how important it is to have good relationships with your employees. Despite your best efforts, however, you may experience times when employees are disgruntled, sometimes leading to legal disputes. These can be stressful and costly, and it's smart to work to avoid them any way you can.

One way you can avoid litigation is to have strong and thoughtful employee contracts. These agreements can specifically outline the role and expectations of both employees and employers, which can reduce confusion and leave less room for misinterpretation. These contracts can also be quite useful in the event that you do find yourself in a legal dispute with a person who works for you.

The financial impact of a real estate dispute

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, May 30, 2019.

Most people in Nevada who are involved in any type of real estate transaction usually hope that it goes smoothly. Unfortunately, the reality is that any time real estate changes hands, there is the potential for something to go wrong. Different factual scenarios in any given case can lead to disputes that may leave the parties facing off in a courtroom. The financial impact of such a situation can leave both parties worse off.

What can be done to help avoid such a situation? Well, for starters, Nevada residents can do their best to understand the legal aspects of the real estate transaction they are a party to. At our law firm, we work with our clients to help make sure they understand potential problems that could arise and try to head-off those problems or help our clients unravel a real estate law dispute if it is already a full-blown issue between the parties involved.