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Las Vegas Litigation Law Blog

Changing business structures to adapt to the new tax bill

Citizens of Nevada may be aware that Congress passed a new tax reform bill that is supposed to take effect at the beginning of 2018. This bill brings with it change to the business world and is expected to disrupt finances, especially when it comes to business planning.

The biggest reason this bill is expected to upset current business practices is its reduction of the maximum corporate tax from 35 percent to 21 percent. This whopping reduction in taxes owed to the government is made with big corporations in mind, such as C corporations, rather than pass-through entities, such as LLCs and S corporations. The new bill does offer some tax relief to the pass-through entities; however, the benefits are more pronounced for C corporations. As a result, the natural question facing several small companies is whether they should change their business structure into a C corporation.

Innovative system uses eye tracking to detect brain injuries

The vision tests typically performed by optometrists in Nevada do more than just check an individual's sight. Often, results from eye tests can detect early signs of health issues, such as diabetes, certain forms of dementia, autism and concussions. The purpose of the RightEye's EyeQ system is to give eye doctors even more insights into what's going on with the brain.

Involving a PC and monitor similar to what's already used in optometrists' offices, the system uses a camera with eye-tracking technology to look for signs of a brain injury. In addition to detecting issues, the system is designed to apply therapeutic techniques to correct them. The EyeQ terminal that's part of the system is already being used in hospitals, clinics and schools. It has also been used by Major League Baseball to test athletes for signs of brain injuries.

Las Vegas woman hit, killed in parking lot

Though she lived in and loved Las Vegas, she was like so many others, a transplant from the East. The 79-year-old former New Yorker died of injuries sustained in a pedestrian accident in suburban Henderson.

She was struck in a parking lot by a U-Haul truck driven by a 22-year-old driver who was later arrested on a wide variety of charges, including possession of a controlled substance and failure to stop at the scene of a traffic accident involving injuries or death.

Business fraud that targets payroll employees

In a previous post, we discussed common types of payroll fraud occurring from inside a company. Today, we examine a new type of fraudulent activity that actually targets payroll employees. This scam has been making the rounds in recent months, and it’s important for potential victims to be on high alert.

The scam goes like this: A member of payroll or human resources receives an email from a manager or executive within the company. The email address of the sender appears to be normal—no cause for concern. The email requests that the employee send the W-2 documentation of certain employees to the sender. The unsuspecting employee complies with the request.

Which body parts are most vulnerable in a motorcycle crash?

You know you should put on your helmet and safety gear before you hit the streets of Las Vegas on your motorcycle. Once you have your gear on, you have reduced the risk of severe injury in a crash. However, based on statistics reported by RideApart.com, the data gathered do not necessarily indicate how much you have lowered your chances of an injury or fatality.

In one study, over 1 million emergency room visits were analyzed to determine the most common motorcycle-related injuries that did not result in death. Based on the results, you are most likely to suffer a non-fatal leg or foot injury. These were the cause of 30 percent of the ER visits. Head and neck injuries were responsible for 22 percent. Unfortunately, the study did not gather information about the safety gear that riders wore, or even how severe those injuries were--only that they were serious enough for medical attention, but did not cause death. Another study indicated that the lower leg bones were the most likely to be broken in a crash.

When an appeal goes through the settlement conference program

A person who is unhappy with the decision of a trial court in Nevada may decide to appeal. However, that does not necessarily mean that the case will end up before the appellate court or Supreme Court. According to the Nevada Rules of Appellate Procedure, a settlement conference program administrator will review the case, and may decide that it should be redirected to that program rather than proceeding in the appellate court.

This program, which involves mediation, is reserved for cases where everyone involved is represented by attorneys, and attendance is mandatory. A settlement judge will serve as the mediator, and will accept and review the statement submitted by each party. This must include:

  • All relevant facts
  • Issues that are being appealed
  • Support and weak points of the argument
  • Settlement proposal
  • Any other matters that may be relevant

What is double check fraud?

When you hear the term "double check" fraud, you may think it sounds like something that is examined twice. In fact, if you do have two accountants checking the books for your Nevada company, it may be very difficult for either of them to get away with this type of fraud. Forbes magazine explains that it involves writing two checks for a single expense

Typically, your accountant enters expenses into your system along with codes to identify them. He or she may easily write the check for the office's supplies, and then write a second one using the same code, but make that check out to him- or herself. Even if these amounts are small, you could potentially lose hundreds or even thousands of dollars a month, depending on the size of your company, the expenses and how greedy your thieving employee is.

Types of payroll fraud

You hire people to work in your Nevada business who you believe are the best for the job. However, even the person with the most skill may be the wrong one, and an untrustworthy employee can cost you. At the Aldrich Law Firm, Ltd., our attorneys have experience protecting companies against a variety of payroll fraud practices.

There are a number of ways an employee could cheat your payroll system. According to AccountingTools.com, sometimes, payroll fraud is straightforward theft of another's check. Keeping these in a locked safe and requiring identification to claim them may be the simplest solution.

Using mediation for intellectual property disputes

People facing intellectual property disputes in Nevada may find that mediation is a better method than litigation. The subject matter surrounding IP cases can be technical and challenging to fight, and alternative dispute methods are commonly recommended for both parties.

The American Journal of Mediation discusses a number of reasons why litigation is not the best route for those with IP issues, and a big one is money. Depending on the situation, litigation costs for IP disputes can cost hundreds of thousands of dollars. Some of the justifications for these charges include a burdensome discovery process, the production of evidence and expert witnesses to give clarity to the matter.

Who is liable for the Vegas shootings?

People in Nevada and all over the country are still mourning the loss of lives from the mass shooting at the Mandalay Bay in October. As the shock begins to wear off, people are looking for answers and want somebody to be held accountable. Arguments on whether the hotel will be held liable are being tossed around, and opinions differ.

According to FindLaw, tragedy seems to attract lawsuits and there are many possible targets including the city, the designer of the hotel, concert organizers or management of Mandalay Bay. The biggest argument seems to be the hotel was negligent in regard to protecting the victims and in its response to the attack. In order for negligence to be proven a number of things would need to be established. The plaintiff would have to show: 

  • Duty of the hotel to provide protection against a mass shooting for concertgoers
  • Breach of that duty
  • The victims' injuries were a result of this breach as opposed to an interfering act 

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