Cory Reade Dows and Shafer

04/28/2025

The Nevada Supreme Court has ruled in Virgin Valley Water Dist. v. Paradise Canyon, LLC, 141 Nev. Adv. Op. 19 (April 25, 2025) that, while Nevada does include a covenant of good faith and fair dealing into contracts, this covenant "may not be used to supply additional terms to the lease or to fault conduct exercised under an authority expressly provided by the lease absent conduct that intentionally interferes with the intent and spirit of the lease."

02/18/2025

A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.

11/20/2023

The Nevada Supreme Court has recently expanded the scope of arbitration in Nevada had held that, under circumstances where a non-signatory to a contract seeking to compel arbitration demonstrates both the right to enforce the contract and that compelling another non-signatory to arbitration is warranted under standard principles of contract law or estoppel, compelling arbitration is appropriate. Ruag Ammotec GMBH v. Archo Fi****ms.

"Where a nonsignatory to a contract containing an arbitration provision moves to compel another nonsignatory to arbitrate,
the nonsignatory seeking to compel arbitration must demonstrate the right to enforce the arbitration agreement and show, in law or equity, that compelling the other nonsignatory to arbitration is warranted."

11/20/2023

Nevada has cracked down on non-competition agreements in recent years. In 2017 Nevada enacted NRS 613.195 which provides that a noncompetition agreement is void and unenforceable unless it meets the following requirements: (1) it must be supported by valuable consideration; (2) does not impose restraints that are greater than are required to protect the employer; (3) does not impose an undue hardship on the employee; and (4) imposes restrictions that are appropriate in relation to the consideration supporting the non-compete.

Employers are also prohibited from preventing former employees from providing services to their former clients if the (1) employee did not solicit the former client, (2) the client voluntarily chooses to take their business elsewhere and (3) the former employee other complies with the noncompetition covenant.

Nevada’s law allows for a court to “blue-pencil” or revise a non-competition clause or agreement to make time, geographical area, or scope of activity restrictions reasonable.

07/06/2023

The Nevada Supreme Court gave guidance on Series LLCs in a decision released July 6th, 2023. The Court stated that a series LLC that has complied with all corporate formalities must be sued in its own name (and not the name of the master LLC) in order for the Court to obtain jurisdiction over it. The Court held that each series is a legally separate entity which is to be separately sued.

05/26/2023

A valid general power of attorney pursuant to NRS 162A.220 must be signed by the principal or, in the principal’s conscious presence, by another individual directed by the principal to sign the principal’s name on the power of attorney. It does not have to be notarized or witnessed; however if there is a dispute about the signature, a signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. The standard for health care powers of attorneys is different.

05/16/2023

Nevada has a statute which specifically deals with the unauthorized use of your likeness in a commercial setting.

NRS 597.810 Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.
1. Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is subject to:
(a) Injunctive relief to prevent or restrain the unauthorized use; and
(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:
(1) Actual damages, but not less than $750; and
(2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by NRS 597.790.
2. No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person’s name, voice, signature, photograph or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use.
(Added to NRS by 1989, 1609)

11/11/2021

On November 10th, 2021, the Nevada Supreme Court altered the landscape on the admissibility of insurance information and offers of judgment. In Capriati Construction v. Yahyavi, the Nevada Supreme Court clarified that evidence of a defendant's liability insurance is admissible under NRS 48.135(2) if the defendant first introduces evidence suggesting its inability to pay a judgment. Second and more importantly the Court clarified that a plaintiff represented on a contingency-fee basis may recover the entirety of the contingency fee as "post-offer attorney fees" under NRCP 68.

09/17/2021

Many people ask us about the validity of a "home title lock" service. The Clark County Recorder allows you to do something similar for free on any parcel.

For RNS assistance, please contact the Clark County Recorder's Office at (702) 455-2844 or email at [email protected].

09/17/2021

Many people do not know what to do about deeds of trust that are stale but continue to clog title. Nevada has an "ancient lien" statute that provides that a lien created of any mortgage or deed of trust upon any real property not otherwise satisfied and discharged of record, shall at the expiration of 10 years after the debt becomes wholly due or terminates shall be conclusively presumed that the debt has been regularly satisfied and the lien discharged. NRS 106.240

08/03/2021

The Centers for Disease Control and Prevention on Tuesday issued a new moratorium on evictions that would last until October 3, 2021. The new moratorium could help keep millions in their homes as the coronavirus’ delta variant has spread and states have been slow to release federal rental aid. It would temporarily halt evictions in counties with “substantial and high levels” of virus transmissions and would cover areas where 90% of the U.S. population lives.

07/29/2021

President Joe Biden made an urgent plea Thursday for Congress to extend a nationwide moratorium on evictions As this impacts real estate in the State of Nevada, our firm stands ready to assist landlords and tenants with their real estate needs.