Publications

EMPLOYMENT LAW UPDATE

The key issue before the court is: What does the word "provide" mean? Does it mean employers are required to merely make meal and rest periods available? Or does it mean employers must make sure that employees take them?

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YOU WIN OR LOSE BEFORE YOU TEE OFF: THE IMPORTANCE OF CONSTRUCTION CONTRACT REVIEW AND NEGOTIATION

A lot of the time, whether you win or lose on a construction project or job depends on what you do before you start work. Are there hidden risks that you did not consider because you just wanted to get the work?

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SUBCONTRACTOR LICENSING - RECOVERY ALLOWED WHERE SUBCONTRACTOR HELD CLASS A GENERAL ENGINEERING LICENSE RATHER THAN CLASS C SPECIALTY LICENSE REQUIRED BY CONTRACT

California law provides a stiff penalty for unlicensed contractors. They may not sue to recover payment.

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DEATH DURING DIVORCE

If a party's death occurs after their marital status is dissolved, then the family court maintains jurisdiction over the assets, and the decedent's personal representative steps into the shoes of the decedent (figuratively speaking), and continues to process the property division.

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PROFESSIONAL EXEMPTION: LAW SCHOOL GRADUATES PERFORMING LEGAL SERVICES ARE NOT ENTITLED TO OVERTIME

This is an important case that further defines the professional exemption for those engaged in a learned profession.

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DO WATTS HAVE ANYTHING TO DO WITH LIGHTBULBS?

In a proceeding for the dissolution of marriage or legal separation, there is an opportunity for reimbursement to the community when one of the parties has the sole and exclusive use of an asset while the matter is pending and until a division of the asset is finalized.

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MODIFIED COMPARATIVE NEGLIGENCE IN NEVADA

Nevada follows a variation of the Modified Comparative Negligence Theory, which is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.

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