NEWS CLIENT ALERTS

CLIENT ALERT: ONE-STEP BUSINESS LICENSING ARRIVES IN SOUTHERN NEVADA

FORECLOSURE LENDERS BEWARE: CITY OF LAS VEGAS REQUIRES REGISTRATION, MAINTENANCE OF PROPERTY IN FORECLOSURE

A LITTLE BIT OF THIS, A LITTLE BIT OF THAT: A SAMPLING OF WORKPLACE SOCIAL MEDIA PROBLEMS

THE NEVADA GAMING COMMISSION IS NOW AUTHORIZED TO GRANT PRELIMINARY FINDINGS OF SUITABILITY FOR INDIVIDUALS AND COMPANIES

CLIENT ALERT: NEW PRIVACY "BILL OF RIGHTS" INTRODUCED IN CONGRESS

Lawmakers seek to establish national data privacy standards

April 19, 2011 - The uneven patchwork of state-by-state rulemaking that has characterized privacy law in the U.S. may be about to get a major overhaul under a new bill proposed in Congress.  Dubbed the "Commercial Privacy Bill of Rights Act of 2011," the new legislation would give the Federal Trade Commission authority to establish a uniform set of privacy rules nationwide.

CLIENT ALERT -- EMPLOYERS MUST TAKE IMMEDIATE STEPS TO COMPLY WITH NEW LAW MANDATING COBRA PREMIUM SUBSIDIES

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the “ARRA”), the financial stimulus package. As discussed in this Client Alert, provisions of the ARRA have an immediate impact on COBRA health care continuation benefits for employees who were or are involuntarily terminated from their employment between September 1, 2008 and December 31, 2009.

CLIENT ALERT -- DEVELOPERS AND LENDERS NEED TO BE WARY OF THE LAPSING OF APPROVALS FOR MOTHBALLED PROJECTS

The unprecedented recent crisis in the credit and capital markets have led to the delay, cancellation or reassessment of a number of large and small development projects across Nevada. Although such projects are delayed, the clock keeps ticking on the projects’ underlying entitlements. 

CLIENT ALERT: NEW PROPERTY TAX VALUES TO BE PUBLISHED IN DECEMBER 2010

The deadline for valuation appeals is January 15, 2011

November 8, 2010 - As the end of 2010 approaches, and with 2011 just around the corner, taxation issues (including the possibility of tax increases being considered in the upcoming legislative session) are not far from anyone’s mind. This is the time – if you own real property in Nevada – to take practical steps to ensure that the tax burden you will bear is based on an accurate appraisal of your property’s “fair market value.”

CLIENT ALERT -- EMPLOYERS STILL RISK PUNITIVE DAMAGES LIABILITY FOR ACTS OF EMPLOYEES

Define your “managing agents” through your internal policies and procedures, or Nevada courts may define them for you.

CLIENT ALERT: STATE OF NEVADA TAXATION AMNESTY ENDS SEPT. 30

September 15, 2010 - The 26th Special Session of the Nevada Legislature passed Assembly Bill 6, which provides a special amnesty program that will be effective until September 30, 2010. Under the amnesty period, any interest and penalties on eligible taxes that were due and payable to the Department of Taxation prior to July 1, 2010 will be waived if the full principal amount of the tax is paid to the Department of Taxation by September 30, 2010.

CLIENT ALERT -- NEVADA TAX COMMISSION ADOPTS STANDARDS FOR DETERMINING WHEN PROPERTY TAX CAP MAY BE PARTIALLY REMOVED

On December 6, 2008, the Nevada Tax Commission adopted a new regulation clarifying important exceptions to Nevada’s property tax cap.

CLIENT ALERT -- NEW IRS FORM 990 FOR TAX-EXEMPT ORGANIZATIONS

Changes to Reporting Requirements Managers and Board Members of Nonprofit Organizations Should Be Aware of Before December 31

NEW ENCRYPTION RULE TO DEBUT OCTOBER 1, 2008

As we reported earlier this year, the Legislature’s new rule requiring encryption of certain data transmitted electronically is set to go into effect next month.

CLIENT ALERT: U.S. SUPREME COURT DISCUSSES TEXT MESSAGING IN THE WORKPLACE

June 29, 2010 - A unanimous U.S. Supreme Court ruling upheld a search of the text messages of a police officer's department-issued pager. However, the Court avoided far-reaching pronouncements because of the fast pace of evolving technology and the difficulty of the law to keep up with it.

CLIENT E-ALERT: RED FLAGS RULE DELAYED AGAIN

FTC Postpones Implementation to December 31, 2010

June 28, 2010 - The Federal Trade Commission (FTC) has again delayed enforcement of the so-called “Red Flags Rule,” which requires businesses and organizations to develop and implement programs aimed at halting identity theft.

CLIENT ALERT -- 2008-2009 PROPERTY TAX BILLS – KNOW WHAT TO LOOK FOR

During the month of July, local county treasurers throughout Nevada are mailing the new 2008-2009 property tax notices to all property owners. 

CLIENT ALERT: TWENTY-SIXTH SPECIAL SESSION CONCLUDES WITH STOP-GAP RESOLUTIONS

March 3, 2010 - In the early morning of Monday, March 1, the Nevada Legislature passed the final budget bill, which closes a budget gap of over $800 million. The bill – A.B. 6 – includes numerous provisions...

CLIENT ALERT -- EMPLOYERS BEWARE OF INCREASED PENALTIES FOR EMPLOYING UNDOCUMENTED WORKERS

CLIENT ALERT: GAMING INDUSTRY USER FEES AND EDUCATION HIGHLIGHT SESSION'S FOURTH DAY

February 27, 2010 - The State Senate heard testimony concerning the proposal to replace state general funds currently funding the State Gaming Control Board and the Nevada Gaming Commission with user fees paid directly by the gaming industry. The move would raise approximately $32.5 million in revenue for the state. 

CLIENT ALERT -- WAGE AND HOUR OVERTIME LAWSUITS: THE NEXT TSUNAMI?

A recent mega-trend in employment law nationwide has been the proliferation of suits claiming that companies have violated "wage and hour" laws…Now Nevada's leading industry appears to be a target. 

CLIENT ALERT: LEGISLATURE STARTS PROCESSING BILLS; GOVERNOR THREATENS TO VETO

February 26, 2010 - Day Three of the Nevada Legislature’s Special Session brought the passing of A.B.3, and the many details of the bill can be found on the current alert (including the numerous state agencies facing reduced budgets).  The Governor also announced that he will veto Senate Bill 2, which would entitle the State to apply for a grant from the federal Race to the Top Fund.

CLIENT ALERT - COVERED EMPLOYERS SHOULD IMMEDIATELY UPDATE THEIR FAMILY AND MEDICAL LEAVE POLICIES TO INFORM EMPLOYEES OF NEW FMLA LEAVE ENTITLEMENTS

For the first time since the enactment of the Family and Medical Leave Act (“FMLA”) in 1993, the law has been amended.

CLIENT ALERT: GOVERNOR EXPANDS SCOPE OF SPECIAL SESSION AND SETS END DATE

CLIENT ALERT: NEVADA LEGISLATURE CONVENES TO ADDRESS BUDGET

February 24, 2010 - The 26th Special Session of the Nevada Legislature began yesterday in Carson City, Nevada. Governor Jim Gibbons has proposed to fill in part of a nearly $900 million budget shortfall by calling for 10 percent general fund cuts to all state agencies as well as K-12 and higher education. More than 200 layoffs across 53 departments and agencies have been recommended by the Governor’s Office.

CLIENT ALERT - NEW PRIVACY AND DATA SECURITY REQUIREMENTS TO AFFECT NEVADA BUSINESSES: 2008 BECOMES NEVADA’S YEAR OF ENCRYPTION

CLIENT ALERT: NEVADA DOUBLES DOWN ON ENCRYPTION WITH NEW RULES AND STANDARDS

February 12, 2010 - Problems with identity theft and the protection of personal information continue to be a focus of legislation in Nevada and beyond. This year, Nevada has tightened standards for the protection of such information with new rules that apply to all Nevada businesses... 

CLIENT ALERT - NEVADA PROPERTY OWNERS MAY HAVE CAUSE TO APPEAL INCREASES IN PROPERTY TAXES MADE OUTSIDE OF THE TAX CAP

CLIENT E-ALERT: FRANCHISE PRACTICE GROUP ATTORNEYS JOIN IFA

January 18, 2010 - Lionel Sawyer & Collins, Nevada’s largest law firm, has announced that its Franchise Law practice group attorneys have joined The International Franchise Association (IFA). 

CLIENT ALERT - NEVADA TAX COMMISSION ADOPTS REGULATIONS GOVERNING ELIGIBILITY AND APPLICATION OF THE PROPERTY TAX CAP FOR REMAINDER PARCELS

Lionel Sawyer & Collins successfully completed a recent engagement before the Nevada Tax Commission resulting in the adoption by that agency of new regulations implementing and clarifying the property tax cap legislation of 2005. Accordingly, the Firm has a unique familiarity with these new rules.

CLIENT ALERT: UPDATE: EMPLOYERS MUST TAKE IMMEDIATE STEPS TO COMPLY WITH THE EXTENSION OF COBRA PREMIUM SUBSIDIES

January 11, 2010 - In February, 2009, Lionel Sawyer & Collins issued a Client Alert with information on the American Recovery and Reinvestment Act of 2009 (the “ARRA”), the financial stimulus package. On December 19, 2009, President Obama signed into law a military spending bill with a provision to extend the health insurance continuation coverage premium subsidies provided in the ARRA. 

CLIENT ALERT - POKER TOURNAMENT SPONSORS MUST REPORT ON PAYMENTS OF MORE THAN $5,000 - UPON SUCH FAILURE TO REPORT, LIABILITIES FOR FAILURE TO WITHHOLD MAY ALSO BE IMPOSED

The Internal Revenue Code’s regulations governing the issuance of a W-2G and withholding requirements as applied to gaming winnings were drafted well before the advent and popularity of poker tournaments.  Such regulations were thus designed with slot machines, casino table games, horse racing, sweepstakes and lotteries in mind, and their application to poker tournaments has been subject to various interpretations.

CLIENT ALERT: EXPANDED GAMING FOR HOLIDAYS AND SPECIAL EVENTS

As the holidays rapidly approach, many gaming licensees are preparing for an influx of tourist activity. Some of these preparations may include temporary or holiday expansions of gaming to accommodate the increased tourist traffic. Nevada gaming statutes and regulations permit such expansions, provided certain criteria are met...

CLIENT ALERT - NEVADA DIVISION OF WATER RESOURCES TO RIGOROUSLY ENFORCE WATER RIGHT CANCELLATION AND FORFEITURE STATUTES

On November 1, 2007, the Nevada Division of Water Resources (“DWR”) took the unusual step of issuing a bulletin to all water rights professionals. DWR announced it will be more active in enforcing existing statutory requirements relating to the perfection and maintenance of water rights. The new enforcement focus will increase the risk of water right cancellations and forfeitures.

CLIENT ALERT: CUSTOMER LISTS, SENSITIVE INFORMATION & HIRING PRACTICES BY NEVADA GAMING LICENSEES

Recently, the Nevada Gaming Control Board (the “GCB”) conducted an informational seminar to identify current issues of concern for the GCB. At this seminar, Board Member Sayre expressed particular concern with the misappropriation of customer lists and sensitive information and the hiring practices of Nevada gaming licensees.

CLIENT ALERT: “RED FLAGS” FEDERAL ANTI-IDENTITY THEFT PROVISION DELAYED TO 2010

On November 2, 2009, the Federal Trade Commission announced it was pushing back enforcement of the Red Flags Rule a fourth time, to June 1, 2010.

CLIENT ALERT: ADVERTISING ISSUES FOR GAMING LICENSEES

Recently, the Nevada Gaming Control Board held an informational seminar to identify current issues of concern. At the seminar, Board Member Randall Sayre expressed particular concern with the advertising practices of some gaming licensees - and noted the Board’s willingness to engage in enforcement and disciplinary measures regarding such advertisements pursuant to Nevada Gaming Commission Regulation 5.

CLIENT ALERT: GAMING ENFORCEMENT AND NON-GAMING ACTIVITIES AT GAMING ESTABLISHMENTS

By now most have seen the news reports of Planet Hollywood’s $500,000 fine related to activities associated with the PRIVE nightclub. Many were surprised to learn that a gaming licensee could face disciplinary action from gaming regulators related to the actions and investigation of one of its tenants. 

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CLIENT ALERT--LENDER BEWARE! SIGNIFICANT CHANGES TO NEVADA’S RESIDENTIAL FORECLOSURE AND EVICTION LAWS MAY AFFECT YOUR BUSINESS