Local Press Covers Firm's $7.7 Million Award

The Reno Gazette Journal recently published an article highlighting the Firm's success in a local employment lawsuit.  After four years of strategic and aggressive prosecution of the case, a Judge awarded the Firm's client $7.7 Million dollars, which included lost wages, emotional distress, punitive damages, and attorney's fees.  The Firm is very proud of the results it received on behalf of a very courageous client.  The Reno Gazette Journal article can be found here, on the RGJ site.  If the article on the site is no longer accessible, you can read an archived version here.

- January 11, 2012

--

The United States District Court for the District of Nevada Amends its Local Rules of Practice

On August 1, 2011, the United States District Court for the District of Nevada issued amended local rules of civil practice.  Some important amendments were made that all federal civil attorneys should be aware of.  A complete copy of the Amended Rules can be found here in searchable format.

- December 8, 2011

--

Matthew Digesti Published in this month's Nevada Lawyer Magazine

Matthew Digesti's article focusing on intellectual property strategies for business websites is featured in this month's Nevada Lawyer Magazine.  The article focuses on legal strategies for protecting your business' intellectual property rights during the website's design and development phase.  Protecting your business' trademark, copyrights, and trade secrets during this early phase is critical to reducing your litigation exposure.  Business law protections and strategies are best implemented at the beginning, and the article focuses on identifying key areas to protect.  You can read the full article here.

- November 7, 2011

--

Nevada Secretary of State Joins Task Force to Target Corporate Ownership Fraud

The Nevada Secretary of State, the Attorney's General Office, and the IRS are teaming up to form a joint task force that will targe corporate ownership fraud.  This is an excellent initiative that takes advantage of Nevada corporate laws requring that beneficial owners of entities disclose their names to the State.  With this disclosure, the task force will target those entities that are engaging in unlawful activities.  We applaud the work of this task force and its goal of protecting Nevada's residents against corporate fraud. 
The press release from the Secretary of State appears direclty below.

CORPORATE OWNERSHIP FRAUD TO BE FOCUS OF JOINT STATE AND FEDERAL TASK FORCE
Nevada Secretary of State Ross Miller Joins with Internal Revenue Service and Nevada Attorney General for Aggressive Enforcement
Posted Date: 9/9/2011

For Immediate Release 
Contact: Bob Walsh, Deputy for Southern Nevada 
(702) 486-2450 
rwalsh@sos.nv.gov 

(Carson City, NV; September 9, 2011) - Corporate entities registered in Nevada and the formation agents and registered agents representing those entities will be the focus of the new Corporate Ownership Fraud Task Force that was announced today by Nevada Secretary of State Ross Miller. The Task Force will investigate registered Nevada business entities that are suspected of being involved in illegal activities including tax evasion, money laundering, securities violations, and the marketing of shell or shelf companies for fraudulent and/or deceptive purposes. 

Miller has appointed former criminal prosecutor Tera Ames as his Special Liaison to the Task Force which will also include Special Agent in Charge Paul Camacho from the Internal Revenue Service, and John P. Kelleher, Chief Deputy Attorney General of the Attorney General's Bureau of Criminal Justice Fraud Division. The Task Force will use shared resources and information to target possible criminal activity. 

"We have a unique law in Nevada which allows us to demand a list of beneficial owners of any entity registered in Nevada that is suspected of illegal activities," said Miller. "We plan to use that law aggressively, which is why I've brought in a criminal prosecutor to be my liaison to the Task Force. Tera Ames has already launched investigations into some of these corporations, and with the assistance and resources of the other Task Force members we'll be stepping up our pursuit of fraudulent activity. 

"Contrary to some criticism relating to Nevada, we have not seen much evidence of Nevada's business statutes either enabling criminal activity or posing a barrier to criminal investigations. In the very rare instances when we've been contacted by law enforcement, our statutes have 
(more) 
given us the opportunity to provide them with information and be a resource rather than an obstacle. But we have in fact seen some individuals and entities falsely promoting Nevada as a safe haven for criminal activity. Some of these marketing campaigns are promoting illegal activity and we intend to work through the task force to bring them to justice." 

IRS Special Agent in Charge Paul Camacho, who will represent that agency on the Task Force, said, "This partnership between the IRS and the State of Nevada signals our mutual resolve to address fraudulent activities. We certainly respect the laws of this state, including the corporate ownership laws; however we do not respect law breakers. This task force effort significantly adds to our arsenal of weapons to fight financial fraud." 
The IRS recently took aggressive action against individuals involved in asset protection schemes. In July, William S. Reed, Richard Neiswonger, and Wendell Waite were indicted on federal charges of defrauding the U.S. Government, mail fraud, wire fraud, conspiracy and money laundering in connection with an IRS Criminal Investigation probe. The Task Force intends to share information related to these types of offenses and jointly investigate when appropriate. 
Additionally, criminal fraud relating to disguised corporate ownership has long been a focus of the IRS and was once again named as one of the IRS' 2011 Dirty Dozen Tax Scams. In this scheme, corporations and other entities are formed and operated in certain states for the purpose of disguising the ownership of the business or financial activity by means such as improperly using a third party to request an employer identification number. Such entities can be used to facilitate underreporting of income, fictitious deductions, non-filing of tax returns, participating in listed transactions, money laundering, financial crimes and even terrorist financing. The IRS will work cooperatively through the Corporate Formation Fraud Task Force to identify these entities and to bring the owners of these entities into compliance with the law. 
The Task Force's investigations will be backed by an equally aggressive prosecutorial effort by the Nevada Attorney General. "I have always made crimes related to consumer protection and securities fraud a high priority," said Nevada Attorney General Catherine Cortez Masto. "My office is pleased to join this task force to ensure we protect the public and legitimate businesses from less scrupulous operators." 

# # # 

- September 12, 2011

--

Ex Attorney General Pushes to Alter International Business Bribery Laws

Josh Gerstein of Politico.com reports on a potentially significant story regarding the United States' international business bribery laws.  Opponents of the law argue that current legislation is so restrictive, it affects U.S. business' ability to compete for international business contracts.  Ex Attorney General Michael Mukasey has been retained by the United States Chamber of Commerce to lobby Congress for less restrictive legislation, and thus, enhanced ability for U.S. businesses to compete for international business contracts.  The article can be found here.

- August 27, 2011

--

A Business Must Take Steps to Protect Customer Information

Here is an excellent link demonstrating the pitfalls of failing to protect confidential customer information.  From a legal standpoint, confidential customer information, and the steps necssary to protect that information, is heavily regulated by various federal and state statutes.  The Digesti Law Firm LLP assists clients in taking the appropriate measures to protect confidential information, along with advising clients on what legal steps are required if any confidential information is compromised.  Every business should take the time to develop appropriate policies and procedures to reduce its legal exposure resulting from the retention of this important information.  

-  August 25, 2011

--

Nevada Secretary of State Targets Home Based Exemptions

Below is a press release that the Secretary of State released today.  If you claim a home based exemption, be sure to look for a letter from the S.O.S. and comply with the letter's requirements to prove your business qualifies for the exemption.  If you fail to comply, your business license will be revoked.

For Immediate Release 
Contact: Bob Walsh, Deputy for So. Nevada/PIO 
(702) 486-2450 
rwalsh@sos.nv.gov 

(Carson City, NV: August 5, 2011) - Nevada Secretary of State Ross Miller is aggressively targeting businesses claiming a home-based business exemption on their Nevada Business License. Miller says the filings, which are often intentionally false, are costing the state tens of millions of dollars in unclaimed revenue and placing an unfair disadvantage on businesses that comply with the licensing regulations. As of Saturday, August 6, 2011 any business applying for a license and claiming the exemption will be required to provide specific information that will verify the business's location as a residence and net earnings of less than $27,000 per year. Letters requesting verification are being sent to the more than 60,000 businesses already claiming the exemption, and businesses that do not respond will have their license status revoked. 

"Our investigations indicate to us that there are an inordinate number of businesses claiming the home-based exemption, and many of them are nothing more than out of state shell companies," says Miller. "We've either got a whole lot of people who are engaged in fraudulent filings and are lying about the nature of their business, or we do in fact have shell companies that serve little legitimate purpose in terms of commerce. A narrow special interest group, the Nevada Registered Agents' Association, has indicated that they intend to institute legal proceedings to prevent my office from verifying the legitimacy of these exemptions. They seem intent on ensuring that out of state shell companies can continue to game the system." 

In April, 2011, an Executive Branch audit of business license filings in the Secretary of State's office found that a significant number of businesses are falsely claiming they are exempt from paying the annual business license fee. The audit found the state will experience nearly $11 million in lost revenue in the next fiscal year due to the significant increase in the number of businesses that falsely claim to be exempt from annual business license requirements. The law requires any person or entity that performs a service or engages in a trade for profit to obtain an annual state business license. Home-based businesses that currently make less than $27,000 a year in net earnings are exempt from the requirements, as are a very limited number of other types of business. 

The Secretary of State's office also conducted its own internal investigation of a limited number of businesses and could not detect a single instance where the identified businesses were properly claiming an exemption. The investigation found that 73% of the entities investigated were falsely claiming the business license exemption. The remainder of the entities did not responded to inquiries from investigators and their charters to do business in the state revoked. 

"Having those kinds of companies registered in Nevada is the reason we have been identified in numerous federal reports as a preferred incorporation jurisdiction for money launderers, mountebanks and criminal enterprises. However, federal legislation attempting to weed out the bad actors by overhauling the corporate formation process is burdensome and not business-friendly, and we have successfully resisted that to this point. But the ongoing activities of registered agents who facilitate the formation of shell companies make it increasingly difficult to fight the federal attempts. When you consider that, it's clear that we need to clean up our own house before Congress tries to do it for us." 

As of Saturday August 6, 2011 the Nevada Secretary of State's office will no longer accept any online business license applications that claim a business license exemption. Any such filings will require a completed notarized form that provides verifiable information of the home-based business, including the residential address and net earnings. 

- August 5, 2011

--

Laurence Digesti Continues High Profile Defense of Probation Officer

The defense of a carson city probation officer continues with the conclusion of the preliminary hearings.  A full discussion, and article that appears in the Nevada Appeal, can be read here.

- July 26, 2011

--

The July/August 2011 Bencher Magazine, Courtesty of the American Inns of Court, Available for Review

The Bencher Magazine, one of the finest in the legal field, contains several exellent articles on topics reanging from ethics and civility in criminal appeals to dealing with potential client perjury in a criminal trial.  The magazine is available here for your review.

- July 7, 2011

--

The Sixth Circuit Court of Appeals Holds Obama's Healthcare Legislation to be Constitutional

Today, the Sixth Circuit became the first court of appeals to hold that Obama's Healthcare, and specifically, the individual mandates, constitutional.  The Honorable Jeffrey S. Sutton, the author of the opinion, is the first Republican-nominated judge to rule in favor of upholding the mandate.

"We find that the minimum coverage provision is a valid exercise of legilatative power by congress under the Commerce Clause."  Specifically, the Court held, in a 2 to 1 panel opinion, that the individual mandate regulates economic activity that has a substantial effect on interstate commerce because healthcare is a service that could be abused by "free riders" and requiring those potential individuals to enroll or be penalized is a lawful regulation on economic activity.  

The opinion, in its entirety, can be read here.  

- June 29, 2011

--

The Firm Assists in Advising Reno's Newest and Premier Restaurant

The Firm would like to send out a huge congratulations to CAMPO, the long-awaited vision of celebrated chef Mark Estee.  The Firm advised CAMPO in all stages of the business process including entity formation, the business plan, investment proposals, investor negotiations, lease negotiations, the LLC's operating agreement, risk reduction, and now, ongoing business operations.  

CAMPO is currently undergoing construction and has a target opening date of mid-September 2011.  It will be located at the premier retail space in all of downtown Reno; the riverwalk on the first floor of the Palladio building.  You can read more about CAMPO and the one-of-a-kind vision he will bring here.  Congrats CAMPO!

- June 14, 2011

--

Laurence Digesti is Elected to the Board of Governors for a Third Straight Term

The Digesti Law Firm LLP would like to congratulate Laurence Digesti for his election to the State Bar Board of Governors for a third term.  A large number of applicants ran for three open positions in Washoe County, and Laurence was the only incumbent to be re-elected.  Laurence looks forward to serving the State of Nevada during the next two years. 

- May 23, 2011

--

Laurence Digesti defends client in Preliminary Hearing

The Digesti Law Firm LLP has begun its aggressive representation of an accused alternative sentencing officer in Carson City.  You can read the full story in the Nevada Appeal here.

- May 31, 2011

--

Great Tool to Track 2011 Legislation

If you are interested in tracking legislation to stay up to date on changes in the law this Legislative session, you can create a "personalized bil tracker" that will automatically track bills and send email notifications of legislative actions for bills on your tracking list.  The first ten bills you track are free.  This is an excellent tool to remain up to date on bills of interest to you or your clients.  You can set up bill tracking here.

- March 21, 2011

--

Nevada Secretary of State Releases Quarterly Business Report

The Nevada Secretary of State has issued its Third Quarter 2010 business report, which includes updates on items of interest for Reno businesses such as commercial recordings, business portal updates, election news, securities, and census news.  You can download and view a copy of the Business Report here.

- October 26, 2010

--

Nevada Foreclosure Mediation Program Gets Mixed Reviews

After its first year in operation, the Nevada Foreclosure Mediation Program resulted in 43% of homeowners remaining in their homes after they sat down with lenders to negotiate the terms of their mortgage.  While some in the State believe this success rate is too low, others believe that it demonstrates real progress after being in effect for only one year.  

The Program was created in the 2009 Legislative session with the intent of aiding borrowers who are at risk of foreclosure but could continue making payments on their mortgage if the terms of the mortgage were favorably modified.  To qualify for the Program, the property must be owner occupied and a notice of intent of default must have been filed by the lender within the last year.  

From July 1, 2009 to June 30, 2010, 90,279 notices of default were recorded in Nevada.  In that time, 11,716 borrowers requested that they and the lenders enter the Program and 3,860 medications were completed.  

For more information on the current state of the Foreclosure Mediation Program, you can click here to be taken to a recent RGJ article on the topic.

- July 29,2010

--

Nevada Secretary of State Releases Quarterly Business Report

The Nevada Secretary of State has issued its First Quarter 2010 business report, which includes updates on items of interest for Reno businesses such as commercial recordings, business portal updates, election news, securities, and census news.  You can download and view a copy of the Business Report here.

- April 12, 2010

--

Nevada Legislative 2009 Summary - Nevada Supreme Court Summary

The Nevada Supreme Court has published a fantastic guide and summary of the legislation that emerged from the 2009 Nevada Legislative Session.  The summary provides state judges, attorneys, and interested parties with important information regarding 2009 legislation while highlighting the important aspects of the bills for the justice community.  You can download your copy of the Legislative Summary here.

- March 10, 2010

--

Nevada Federal District Court Amends its Local Rules of Practice

Amendments have been made to the changes to the Local Rules of Practice, which became effective on December 1, 2009 via the Court's Interim General Order 2009-03.  The change in this amendment is the addition of LR 7-2(e), which reads as follows:

(e) The time for filing of a motion for summary judgment, a response to a motion for summary judgment, and a reply to a motion for summary judgment shall be governed by Federal Rule of Civil Procedure 56(c).

This change was made to clarify that motion for summary judgment deadlines are governed by Federal Rules of Civil Procedure 56(c) rather than LR 7-2.

You can click on Local Rules Changes to view and print the amendments.

- March 5, 2010

--

Laurence Digesti to Serve 2010 Term on Board of Governors

The governing body of the state bar, the Board of Governors, has duties conferred by Supreme Court Rule. The board is charged with the executive functions of the State Bar of Nevada, and sets the bar’s strategic plans and operation policies. The board also provides guidance to bar staff via the Executive Director, Kimberly Farmer. Board members serve as liaisons to state bar committees and sections.  You can meet your Board of Governs and learn more about the Board here.

- January 14, 2010

--

Nevada Supreme Court Amends Rule of Civil Procedure 16.2

In an effort to increase the effectiveness of initial case management conferences, the Nevada Supreme Court has amended Rule of Civil Procedure 16.2 to provide the parties with an additional 30 days after the service of the summons and complaint to conduct the conference.  Additionally, the Court ordered that the parties, absent compelling circumstances, may not extend the time of the initial conference past 120 days after service of the summons and complaint.  A copy of Nevada Supreme Court order can be downloaded here.  

- January 6, 2010

--

Attorney-Client Privilege Rulings Are Not Immediately Appealable

Today, the United States Supreme Court held that a party may not immediately appeal federal court orders requiring them to disclose information that the party believes is protected by the attorney-client privilege.  The Supreme Court's unanimous decision in Mohawk Industries Inc. v. Carpenter affirms an Eleventh Circuit decision, but overrules those contradictory circuit decisions from the Ninth, Third, and District of Columbia courts of appeal, which previously allowed immediate appeals of attorney-client privilege rulings under the collateral order doctrine.  A copy of the Mohawk opinion can be downloaded here. 

- December 21, 2009

--

Long Term Care and This Year's Tax Incentives

Insurance is an excellent way to protect yourself and your business.  Long term care insurance, in particular, provides a vehicle to extend this protection over the long term so you can focus on the business at hand.  Not only is it valuable in your personal life, it is an excellent hiring incentive.  Moreover, this year you or your business may be able to realize significant 2009 tax incentives. You can read more here on what tax incentives are associated with this type of insurance and you contact an excellent representative, Romeo Lazzarone at The Lazzarone Group for more information.  

- December 16, 2009

--

Laurence Digesti Honored for Military Service

The November 2009 issue of the Nevada Lawyer has honored Laurence Digesti for his service in the Marine Corps, along with many other service men and women of the Nevada State Bar.  The Digesti Law Firm LLP would like to take this opportunity to thank those Nevada attorneys who have served our great country, along with all other service men and women.  

- December 12, 2009

--

Federal Court Rules of Civil Procedure are Amended

On December 1, 2009, several important changes to the Federal Rules of Civil Procedure go into effect.  The United States Supreme Court has adopted the rule amendments proposed by the Judicial Conference and transmitted the same to Congress pursuant to the Rules Enabling Act.

For those attorneys practicing civil litigation in Federal Court, you may view the Changes to Local Rules of Practice of the United States District Court here. Of particular note to civil litigators is that filing deadlines for opposition to motions and replies to opposition have been reduced to fourteen (14) and seven (7) days, respectively.  It appears as though a majority of the changes deal specifically with deadlines, and thus, an updating of your litigation calendars will be necessary.  

- December 3, 2009

---

Nevada Ranks 4th as Tax Friendly State

Yet another reason why Nevada is becoming a destination for business.  Despite increase in the payroll tax, sales tax and about a $1 billion increase in total taxes by the Legislature, Nevada dropped just one spot -- from third to fourth -- in the 2010 State Business Tax Climate Index released Tuesday by the Tax Foundation of Washington D.C.

Nevada's neighbor to the West, California, was ranked No. 48 out of 50 in the index, making those who recruit new businesses to Nevada smile about the juxtaposition of the two states.  You can read the full business article in the Reno Gazette Journal.

- September 23, 2009

---

Change in State Business License Requirements - Assembly Bill 146 

Effective October 1, 2009, filing and payment of the State Business License will be processed by the Secretary of State’s office. Pursuant to AB 146 passed by the 2009 Nevada Legislature, the authority for the State Business License was transferred from the Department of Taxation to the Secretary of State. For entities that are required to file an initial or annual list of officers with the Secretary of State, you will be required to file for the State Business License at the time your list is due. 

All other businesses such as sole proprietors or general partnerships doing business in Nevada will file a new application or renewal of their existing State Business License after October 1. The Department of Taxation will handle any new license application or renewals of the State Business License through September 30, 2009. 

For more information on state business license requirements, please visit the Nevada Secretary of State's Business Center or the Nevada Business License Fee Frequently Asked Questions page.

- September 17, 2009

----

Matthew P. Digesti, Esq. is Appointed to the Indigent Defense Panel

Matthew P. Digesti was recently appointed to the Washoe County Indigent Defense Panel for post-conviction and appellate representation.  The Indigent Defense Panel serves a very important function in that it provides defendants with private counsel despite their financial inability to retain one.  Building on his experience in the appellate arena, Matthew is thankful for his appointment and looking forward to providing indigent defendants with excellent representation in post-conviction and appellate services.

- September 1, 2009

----

Welcome to our new web site!  

It has taken a lot of work, a lot of Internet research, a lot of phone calls to our amazing web site designer JVF Consulting, LLC, and more edits then we care to admit, but it is finally live. Our goal was to provide plenty of information about ourselves, but also to provide a portal where you can gather information, interact with our firm, and continually return for up-to-date legal news and analysis.  We provide daily updates in our news feeds, a weekly blog where you can suggest topics or comment on posted blogs, and a legal resources page that can take you wherever you need to go for Nevada legal resources.  So take a look around, learn about us, email us with any suggestions, and most of all, enjoy!

- August 24th, 2009