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

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Nevada Secretary of State Releases Quarterly Business Report

The Nevada Secretary of State has issued its First Quarter 20101 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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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