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Las Vegas Litigation Law Blog

The basics of a confidentiality agreement

Employers in Nevada who do not want employees to share certain information with others should consider making them sign a confidentiality agreement. It will be worded differently for each situation, but this agreement basically lays out conditions that employees must comply with as a part of their employment.

According to Forbes, there are a number of reasons why a confidentiality agreement, also known as a non-disclosure agreement, may be used. These include:

  • Allowing confidential information to be shared with employees
  • Sharing an invention idea with a prospective investor or partner
  • Using services from an individual or company who may come across sensitive information as a result of these services
  • Informing a potential buyer of certain marketing and financial data of the business
  • Sharing a new technology with a potential licensee or buyer

Health care facilities and slip-and-fall accidents

From icy sidewalks that are left unattended to slick grocery store floors, slip-and-fall accidents happen in a plethora of ways. For patients in health care facilities, as well as health care workers, wet floors and other hazards are especially concerning. Unfortunately, some patients have sustained serious injuries and, in some cases, have even lost their lives after falling down due to a hazard in a health care facility that was not addressed properly. For health care workers and patients alike, recognizing and preventing these accidents is pivotal.

The Centers for Disease Control and Prevention draws attention to some of the different reasons why people fall down in health care facilities. For example, a floor that is uneven or damaged can present a threat. Furthermore, contaminants such as oil, food, water, or grease can result in a slippery surface. There are other factors that can contribute to a slip-and-fall accident, such as insufficient lighting, debris scattered across the floor, and cords that are loose, to name a few.

Subtle warning signs of nursing home abuse

Many people with loved ones in Nevada nursing homes know that unexplained bruises, bedsores or other visible wounds could be a sign of abuse or neglect. According to U.S. News & World Report, there are plenty of other signals that staff is not providing the care that residents need

When one employee is expected to do the job of several, it can create significant stress and lead to depression and burnout. When that worker is dealing with dementia patients or other residents who may have difficulties with self-care, stress, depression and burnout could lead to abuse. There could be potentially dangerous staffing issues if the following are true:

  • Chaotic atmosphere
  • Irritable or angry employees
  • High turnover

Breach of contract lawsuit filed against Nevada company

With every contract a Nevada business signs, it is putting its reputation and its financial stability on the line. A failure to perform any portion of the agreement could be construed as a breach of contract, and litigation over such a claim could be costly. Companies must ensure that the language of the agreement identifies roles and duties, as well as other factors such as delays, so that there is no question that all their responsibilities have been fulfilled to the letter.

In San Francisco County, a Nevada company is being sued by a construction company in California due to alleged breach of contract. The plaintiff claims that work outlined in the contract for a construction project involving a high school was not performed according to the terms. This included improper design of the project, as well as failure in the development and manufacture of the company's portion of the job.

The role of the Nevada Supreme Court

Each state has its own court system that operates according to state laws as well as federal, and within certain limits, these may be unique. Nevada is no different in imposing its own rules and regulations, particularly when it comes to appeals. In fact, according to the Las Vegas Sun, the Nevada Court of Appeals uses a model similar to only three other states.

In the recent past, there was no appellate court, and all appeals went directly to the state’s supreme court. However, the ever-increasing number of cases created a backlog that slowed the system down. Still, rather than appealing a decision directly to the appellate court, each case continues to be reviewed by the Nevada Supreme Court, and then deflected to the lower court. Most other state systems, and the federal appellate courts as well, require the case to first go to the court of appeals, with the supreme courts only becoming involved at the end of the process.

Why consider the ICDR’s international dispute resolution clause?

You may be aware of many of the Nevada and United States laws regarding business contracts. However, when you and a foreign company draft a business contract, the potential for issues arising from the other legal system could be problematic. According to the International Centre for Dispute Resolution, to prevent a dispute from landing you in court in another country, you should consider the benefits of an arbitration clause.

The ICDR follows dispute resolution rules that are accepted worldwide, and are very similar to those of the American Arbitration Association, of which it is a division. Thus, you can include an alternative dispute resolution clause in your contract that requires disputes to go through the process as defined by these international arbitration rules without having to more fully describe what will happen in the event of a conflict. Details include the following:

  •          Jurisdiction
  •          Appointment of arbitrators
  •          Notice requirements
  •          Location where arbitration will take place
  •          Costs
  •          Proceedings if one party does not participate

Handling a slip-and-fall accident

Slip-and-fall accidents occur in various ways, from wet floors in grocery stores to sidewalks outside of a business that are covered in ice and left unattended. If you have hurt yourself after falling down because of a business owner's carelessness, you may be going through different challenges. At the Aldrich Law Firm, we know how physically, mentally, and financially troubling these accidents can be. As a result, it is crucial for you to go over your options at once.

After falling down on a slippery surface, you may have a broken bone or another injury that can make your life challenging. Perhaps you are unable to perform responsibilities around the home or are forced to take time off work due to your injury. Moreover, the physical pain and interruption of life can also create emotional problems. To make things even worse, you may be struggling with lost wages or hospital bills because of the accident.

Working through the appeal process

For many people, disputes and legal issues in the courtroom can generate anxiety. Unfortunately, people do not always secure an outcome in their favor, some of whom may believe that a decision was unjust. If you are going through this on a personal level, the Aldrich Law Firm knows how pivotal it is for you to understand your rights and the most sensible direction forward. In Las Vegas, and in cities across the entire state of Nevada, people have been able to reverse unfair and unfavorable court decisions by working through the appeal process properly.

If you are struggling with a recent judgment that you disagree with, or believe you could turn around, it is essential to take steps to appeal the decision as soon as possible. Whether your case involved litigation which followed a traffic collision or a dispute you had with your landlord, handling these matters in a timely matter is very important. Next, it is vital to ensure that you are familiar with the unique details of the case and do everything in your power to increase the chances of an end result that is more favorable.

Personal injury cases in the civil justice system

If someone else was being careless or failed to do what they were supposed to in Nevada, and as a result, you were injured, it probably seems fair that he or she should take care of your damages. At the Aldrich Law Firm, Ltd., we have advised many people on the intricacies of the tort system and whether or not they may have a personal injury case.

There are certain aspects of the situation that the civil justice system seeks to remedy, according to the American Association for Justice, and they come with specific actions. These are to hold the person responsible for your injury accountable, to repair the harm you suffered and to prevent similar injuries from occurring in the future.

Sweat equity: When partner contributions are hard to quantify

When two business partners in Nevada are facing a parting of ways, getting out of the agreement without losing everything may be challenging. A detailed partnership agreement should include a good exit strategy, the Huffington Post notes, and this could make the difference between business litigation and a successful split. One of the factors that will affect how much each partner is entitled to may be the contributions each made to the company, and this does not necessarily mean how much capital each invested.

According to Chron.com, many people choose to invest non-financial labor contributions into the company in exchange for stock, and this is known as sweat equity. While the work that a person puts into the company may be just as necessary as capital, the value of the contributions may be more difficult to document if the duties were not described in a written partnership agreement.

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