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Las Vegas Litigation Law Blog

Shareholders' agreements among most important corporate documents

Nevada business owners and those who are considering starting a business sometimes have questions about corporate formation documents and their relevance. The most important corporate document in most states is the articles of incorporation. In Nevada, the filing of the articles of incorporation with the Secretary of State is the action that brings the corporate entity into existence. Typically, following the filing of the articles of incorporation, the shareholders or board of directors meet to adopt bylaws, appoint officers and issue stock certificates.

Corporate bylaws set forth the rules and guidelines by which the corporation will operate. They will typically include provisions stating where and when shareholders' meetings will take place, the process for calling a meeting, the quorum and voting requirements and how notice for special shareholders' meetings will be given. Corporate bylaws might include anything required for the operation of the corporation, but they cannot conflict with the articles of incorporation or violate state law.

How new tech may reduce distracted driving

Smartphones provide myriad distractions for drivers in Nevada, but advances in technology may help people to fight these temptations. For example, a group of Colorado-based technology entrepreneurs has created a special device that can connect the smartphone to the cloud after being plugged in underneath the steering wheel. This device, named Groove, lets the phone provider know that the user is driving; blocks incoming texts, social networking updates and emails; and prevents the driver from sending messages or posting on social media.

Those who text the phone will receive a notification that the recipient is driving. All messages and updates appear after the car is turned off. Groove does allow for music streaming and navigation since these are considered safe. However, parents could customize the device so that their teens are prevented from using these features.

Lawsuit against Skechers by Adidas is settled

Nevada residents who have been following Adidas's lawsuit against Skechers USA might be interested in learning that it has come to a conclusion. The lawsuit was a trademark infringement case filed by Adidas against Skechers.

Adidas filed the lawsuit in September 2015, alleging that Skechers had infringed on several different Adidas trademarks, including the company's signature three-stripe design on its shoes and other products. Adidas also alleged that Skechers had copied the Stan Smith shoe. In February 2016, the court issued a preliminary injunction against Skechers, banning it from selling two discontinued designs and using the name Super Nova for a third product.

The proper way to react to a car crash

Those who are in a car accident in Nevada or anywhere else should stop and assess the damage incurred. While it may be necessary to move a vehicle, that should not occur until the police arrive. An exception could be made in the event that a vehicle is blocking traffic. After calling the police, it is a good idea to spend time getting as much information about the accident as possible.

Key information includes the name, address and phone number of all the other drivers involved. Individuals should also note the make and model of the vehicles involved as well as their license plate numbers. After getting that information, it is now time to contact the insurance company. If necessary, a police officer can speak with a representative of the insurance company at the scene of the crash.

How drowsy driving resembles drunk driving

Some Nevada motorists may be surprised to hear this, but 60 percent of adults in the U.S. have admitted to driving drowsy at least once. Furthermore, a third claim that they have even fallen asleep while behind the wheel. What many people don't know is that drowsiness has a similar effect on the body to that of alcoholic intoxication.

Both sleepy and drunk drivers have a hard time paying attention to the road. These motorists will naturally react slower to obstacles and other dangers. Drivers who have been awake for 18 consecutive hours will begin to act like drivers with a blood-alcohol content of .05 percent. The difference becomes greater after 24 straight hours of wakefulness; these drivers begin to perform like those with a BAC of .10 percent.

Future looks bright for worker co-ops

Baby boomers own approximately 12 million businesses in the U.S., plenty of which are small companies that help prop up local communities. Many of these small businesses need to prepare for their inevitable fates thanks to the fact that baby boomers are on the cusp of retiring. Lots of Nevada businesses will either have to change hands or close down.

Interestingly, business owners have been exploring a new model for passing ownership of the fruits of their labor -- employee-owned cooperatives. Put simply, this model allows an entrepreneur to pass on their company to their employees directly. This helps maintain stability and entice the workers to do their best to grow the company. According to one pro co-op nonprofit, these types of businesses often see a boost in profits and employee wages.

Gene variant in TBI patients may cause psychiatric disorders

Traumatic brain injuries have been known to increase the risk for psychiatric disorders like PTSD, anxiety and depression. For example, the Minneapolis VA Center for Chronic Disease Outcomes Research found that out of the 13,000 veterans it analyzed, 80 percent who incurred a TBI were also diagnosed with a psychiatric disorder. TBI patients in Nevada should know that a new study has discovered a gene variant that can worsen those conditions.

The study was conducted by the Veterans Affairs San Diego Healthcare System and published online in the Journal of Neurotrauma. Researchers found that Apolipoprotein E, a protein responsible for the growth and repair of neurons, can create more severe psychiatric distress when found in the APOE4 gene variant. After testing the DNA of 133 Iraq/Afghanistan veterans, they found that 79 had mild or moderate TBI. Among the 79, those with the APOE4 gene were found to have higher symptom scores for PTSD, anxiety and depression.

Fatal pedestrian accidents on the rise

Many people in Las Vegas like to get around by walking. However, the threat of injuries or fatalities due to pedestrian accidents has made crossing the street more dangerous. Indeed, thousands of people across the country lose their lives each year while walking along the roadways. Both walkers and drivers can be prone to distraction, a situation that can have devastating consequences. In 2017 alone, nearly 6,000 pedestrians lost their lives due to car accidents.

This statistic is part of a recent increase in pedestrian accidents, something that some safety experts attribute to the rise of smartphones as well as the widespread use and legalization of marijuana. While some speculate that there is an increase in drivers under the influence of cannabis, many people who would not drive after using marijuana may be willing to take a walk outside. In addition, distracting smartphone use is a major concern, especially among drivers. While drivers have the responsibility to avoid crashes, however, pedestrians can also help to protect themselves.

About NDAs

Nevada residents who use a non-disclosure agreement, or an NDA, may be using the legal document for their business dealings in the wrong way. There should be careful consideration given to whether an NDA is necessary, and if it is, whether the NDA that is needed should be a two-way NDA.

As a legal agreement, an NDA requires that the parties involved adhere to their obligations as specified in the agreement. While NDAs generally do not have disclaimers regarding consequential damage, breaches of confidentiality are addressed in the consequential damage disclaimers that are a part of the operative document to which the parties may agree. As a result, any party that is in breach of an NDA may be financially liable for damages.

SUVs could be responsible for pedestrian death increase

According to the National Highway Traffic Safety Administration (NHTSA), there has been a 46 percent increase in pedestrian deaths since 2009. Between 2009 and 2016, there has been an 81 percent rise in pedestrian deaths caused by SUVs according to the Insurance Institute for Highway Safety (IIHS). Those who are at the most risk for being killed in a collision with an SUV are in warmer climates and in cities where individuals have lower incomes.

This is because they are the areas in which more people are likely to be in the street. SUVs tend to be more dangerous to pedestrians because they are larger and heavier than other vehicles. In Detroit, a quarter of people who were killed in motor vehicle accidents in 2017 were pedestrians. This is because there are few crosswalks and it can be hard to see in certain areas of the city.

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