The Nevada Rules of Civil Procedure underwent extensive changes that went into effect March 1, 2019, including NRCP 68 regarding Offers of Judgment (“OOJ”). Some of these changes are significant, and counsel and parties must be aware of them in evaluating OOJs moving forward. First, the deadline to serve an offer was modified and now Read More…
I Won My Case: Can I Recover Mediation Costs?
Clients often ask about the recoverability of fees and costs if they are successful in litigating or arbitrating a claim against a third party. As for attorney’s fees, California follows the “American Rule,” which provides that each side bears its own attorney’s fees, even if you win at trial. The general exceptions to this are Read More…
Section 998 Offers In Post “Me Too” Employment Litigation
In response to the “Me Too” movement, originally a viral social media campaign to raise awareness of sexual harassment and sexual assault (particularly in the workplace), new California laws provide plaintiffs in FEHA claims fewer hurdles to recover damages. In particular, Government Code section 12965(b) could drastically change employment defense strategy with regard to Code Read More…
Mediation Privilege: Bettering Best Practices
California’s mediation privilege, codified in Evidence Code section 1119, provides that statements made and writings prepared for the purpose of, in the course of, or pursuant to mediation are generally inadmissible and not discoverable. This privilege also extends to settlement discussions occurring “in the course of a mediation.” Such limitations impact the client’s ability to Read More…
Enforcement Of Non-Competition Agreements Through Injunctive Relief In Nevada
In the recent case of Shores v. Global Experience Specialists, Inc. (134 Nev. Adv. Op. 61), the Supreme Court of Nevada determined that the trial court improperly granted a preliminary injunction to enforce a non-compete agreement that was arguably unreasonable as to its geographic scope. Employee Landon Shores worked as a sales associate for Global Read More…
Nevada Adopts Common Interest Rule As Exception To Waiver Of Work-Product Privilege
In Cotter v. Eighth Judicial Dist. Court of Nev., 416 P.3d 228, the Nevada Supreme Court addressed whether a party waives the work-product privilege if work product is provided to a third-party. The Court’s examination of the facts in the case led to the adoption of the Common Interest Rule allowing attorneys to share their work Read More…
Factors To Consider In Defendant’s Deposition Location
It has been a long-standing general principle in Nevada that the party wishing to take a defendant’s deposition must travel to where the defendant is located–until now. In Okada v. Eighth Judicial Dist. Court, the Nevada Supreme Court did away with this general principle and instead provided five-factors that must be considered when a party Read More…
LGC Partner Tom Lincoln To Host Webinar
LGC Partner Tom Lincoln will be hosting a webinar on Using Trial Objections. Mr. Lincoln is a member of the prestigious American Board of Trial Advocates (ABOTA) and has tried numerous jury trials throughout California and Nevada. His presentation will focus on the most important trial objections, how to use trial objections most effectively, and Read More…
Nevada Appellate Case Addresses Prevailing Party Recovery Of Expert Costs
Once of the most expensive components of litigation is expert costs. In Nevada, pursuant to NRS 18.020, a prevailing party may be able to recover costs “in an action for the recovery of money or damages, where the plaintiff seeks to recover more than $2,500.” While “costs” include expert fees, a prevailing party is limited Read More…
Appellate Court Clarifies Obligation Of Corporations To Make Out-Of-State Records Available For Inspection By Shareholders
The California Corporations Code includes several provisions related to the creation, storage, and inspection of corporate records. For example, Corporations Code section 1601 states that corporations must make certain records, such as accounting books and minutes from board and committee meetings, available to shareholders upon written demand, subject to certain limitations. In a recent decision Read More…
