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2022 Nevada Revised Statutes Chapter 332 - Purchasing: Local Governments NRS 332.095 - Assignment of contracts.

1. Except as otherwise provided in subsection 2:

(a) No contract awarded may be assigned to any other person without the consent of the governing body or its authorized representative.

(b) No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body or its authorized representative not to be a responsible person to perform the particular contract.

2. The provisions of this section do not apply to the assignment of a contract by virtue of the acquisition of the person who is a party to the contract by a person that purchases the full assets and liabilities of the person who is a party to the contract.

(Added to NRS by 1975, 1537; A 1999, 1684; 2001, 1316; 2019, 773)

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Download Assignment Agreement Template

Nevada assignment agreement template.

An Assignment Agreement is an effective legal document for transferring contractual obligations. Using an Assignment Contract template makes the process go smoothly.

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If you need or want to transfer your rights, obligations, and benefits under a contract, an assignment agreement may be the best option. Although employing an assignment contract template created specifically for this purpose might save you time and money, this legally permissible transfer may seem confusing. You will be in a better position to broker a deal that releases you from the contractual responsibilities and generates a profit if you are aware of what an assignment contract does and how it functions.

What is an Assignment Agreement?

When to use an assignment agreement, what to include in an assignment agreement, how does assignment of contract work, how to write an assignment agreement, assignment agreement sample.

An Assignment Agreement is a legally binding contract that allows one party, known as the "assignor," to transfer certain rights, interests, or obligations to another party, known as the "assignee." This agreement is often used in various business and legal contexts to facilitate the transfer of rights or responsibilities between parties. Here are some key aspects of an Assignment Agreement:

Assignment of Rights: This agreement typically involves the transfer of specific rights, such as contractual rights, intellectual property rights, lease agreements, or debt obligations. For example, a business may assign its rights under a contract to another party.
Assignor and Assignee: The assignor is the party currently holding the rights or obligations and wishes to transfer them, while the assignee is the party receiving those rights or obligations.
Consent: In many cases, the original contract or agreement between the assignor and the other party may require consent before assignment. The Assignment Agreement often includes a provision confirming that the necessary consents have been obtained.
Liabilities: The agreement may specify whether the assignor remains liable for the obligations being transferred or if the assignee assumes full responsibility.
Notice: Assignment agreements often include a notice provision, where the assignor notifies the other party (the obligor or counterparty to the original agreement) of the assignment.
Governing Law: The agreement may specify which jurisdiction's laws will govern the interpretation and enforcement of the agreement.
Consideration: While not always required, some Assignment Agreements involve payment of consideration from the assignee to the assignor in exchange for the rights or obligations being transferred.
Confidentiality: In cases where sensitive information is being assigned, the agreement may include confidentiality provisions to protect the information.

Assignment Agreements are commonly used in various business scenarios, including the sale of business assets, transfer of intellectual property rights, assignment of leases, and more. They are essential for clarifying the rights and responsibilities of the parties involved and ensuring that the assignment is legally valid and enforceable. It's advisable to consult with legal counsel when drafting or entering into Assignment Agreements to ensure compliance with relevant laws and regulations.

An Assignment Agreement should be used in various situations where one party wants to transfer certain rights, interests, or obligations to another party. Here are some common scenarios in which you might use an Assignment Agreement:

Transfer of Contracts: When a party to a contract wants to transfer its rights or obligations under that contract to another party. For example, a business might want to assign a supplier contract to a new supplier.
Intellectual Property: When an individual or entity wants to assign or license their intellectual property rights, such as patents, trademarks, copyrights, or trade secrets, to another party.
Real Estate Leases: When a tenant wishes to assign or sublease their lease agreement to a new tenant or when a landlord wants to assign their rights and responsibilities under a lease to a new owner.
Debt or Loans: When a creditor wants to assign or sell a debt to another party, such as a financial institution selling a portfolio of loans to an investor.
Business Asset Sales: During the sale of a business, the seller may assign contracts, licenses, permits, or other assets to the buyer as part of the transaction.
Royalty Agreements: When an author, musician, or artist wants to assign their rights to future royalties to a music label, publisher, or distributor.
Non-Disclosure Agreements: In cases where a party needs to assign their rights or obligations related to the protection of confidential information to another party.
Employment Agreements: When an employer wants to assign its rights and obligations under an employment contract to another entity, such as during a merger or acquisition.
Insurance Policies: When a policyholder wants to assign or transfer an insurance policy to another party, often subject to the insurer's approval.
Distribution Agreements: In situations where a manufacturer or supplier wants to assign or transfer distribution rights to another distributor or partner.

It's important to note that the use of Assignment Agreements can vary widely based on the specific legal and business requirements of each situation. Proper legal advice should be sought to ensure that the Assignment Agreement complies with applicable laws and that all necessary consents are obtained from relevant parties. Consulting with legal counsel can help you tailor the agreement to your specific needs and circumstances.

An Assignment Agreement is a legally binding contract that should clearly outline the terms and conditions of the assignment. While the specific contents of an Assignment Agreement may vary depending on the nature of the assignment, here are some common elements to include:

Parties to the Agreement: Identify and provide contact details for both the assigning party (assignor) and the receiving party (assignee).
Recitals: Include a brief introduction or recitals section that explains the background and purpose of the assignment.
Effective Date: Specify the date when the agreement becomes effective.
Assignment Details: Clearly describe the rights, interests, obligations, or property being assigned. Include details like contract names, contract dates, and any specific terms or conditions relevant to the assignment.
Consideration: If applicable, outline any consideration or payment exchanged between the parties as part of the assignment.
Consent and Approvals: Specify whether the assignment requires the consent or approval of any third parties, and if so, outline the process for obtaining such consent.
Representations and Warranties: Include representations and warranties made by both parties regarding their authority, ability to perform, and compliance with applicable laws.
Indemnification: Address indemnification clauses that protect one party from liabilities arising from the actions of the other party.
Governing Law: Specify the governing law that will apply to the agreement, which determines the legal jurisdiction in case of disputes.
Termination: Describe the conditions or events that could lead to the termination of the assignment agreement.
Confidentiality: Include provisions that address the confidentiality of any sensitive information involved in the assignment.
Notices: Provide a section for both parties to communicate official notices and correspondence regarding the agreement.
Successors and Assigns: Specify whether the rights and obligations under the agreement can be assigned or transferred to other parties and under what conditions.
Counterparts: Indicate whether the agreement can be executed in counterparts, allowing multiple copies to be signed separately but forming a single agreement.
Signatures: Include spaces for the signatures of authorized representatives of both parties, along with their printed names and titles.
Witness and Notary: Depending on jurisdictional requirements, you may need to include provisions for witnesses and notarization.
Exhibits or Attachments: If necessary, attach any supporting documents, contracts, or schedules as exhibits to the agreement.
Miscellaneous Clauses: Consider including clauses related to dispute resolution, force majeure, entire agreement, amendments, and other relevant matters.
Execution Date: Indicate the date when the agreement is signed by both parties.
Severability: Include a severability clause stating that if any part of the agreement is found invalid, the remaining provisions will remain in effect.

The assignment of a contract involves one party (the assignor) transferring their rights, obligations, or interests under a contract to another party (the assignee). Here's how it works:

The assignor determines that they want to transfer their position under the contract to someone else. This might occur for various reasons, such as a desire to exit the contract, a need for someone else to perform the contract, or a desire to receive payment for their rights under the contract.
Both the assignor and assignee should carefully review the original contract to understand its terms, conditions, and any provisions related to assignment. Some contracts explicitly prohibit or restrict assignment, so it's crucial to ensure that assignment is allowed.
The assignor and assignee negotiate the terms of the assignment. This includes specifying what rights or obligations are being transferred, any consideration (payment or other value) involved, and any conditions or limitations.
An Assignment Agreement is drafted, which outlines the details of the assignment. This agreement should be in writing and signed by both parties.
Depending on the contract and local laws, the other party to the original contract (the non-assigning party) may need to be notified of the assignment. Some contracts require the non-assigning party's consent for the assignment to be valid.
Both parties sign the Assignment Agreement to make it legally binding. This document serves as evidence of the assignment.
It's a good practice to update the original contract to reflect the assignment. This can help avoid confusion and ensure that all parties are aware of the new arrangement.
After the assignment is completed, the assignee assumes the assignor's role and responsibilities under the contract.
The non-assigning party is generally required to deal directly with the assignee for contract performance, as the assignor no longer holds the relevant rights and obligations.
The assignor may still be liable for any breaches or obligations that occurred before the assignment, depending on the terms of the Assignment Agreement and the original contract.
Assignment Agreements often include indemnification clauses where the assignee agrees to protect the assignor from any claims or liabilities arising from the assignment.
Once the assignee has fulfilled their obligations under the contract or the contract has terminated, the assignment is considered completed.

Writing an Assignment Agreement involves outlining the terms and conditions under which one party (the assignor) transfers their rights, obligations, or interests under a contract to another party (the assignee). Here are the steps to write an Assignment Agreement:

1. Title and Date:

Start with a clear title at the top of the document, such as "Assignment Agreement," followed by the date of the agreement's execution.

2. Parties' Information:

Identify the assignor and assignee by providing their full legal names, addresses, and contact details. Clearly specify their roles in the agreement.

3. Recitals:

Include a section of recitals or introductory clauses that briefly describe the background and purpose of the assignment. This section may explain why the assignment is taking place.

4. Definitions:

Define any key terms or phrases that will be used throughout the agreement to avoid misunderstandings. For example, define "Contract" as the original contract being assigned.

5. Assignment Details:

Clearly state that the assignor is transferring their rights, obligations, and interests under a specific contract (include the contract's name, date, and parties) to the assignee.
Specify what exactly is being assigned, such as rights to payment, intellectual property, or any other contractual obligations.

6. Consideration:

If there is any payment or other consideration involved in the assignment, specify the amount or type of consideration, as well as when and how it will be paid.

7. Representations and Warranties:

Include a section where both parties make certain representations and warranties about their authority to enter into the agreement and the accuracy of the information provided.

8. Conditions and Approvals:

Outline any conditions or approvals required for the assignment to be valid. This may include obtaining consent from the non-assigning party in the original contract.

9. Governing Law:

Specify the jurisdiction and governing law that will apply to the agreement. This clarifies which legal rules and regulations will govern the interpretation and enforcement of the agreement.

10. Indemnification:

Include provisions related to indemnification. For instance, the assignee may agree to indemnify the assignor against any claims arising from the assignment.

11. Execution:

Leave space for the signatures of both parties, along with their printed names and the date. Each party should sign in the presence of a witness or a notary public, depending on local legal requirements.

12. Attachments:

If necessary, attach copies of the original contract, any consents or approvals, and other relevant documents that support the assignment.

13. Review and Consultation:

Before finalizing the agreement, it's advisable to have it reviewed by legal counsel or professionals experienced in contract law to ensure it complies with applicable laws and regulations.

14. Distribution:

Once both parties have signed the Assignment Agreement, provide copies to all relevant parties, including the non-assigning party in the original contract if required.

What is the purpose of an Assignment Agreement?

An Assignment Agreement is used when one party wishes to transfer its rights, obligations, or interests under a contract to another party. It specifies the terms and conditions of this transfer.

Do both parties in the original contract need to agree to the assignment?

It depends on the terms of the original contract. Some contracts require consent from both parties for an assignment to be valid, while others may allow unilateral assignment by one party. The Assignment Agreement should specify the consent or approval required.

What rights can be assigned through an Assignment Agreement?

Assignment can involve various rights, including the right to receive payments, the transfer of intellectual property rights, the assignment of contractual duties, and more. The specific rights being transferred should be clearly defined in the agreement.

Is an Assignment Agreement the same as a Novation Agreement?

No, they are not the same. In an Assignment Agreement, the original contract remains in effect, with the assignor transferring certain rights or obligations to the assignee. In a Novation Agreement, the original contract is replaced entirely, with a new party taking the place of the original party.

Are there any restrictions on what contracts can be assigned?

Some contracts include clauses that prohibit or restrict assignment. It's essential to review the original contract for any such provisions. If the original contract prohibits assignment, the non-assigning party's consent may be required to proceed with the assignment.

Stock Certificate : Utilize our Stock Certificate template to provide evidence of the sale and ownership of stock.
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assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm.

Invention Assignment Agreements – How to Avoid Pitfalls

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CHAPTER 42 - DAMAGES

NRS 42.001 Definitions; exceptions.

NRS 42.005 Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

NRS 42.007 Exemplary and punitive damages: Limitations on liability by employer for wrongful act of employee; exception.

NRS 42.010 Exemplary and punitive damages: Injury caused by operation of vehicle after consumption of alcohol or controlled substance.

NRS 42.021 Actions based on professional negligence of providers of health care: Introduction of certain evidence relating to collateral benefits; restrictions on source of collateral benefits; payment of future damages by periodic payments.

NRS 42.030 Court approval of agreement to transfer structured settlement required. [Repealed.]

STRUCTURED SETTLEMENT PROTECTION ACT

NRS 42.200 Short title.

NRS 42.205 Definitions.

NRS 42.210 “Annuity issuer” defined.

NRS 42.215 “Assignee” defined.

NRS 42.220 “Dependents” defined.

NRS 42.225 “Discounted present value” defined.

NRS 42.230 “Gross advance amount” defined.

NRS 42.235 “Independent professional advice” defined.

NRS 42.240 “Interested party” defined.

NRS 42.245 “Net advance amount” defined.

NRS 42.250 “Payee” defined.

NRS 42.255 “Periodic payments” defined.

NRS 42.260 “Qualified assignment agreement” defined.

NRS 42.265 “Renewal date” defined.

NRS 42.270 “Settled claim” defined.

NRS 42.275 “Structured settlement” defined.

NRS 42.280 “Structured settlement agreement” defined.

NRS 42.285 “Structured settlement obligor” defined.

NRS 42.290 “Structured settlement payment rights” defined.

NRS 42.295 “Structured settlement purchase company” defined.

NRS 42.300 “Structured settlement transfer proceeding” defined.

NRS 42.305 “Terms of the structured settlement” defined.

NRS 42.310 “Transfer” defined.

NRS 42.315 “Transfer agreement” defined.

NRS 42.320 “Transfer expense” defined.

NRS 42.325 “Transfer order” defined.

NRS 42.330 “Transferee” defined.

NRS 42.335 “Unit” defined.

NRS 42.340 Requirement to register as structured settlement purchase company; application; certification of surety bond, letter of credit or cash bond that meets certain requirements.

NRS 42.345 Statement concerning obligation for child support required for issuance or renewal of registration as structured settlement purchase company. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 42.350 Suspension of registration as structured settlement purchase company; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 42.355 Notice of judgment against structured settlement purchase company; contents of notice.

NRS 42.360 Surety bond: Liability of surety not affected by certain acts; notice required before cancellation or modification; automatic expiration of registration for cancellation or noncomplying modification; modification or cancellation does not affect liability incurred previously.

NRS 42.365 Certain persons exempt from registration.

NRS 42.370 Prohibited acts; remedies for violation.

NRS 42.375 Applicant for approval of transfer of structured settlement payment rights required to provide evidence of registration; transfer order signed by court constitutes qualified order under federal law if transferee is registered.

NRS 42.380 Required disclosures to payee.

NRS 42.385 Approval of transfers of structured settlement payment rights.

NRS 42.390 Effects of transfer of structured settlement payment rights.

NRS 42.395 Procedure for approval of transfer of structured settlement payment rights.

NRS 42.400 General provisions; construction.

NRS 42.001 Definitions; exceptions. As used in this chapter, unless the context otherwise requires and except as otherwise provided in subsection 5 of NRS 42.005 :

1. “Conscious disregard” means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.

2. “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive another person of his or her rights or property or to otherwise injure another person.

3. “Malice, express or implied” means conduct which is intended to injure a person or despicable conduct which is engaged in with a conscious disregard of the rights or safety of others.

4. “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship with conscious disregard of the rights of the person.

(Added to NRS by 1995, 2668 )

NRS 42.005 Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

1. Except as otherwise provided in NRS 42.007 , in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:

(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or

(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.

2. The limitations on the amount of an award of exemplary or punitive damages prescribed in subsection 1 do not apply to an action brought against:

(a) A manufacturer, distributor or seller of a defective product;

(b) An insurer who acts in bad faith regarding its obligations to provide insurance coverage;

(c) A person for violating a state or federal law prohibiting discriminatory housing practices, if the law provides for a remedy of exemplary or punitive damages in excess of the limitations prescribed in subsection 1;

(d) A person for damages or an injury caused by the emission, disposal or spilling of a toxic, radioactive or hazardous material or waste; or

(e) A person for defamation.

3. If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.

4. Evidence of the financial condition of the defendant is not admissible for the purpose of determining the amount of punitive damages to be assessed until the commencement of the subsequent proceeding to determine the amount of exemplary or punitive damages to be assessed.

5. For the purposes of an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage, the definitions set forth in NRS 42.001 are not applicable and the corresponding provisions of the common law apply.

(Added to NRS by 1989, 486 ; A 1995, 2669 )

NRS 42.007 Exemplary and punitive damages: Limitations on liability by employer for wrongful act of employee; exception.

1. Except as otherwise provided in subsection 2, in an action for the breach of an obligation in which exemplary or punitive damages are sought pursuant to subsection 1 of NRS 42.005 from an employer for the wrongful act of his or her employee, the employer is not liable for the exemplary or punitive damages unless:

(a) The employer had advance knowledge that the employee was unfit for the purposes of the employment and employed the employee with a conscious disregard of the rights or safety of others;

(b) The employer expressly authorized or ratified the wrongful act of the employee for which the damages are awarded; or

Ê If the employer is a corporation, the employer is not liable for exemplary or punitive damages unless the elements of paragraph (a), (b) or (c) are met by an officer, director or managing agent of the corporation who was expressly authorized to direct or ratify the employee’s conduct on behalf of the corporation.

2. The limitations on liability set forth in subsection 1 do not apply to an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage.

NRS 42.010 Exemplary and punitive damages: Injury caused by operation of vehicle after consumption of alcohol or controlled substance.

1. In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484C.110 , 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance, knowing that the defendant would thereafter operate the motor vehicle, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.

2. The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.

(Added to NRS by 1965, 1143 ; A 1967, 738 ; 1981, 1928 ; 1989, 487 ; 2005, 161 )

1. In an action for injury or death against a provider of health care based upon professional negligence, if the defendant so elects, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services. If the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiff’s right to any insurance benefits concerning which the defendant has introduced evidence.

2. A source of collateral benefits introduced pursuant to subsection 1 may not:

(a) Recover any amount against the plaintiff; or

(b) Be subrogated to the rights of the plaintiff against a defendant.

3. In an action for injury or death against a provider of health care based upon professional negligence, a district court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000 in future damages.

4. In entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor.

5. A judgment ordering the payment of future damages by periodic payments entered pursuant to subsection 3 must specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments will be made. Such payments must only be subject to modification in the event of the death of the judgment creditor. Money damages awarded for loss of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditor’s death. In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subsection.

6. If the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the periodic payments as specified pursuant to subsection 5, the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including, but not limited to, court costs and attorney’s fees.

7. Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments ceases and any security given pursuant to subsection 4 reverts to the judgment debtor.

8. As used in this section:

(a) “Future damages” includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor.

(b) “Periodic payments” means the payment of money or delivery of other property to the judgment creditor at regular intervals.

(c) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

(d) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

(Added to NRS by 2004 initiative petition, Ballot Question No. 3; A 2011, 1511 ; 2019, 2710 )

NRS 42.030 Court approval of agreement to transfer structured settlement required. Repealed. (See chapter 297, Statutes of Nevada 2021, at page 1731 .)

NRS 42.200 Short title. NRS 42.200 to 42.400 , inclusive, may be known and cited as the Structured Settlement Protection Act.

(Added to NRS by 2021, 1720 )

NRS 42.205 Definitions. As used in NRS 42.200 to 42.400 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 42.210 to 42.335 , inclusive, have the meanings ascribed to them in those sections.

NRS 42.210 “Annuity issuer” defined. “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement.

NRS 42.215 “Assignee” defined. “Assignee” means a person acquiring or proposing to acquire structured settlement payments from a structured settlement purchase company or transferee after, or concurrently with, the transfer of the structured settlement payment rights by the payee to the structured settlement purchase company or transferee.

NRS 42.220 “Dependents” defined. “Dependents” include a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including, without limitation, alimony.

NRS 42.225 “Discounted present value” defined. “Discounted present value” means the present value of future payments determined by discounting such payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the Internal Revenue Service.

(Added to NRS by 2021,1720)

NRS 42.230 “Gross advance amount” defined. “Gross advance amount” means the sum payable to the payee or for the payee’s account as consideration for a transfer of structured settlement payment rights, before any reductions for transfer expenses or other deductions to be made from such consideration.

NRS 42.235 “Independent professional advice” defined. “Independent professional advice” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser.

NRS 42.240 “Interested party” defined. “Interested party” means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under the structured settlement.

NRS 42.245 “Net advance amount” defined. “Net advance amount” means the gross advance amount, less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under NRS 42.380 .

NRS 42.250 “Payee” defined. “Payee” means a natural person who:

1. Is receiving tax-free payments under a structured settlement which resolved a settled claim; and

2. Proposes to make a transfer of the structured settlement payment rights.

NRS 42.255 “Periodic payments” defined. “Periodic payments” includes both recurring payments and scheduled future lump-sum payments.

NRS 42.260 “Qualified assignment agreement” defined. “Qualified assignment agreement” means an agreement providing for a qualified assignment within the meaning of section 130 of the Internal Revenue Code, 26 U.S.C. § 130.

(Added to NRS by 2021, 1721 )

NRS 42.265 “Renewal date” defined. “Renewal date” means the date on which a registered structured settlement purchase company is required to renew its registration pursuant to NRS 42.340 , which date is 1 year after the initial registration or any subsequent renewal.

NRS 42.270 “Settled claim” defined. “Settled claim” means the tort claim resolved by a structured settlement.

NRS 42.275 “Structured settlement” defined. “Structured settlement” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.

NRS 42.280 “Structured settlement agreement” defined. “Structured settlement agreement” means the agreement, judgment, stipulation or release embodying the terms of a structured settlement.

NRS 42.285 “Structured settlement obligor” defined. “Structured settlement obligor” means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or qualified assignment agreement.

NRS 42.290 “Structured settlement payment rights” defined. “Structured settlement payment rights” means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where the payee is domiciled in this State or the structured settlement agreement was approved by a court in this State.

NRS 42.295 “Structured settlement purchase company” defined. “Structured settlement purchase company” means a person that acts as a transferee in this State and who is registered with the Unit pursuant to NRS 42.340 .

NRS 42.300 “Structured settlement transfer proceeding” defined. “Structured settlement transfer proceeding” means a court proceeding filed by a structured settlement purchase company seeking court approval of a transfer in accordance with NRS 42.385 .

NRS 42.305 “Terms of the structured settlement” defined. “Terms of the structured settlement,” with respect to any structured settlement, includes, without limitation, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of any court.

NRS 42.310 “Transfer” defined. “Transfer” means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. The term does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce a blanket security interest against the structured settlement payment rights.

NRS 42.315 “Transfer agreement” defined. “Transfer agreement” means the agreement providing for a transfer of structured settlement payment rights.

NRS 42.320 “Transfer expense” defined. “Transfer expense” means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney’s fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions and other payments to a broker or other intermediary. The term does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of the transfer.

NRS 42.325 “Transfer order” defined. “Transfer order” means an order approving a transfer in accordance with NRS 42.385 .

(Added to NRS 2021, 1722 )

NRS 42.330 “Transferee” defined. “Transferee” means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.

(Added to NRS by 2021, 1722 )

NRS 42.335 “Unit” defined. “Unit” means the Consumer Affairs Unit of the Department of Business and Industry.

NRS 42.340 Requirement to register as structured settlement purchase company; application; certification of surety bond, letter of credit or cash bond that meets certain requirements.

1. A person shall not act as a transferee, attempt to acquire structured settlement payment rights through a transfer from a payee who resides in this State or file a structured settlement transfer proceeding in this State unless the person is registered with the Unit to do business in this State as a structured settlement purchase company.

2. A person may apply pursuant to this section with the Unit for a registration to do business in this State as a structured settlement purchase company. An application for an initial or renewed registration must be submitted on a form prescribed by the Unit. An initial or renewed registration expires 1 year after it is issued and may be renewed by the registrant on or before the renewal date for additional 1-year periods.

3. The application must contain a sworn certification by an owner, officer, director or manager of the applicant, if the applicant is not a natural person, or by the applicant if the applicant is a natural person, certifying that:

(a) The applicant has secured a surety bond, has been issued a letter of credit or has posted a cash bond in the amount of $50,000 which relates to its business as a structured settlement purchase company in this State;

(b) The surety bond, letter of credit or cash bond:

(1) Is intended to protect payees who do business with the applicant when the applicant is acting as a structured settlement purchase company; and

(2) Complies with all applicable provisions of NRS 42.200 to 42.400 , inclusive; and

(c) The applicant will comply with all of the provisions of NRS 42.200 to 42.400 , inclusive, when acting as a structured settlement purchase company and filing structured settlement transfer proceedings in this State.

4. The applicant must submit to the Unit with each initial and renewal application a copy of the surety bond, letter of credit or cash bond obtained by the applicant for the purposes of subsection 3.

5. A surety bond obtained for the purposes of subsection 3 must be payable to the State of Nevada.

6. A surety bond, letter of credit or cash bond obtained for the purposes of subsection 3 must be effective concurrently with the registration of the applicant and must remain in effect for not less than 3 years after the expiration or termination of the registration. The surety bond, letter of credit or cash bond must be renewed each year as needed to keep it continuously in effect when the registration of the applicant is renewed unless the applicant obtains alternative security described in paragraph (a) of subsection 3 which complies with all applicable provisions of NRS 42.200 to 42.400 , inclusive.

7. A surety bond, letter of credit or cash bond obtained for the purposes of subsection 3 must:

(a) Ensure that the structured settlement purchase company:

(1) Complies with the provisions of NRS 42.200 to 42.400 , inclusive, which relate to a payee; and

(2) Performs its obligations to a payee pursuant to NRS 42.200 to 42.400 , inclusive; and

(b) Provide a source for recovery for a payee if the payee obtains a judgment against the structured settlement purchase company for a violation of NRS 42.200 to 42.400 , inclusive.

1. In addition to any other requirements set forth in NRS 42.200 to 42.400 , inclusive, a natural person who applies for the issuance or renewal of a registration as a structured settlement purchase company shall:

(a) Include the social security number of the applicant in the application submitted to the Unit.

(b) Submit to the Unit the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.

2. The Unit shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the registration; or

(b) A separate form prescribed by the Unit.

3. A registration may not be issued or renewed by the Unit if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Unit shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 2021, 1723 )

1. If the Unit receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is registered as a structured settlement purchase company, the Unit shall deem the registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Unit receives a letter issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

2. The Unit shall reinstate a registration that has been suspended by a district court pursuant to NRS 425.540 if the Unit receives a letter issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

NRS 42.355 Notice of judgment against structured settlement purchase company; contents of notice. Not later than 10 days after a judgment is obtained against a structured settlement purchase company by a payee, the structured settlement purchase company shall file a notice with the Unit and, if applicable, the surety which issued the surety bond used by the structured settlement purchase company to satisfy the requirements of NRS 42.340 . The notice must contain:

1. A copy of the judgment;

2. The name and address of the judgment creditor; and

3. The status of the matter, including, without limitation, whether the judgment will be appealed or has been paid or satisfied.

(Added to NRS by 2021, 1724 )

1. The liability of the surety which issued a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 must not be affected by any:

(a) Breach of contract, breach of warranty, failure to pay a premium or other act or omission of the structured settlement purchase company; or

(b) Insolvency or bankruptcy of the structured settlement purchase company.

2. A surety which issued a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 and the structured settlement purchase company which obtained the surety bond shall not cancel or modify the surety bond during the term for which it is issued unless the surety or the structured settlement purchase company provides written notice to the Unit at least 20 days before the effective date of the cancellation or modification.

3. If a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 is modified so as to make the surety bond not comply with any provision of NRS 42.200 to 42.400 , inclusive, or the surety bond is cancelled, the registration of the structured settlement purchase company automatically expires on the effective date of the modification or cancellation unless a new surety bond, letter of credit or cash bond which complies with NRS 42.200 to 42.400 , inclusive, is filed with the Unit on or before the effective date of the modification or cancellation.

4. A modification or cancellation of a surety bond used by a structured settlement purchase company to satisfy the requirements of NRS 42.340 does not affect any liability of the bonded surety company incurred before the modification or cancellation of the surety bond.

NRS 42.365 Certain persons exempt from registration.

1. An assignee is not required to register as a structured settlement purchase company to acquire structured settlement payment rights or to take a security interest in structured settlement payment rights that were transferred by the payee to a structured settlement purchase company.

2. An employee of a structured settlement purchase company, if acting on behalf of the structured settlement purchase company in connection with a transfer, is not required to be registered.

NRS 42.370 Prohibited acts; remedies for violation.

1. A transferee, a structured settlement purchase company and an employee or other representative of a transferee or structured settlement purchase company shall not engage in any of the following actions:

(a) Pursue or complete a transfer with a payee without complying with all applicable provisions of NRS 42.200 to 42.400 , inclusive.

(b) Refuse or fail to fund a transfer after court approval of the transfer.

(c) Acquire structured settlement payment rights from a payee without complying with all applicable provisions of NRS 42.200 to 42.400 , inclusive, including, without limitation, obtaining court approval of the transfer in accordance with NRS 42.200 to 42.400 , inclusive.

(d) Intentionally file a structured settlement transfer proceeding in any court other than the court specified in NRS 42.395 , unless the transferee is required to file in a different court by applicable law.

(e) Except as otherwise provided in this paragraph, pay a commission or finder’s fee to any person for facilitating or arranging a structured settlement transfer with a payee. The provisions of this paragraph do not prevent a structured settlement purchase company from paying:

(1) A commission or finder’s fee to a person who is a structured settlement purchase company or is an employee of a structured settlement purchase company;

(2) To third parties any routine transfer expenses, including, without limitation, court filing fees, escrow fees, lien recordation fees, judgment and lien search fees, attorney’s fees and other similar types of fees relating to a transfer; and

(3) A reasonable referral fee to an attorney, certified public accountant, actuary, licensed insurance agent or other licensed professional adviser in connection with a transfer.

(f) Intentionally advertise materially false or misleading information regarding the products or services of the transferee or structured settlement purchase company.

(g) Attempt to coerce, bribe or intimidate a payee seeking to transfer structured settlement payment rights.

(h) Attempt to defraud a payee or any party to a structured settlement transfer or any interested party in a structured settlement transfer proceeding by means of forgery or false identification.

(i) Except as otherwise provided in this paragraph, intervene in a pending structured settlement transfer proceeding if the transferee or structured settlement purchase company is not a party to the proceeding or an interested party relative to the proposed transfer which is the subject of the pending structured settlement transfer proceeding. The provisions of this paragraph do not prevent a structured settlement purchase company from intervening in a pending structured settlement transfer proceeding if the payee has signed a transfer agreement with the structured settlement purchase company within 60 days before the filing of the pending structured settlement transfer proceeding and the structured settlement purchase company which filed the pending structured settlement transfer proceeding violated any provision of NRS 42.200 to 42.400 , inclusive, in connection with the proposed transfer that is the subject of the pending structured settlement transfer proceeding.

(j) Except as otherwise provided in this paragraph, knowingly contact a payee who has signed a transfer agreement and is pursuing a proposed transfer with another structured settlement purchase company for the purpose of inducing the payee into cancelling the proposed transfer or transfer agreement with the other structured settlement purchase company if a structured settlement transfer proceeding has been filed by the other structured settlement purchase company and is pending. The provisions of this paragraph do not apply if no hearing has been held in the pending structured settlement transfer proceeding within 90 days after the filing of the pending structured settlement transfer proceeding.

(k) Fail to dismiss a pending structured settlement transfer proceeding at the request of the payee. A dismissal of a structured settlement proceeding after a structured settlement purchase company has violated the provisions of this paragraph does not exempt the structured settlement purchase company from any liability under this paragraph.

2. A payee may pursue a private action as a result of a violation of subsection 1 and may recover all damages and pursue all rights and remedies to which the payee may be entitled pursuant to NRS 42.200 to 42.400 , inclusive, or any other applicable law.

3. A structured settlement purchase company may pursue a private action to enforce paragraphs (d), (g), (i), (j) and (k) of subsection 1 and may recover all damages and pursue all remedies to which the structured settlement purchase company may be entitled pursuant to NRS 42.200 to 42.400 , inclusive, or any other applicable law.

4. If a court determines that a structured settlement purchase company or transferee is in violation of subsection 1, the court may:

(a) Revoke the registration of the structured settlement purchase company;

(b) Suspend the registration of the structured settlement purchase company for a period to be determined at the discretion of the court; and

(c) Enjoin the structured settlement purchase company or transferee from filing new structured settlement transfer proceedings in this State or otherwise pursuing transfers in this State.

(Added to NRS by 2021, 1725 )

1. At the time an application is made under NRS 42.200 to 42.400 , inclusive, for the approval of a transfer of structured settlement payment rights, the application of the transferee must include evidence that the transferee is registered to do business in this State as a structured settlement purchase company.

2. Except as otherwise provided in this subsection, a transfer order signed by a district court of competent jurisdiction pursuant to NRS 42.200 to 42.400 , inclusive, constitutes a qualified order under 26 U.S.C. § 5891. If a transferee to which the transfer order applies is not registered as a structured settlement purchase company pursuant to NRS 42.200 to 42.400 , inclusive, at the time the transfer order is signed, the transfer order does not constitute a qualified order under 26 U.S.C. § 5891.

(Added to NRS by 2021, 1726 )

NRS 42.380 Required disclosures to payee. Not less than 3 days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14-point font, setting forth the following:

1. The amounts and due dates of the structured settlement payments to be transferred.

2. The aggregate amount of such payments.

3. The discounted present value of the payments to be transferred, which must be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the Applicable Federal Rate used in calculating such discounted present value.

4. The gross advance amount.

5. An itemized listing of all applicable transfer expenses, other than attorney’s fees and related disbursements, payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such attorney’s fees and related disbursements.

6. The effective annual interest rate, which must be disclosed in a statement in the following form:

On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ___ percent per year.

7. The net advance amount.

8. The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.

9. That the payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court.

10. That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights.

11. That the payee has the right to seek out and consider additional offers for transferring the structured settlement payment rights and should do so.

NRS 42.385 Approval of transfers of structured settlement payment rights. A direct or indirect transfer of structured settlement payment rights is not effective, and a structured settlement obligor or annuity issuer is not required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order based on express findings by the court that all of the following apply:

1. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents, if any;

2. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and

3. The transfer does not contravene any applicable statute or any applicable order of any court or other governmental authority.

(Added to NRS by 2021, 1727 )

NRS 42.390 Effects of transfer of structured settlement payment rights. Following a transfer of structured settlement payment rights:

1. The structured settlement obligor and the annuity issuer may rely on the transfer order in redirecting periodic payments to an assignee or transferee in accordance with the transfer order and is, as to all parties except the transferee or an assignee designated by the transferee, discharged and released from any and all liability for the redirected payments. The discharge and release is not affected by the failure of any party to the transfer to comply with NRS 42.200 to 42.400 , inclusive, or with the transfer order.

2. The transferee is liable to the structured settlement obligor and the annuity issuer:

(a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by the structured settlement obligor or annuity issuer as a consequence of the transfer; and

(b) For any other liabilities or costs, including reasonable costs and attorney’s fees, arising from:

(1) Compliance by the structured settlement obligor or annuity issuer with the transfer order; or

(2) The failure of any party to the transfer to comply with NRS 42.200 to 42.400 , inclusive.

3. The structured settlement obligor and the annuity issuer are not required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.

4. Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of NRS 42.200 to 42.400 , inclusive.

NRS 42.395 Procedure for approval of transfer of structured settlement payment rights.

1. An application under NRS 42.200 to 42.400 , inclusive, for approval of a transfer of structured settlement payment rights must be made by the transferee. The application must be brought in the district court of the county in which the payee is domiciled, except that if the payee is not domiciled in this State, the application must be brought in the court in this State that approved the structured settlement agreement.

2. A timely hearing must be held on an application for approval of a transfer of structured settlement payment rights. The payee must appear in person at the hearing, unless the court determines that good cause exists to excuse the payee from appearing in person.

3. Not less than 20 days before the scheduled hearing on any application for approval of a transfer of structured settlement payment rights pursuant to NRS 42.200 to 42.400 , inclusive, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization. The notice and application must include all of the following:

(a) A copy of the transferee’s application.

(b) A copy of the transfer agreement.

(d) The payee’s name, age and county of domicile, and the age of each of the payee’s dependents, if any.

(e) A summary of:

(1) All prior transfers by the payee to the transferee or an affiliate of the transferee, or through the transferee or an affiliate of the transferee to an assignee, within the 4 years immediately preceding the date of the transfer agreement;

(2) All proposed transfers by the payee to the transferee or an affiliate of the transferee, or through the transferee or an affiliate of the transferee, the applications for approval of which were denied within the 2 years immediately preceding the date of the transfer agreement;

(3) All prior transfers by the payee to any person or entity other than the transferee or an affiliate of the transferee or an assignee of the transferee or an affiliate of the transferee within the 3 years immediately preceding the date of the transfer agreement, to the extent that the transfers or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee; and

(4) All prior proposed transfers by the payee to any person or entity other than the transferee or an affiliate of the transferee or an assignee of the transferee or affiliate of the transferee, the applications for approval of which were denied within the 1 year immediately preceding the date of the current transfer agreement, to the extent that the transfers or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee.

(f) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing.

(g) Notification of the time and place of the hearing and notification of the manner in which and the date by which written responses to the application must be filed to be considered by the court, which date must not be less than 5 days before the hearing.

(h) Evidence of the transferee’s registration to do business in this State as a structured settlement purchase company.

(Added to NRS by 2021, 1728 )

NRS 42.400 General provisions; construction.

1. The provisions of NRS 42.200 to 42.400 , inclusive, may not be waived by a payee.

2. Any transfer agreement entered into by a payee who is domiciled in this State must provide that disputes under the transfer agreement, including, without limitation, any claims that the payee has breached the agreement, must be determined in and under the laws of this State. A transfer agreement must not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

3. A transfer of structured settlement payment rights must not extend to any payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for periodically confirming the payee’s survival and giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee’s death.

4. If the payee cancels a transfer agreement, or if the transfer agreement otherwise terminates, after an application for approval of a transfer of structured settlement payment rights has been filed and before it has been granted or denied, the transferee must promptly request the dismissal of the application.

5. A payee who proposes to make a transfer of structured settlement payment rights does not incur any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of NRS 42.200 to 42.400 , inclusive.

6. Nothing contained in NRS 42.200 to 42.400 , inclusive, shall:

(a) Be construed to authorize any transfer of structured settlement payment rights in contravention of any applicable law or to imply that any transfer under a transfer agreement entered into before October 1, 2021, is valid or invalid.

(b) Affect the validity of any transfer of structured settlement payment rights, whether under a transfer agreement entered into before or after October 1, 2021, in which the structured settlement obligor and annuity issuer waived, or have not asserted their rights under, terms of the structured settlement prohibiting or restricting the sale, assignment or encumbrance of the structured settlement payment rights.

7. Compliance with the requirements set forth in NRS 42.200 to 42.400 , inclusive, and fulfillment of the conditions set forth in NRS 42.200 to 42.400 , inclusive, are solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer, if any, has any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.

8. NRS 42.200 to 42.400 , inclusive, apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after October 1, 2021.

(Added to NRS by 2021, 1729 )

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Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves. Employee invention assignment agreements are one crucial tool for protecting intellectual property, but the laws governing them contain traps for the unwary. If the agreement is too narrow or ambiguous, it may allow inventions to slip away. Further, if the agreement fails to include certain provisions, it may be invalid in certain states.

The two most significant forms of employee-created intellectual property are patentable inventions and copyrightable works. The default rules for these creations are polar opposites. While copyrights are presumptively property of the employer, inventions are presumptively property of the employee. Invention assignment agreements are therefore necessary to ensure the employer obtains all of the rights to the greatest possible scope of its employees’ creations.

At least nine states have enacted statutes governing employee invention assignment agreements. Seven of those states – California, Delaware, Illinois, Kansas, Minnesota, North Carolina, and Washington – have nearly identical requirements. For example, California Labor Code § 2870 provides:

Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer.

The California statute and others also typically require the employer to notify the employee that the invention assignment agreement does not apply to an invention that does not qualify as the employer’s invention under the statute.

Making matters even more complicated, Nevada and Utah have unique variants of these statutes. Nevada Stat. § 600.500 makes patentable inventions presumptively the property of the employer. Utah Code § 34-39-1, et seq., by contrast, creates clear lines between “employment inventions” that are owned by the employer and inventions created on an employee’s own time that are not.

As a general rule, invention assignment agreements should be drafted to include language that mirrors the requirements of the seven states identified above because that will ensure the agreement is enforceable in those states and most others. Variations can be drafted for Nevada, Utah and any other states that may enact unique restrictions.

Agreements should also be drafted to encompass the widest range of intellectual property possible. In addition to inventions, conceptions, discoveries, improvements, and original works of authorship, the agreement should include an assignment of “know-how” and “ideas” learned or created by the employee while employed.

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Complaint for Divorce by Summons – Parties do not agree to ALL terms of the divorce and one party will be served divorce papers.

Complaint for Divorce by Publication – When one spouse is unable to locate the other spouse. You must have a last known address.

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Minor Child(ren) Information

Seminar for separating parents (“cope” class).

To help lessen the impact of the separation for any minor child(ren), the District Court requires separating parents to attend a co-parenting seminar, sometimes called the “COPE” Class.

The parents do not have to go to the class together, but both parents must take the class at some point before the court case is finished and file a certificate of completion with the court. Usually, the judge will not sign a final order until both parents have taken the class.

Classes are offered in English and Spanish. Parents can attend a 3 hour class in person, or can sign up for an online class that takes about 3-5 hours to finish. The class costs around $40-45/person. At the end of the class, parents will get a Certificate of Completion to file with the Court.

There are six Court approved class providers, listed bellow. Contact them to find out class schedules and to sign up.

Family Solutions (in person and online class): http://familysolutionslv.org/learn/#cope-online
Sagebrush Counseling Center (in person class): https://www.sagebrushcounselingservices.com/
BOSS Court Education (online class): https://bosscourteducation.com/
Online Parenting Classes (online class): https://nevada.onlineparentingprograms.com/
The Center for Divorce Education (online class): https://www.divorce-education.com/nv/clark/
Two Families Now (online class): https://www.twofamiliesnow.com/

GUARDIANSHIP . Before You Begin.

Who Cannot Be a Guardian A person cannot be appointed a guardian if:

• The person is incompetent (for instance, the person cannot take care of himself). • The person is a minor. • The person has filed for bankruptcy within the last 7 years. The court may appoint a person who has filed for bankruptcy if the guardianship is over the person only (meaning no money will be handled), or if there are no other suitable candidates to serve as guardian. The court may order additional safeguards to protect the person’s money. • The person has been convicted of a felony. The court may appoint a person convicted of a felony if the court determines that the conviction should not disqualify the person from serving as a guardian. • The person has been suspended or disbarred from the practice of law, accounting, or any other profession that involves the management of money and requires a state license. • The person has committed a crime of domestic violence, abuse, neglect, exploitation, isolation, or abandonment of a child, spouse, parent, or other adult. The court may appoint someone who has committed such a crime if the court finds it is in the best interest of the protected person to appoint that person the guardian.

For Non-Nevada Residents: There may be extra requirements for non-resident guardians to ensure the safety of the protected person. Of note, non-Nevada guardians must designate a “registered agent” in the State of Nevada to accept service of legal documents.

READY TO START? 1. Complete the appropriate worksheet as best as you can, then we can assist you further if needed. • Guardianship for an Adult • Guardianship for a Minor Child(ren) 2. Submit to NLF for preparation. 3. We will contact you upon completion of your documents for your review and approval. 4. We will schedule an appointment to sign all documents and go over any questions you may have. 5. We will then start filing your documents with Family Court and keep you informed as your case progresses through court.

DIVORCE. Before You Begin.

Nevada Residency Nevada has a residency requirement in order for file for divorce. One of the parties must live in Nevada for at least 6 weeks prior to filing for divorce and intend to remain in the state indefinitely.

Grounds for Divorce Husbands and wives who are divorcing usually are suffering enough without adding more fuel to the emotional fires by trying to prove who-did-what-to-whom. The laws of no-fault divorce recognize that human relationships are complex and that it is difficult to prove that a marriage broke down solely because of what one person did. Nevada is a “no fault” state, meaning there doesn’t have to be any particular reason why a person wants a divorce other than the parties are incompatible in marriage.

READY TO START? 1. Choose the appropriate worksheet and complete. Joint Petition for Divorce – when both parties agree on all terms of the divorce including: • Division of community property and community debt • Child Custody/Visitation/Support

• If there are children involved, you must complete the additional appropriate worksheet to determine child support. Please complete as best you can, then we can assist you further if needed. • Worksheet A if the parties are requesting Primary Physical Custody of the child(ren). • Worksheet B if the parties are requesting Joint Physical Custody of the child(ren).

Complaint for Divorce – when the parties do not agree on all terms of the divorce. Divorce by Publication – when your spouse cannot be located.

2. Submit to NLF for preparation. 3. We will contact you upon completion of your documents for your review. 4. We will schedule an appointment to sign all documents and go over any questions you may have. 5. We will then start filing your documents with Family Court and keep you informed as your case processes through court.

CHILD CUSTODY, PATERNITY, CHILD SUPPORT. Before You Begin.

Jurisdiction For a Nevada court to make any custody, visitation orders, Nevada must be considered the “home state” of the child(ren). This means the child(ren) must have lived in the State of Nevada for at least 6 months prior to filing for custody.

Child Custody When parents are married, custody, visitation, child support, visitation provisions are handled within the proceedings of a divorce. When parents are not married to each other, these provisions are handled within a custody or paternity case.

READY TO START? 1. Complete the following as best as you can, then we can assist you further if needed. • Child Custody Worksheet • Worksheet A if a party is requesting Primary Physical Custody of the child(ren). • Worksheet B if the parties are requesting Joint Physical Custody of the child(ren). 2. Submit to NLF for preparation. 3. We will contact you upon completion of your documents for your review and approval. 4. We will schedule an appointment to sign all documents and go over any questions you may have. 5. We will then start filing your documents with Family Court and keep you informed as your case progresses through court.

ANNULMENT. Before You Begin.

No Nevada Residency Anyone who was married in Nevada can file for an annulment in Nevada; neither person has to be a Nevada resident (a Nevada resident can also file for an annulment here regardless of where the marriage took place).

Annulment You can obtain an annulment in Nevada for any of the following grounds: • Lack of Consent of Parent or Guardian • Want of Understanding • Fraud • Spouses Are Closely Related • One Person Was Already Married

You will be required to prove your grounds for annulment. Meaning, whoever is filing for the annulment will have the burden to prove why the court should grant the annulment.

READY TO START? 1. Complete the Annulment worksheet. 2. Submit to NLF for preparation. 3. We will contact you upon completion of your documents for your review and approval. 4. We will schedule an appointment to sign all documents and go over any questions you may have. 5. We will then start filing your documents with Family Court and keep you informed as your case progresses through court.

ADOPTION. Before You Begin.

Nevada Residency One of the adults must live in Clark County, Nevada.

Adoption of a Child If two people want to adopt a child, they must be married or registered domestic partners. In all stepparent adoptions, the consent of the other birth parent is required. If the other birth parent’s parental rights have been terminated, a consent is not required. Our services involve the preparation of stepparent adoptions not non-relative adoptions.

Adoption of an Adult An adult may adopt another adult as long as: • The person adopting is older than the person being adopted; and • If either of the adults is married, their spouses will have to sign a consent.

READY TO START? 1. Complete the appropriate worksheet. Adult Adoption Minor Adoption 2. Submit to NLF for preparation. 3. We will contact you upon completion of your documents for your review and approval. 4. We will schedule an appointment to sign all documents and go over any questions you may have. 5. We will then start filing your documents with Family Court and keep you informed as your case progresses through court.

Navigating Breach of Contract and Defenses in Nevada

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In the business world, contracts serve as the bedrock of trust and accountability between parties. They outline obligations, expectations, and rights, ensuring that both sides of an agreement are protected. However, breaches of contract can and do occur, leading to disputes that require resolution. In Nevada, understanding the intricacies of breach of contract and the available defenses is essential for any business or individual engaged in contractual agreements.

Understanding Breach of Contract

A breach of contract in Nevada occurs when one party fails to fulfill its obligations as outlined in the contract. Breaches can take several forms:

Material Breach: This occurs when one party’s failure to perform a significant part of their obligations under the contract undermines the very purpose of the contract.
Minor Breach: Also known as a partial breach, this is when one party fails to fulfill a less crucial part of the contract.
Anticipatory Breach: This happens when one party indicates, through actions or words, that they do not intend to fulfill their contractual obligations before the due date.
Actual Breach: This is the most common form of breach, where one party simply fails to meet their obligations on the specified date.

Defenses to Breach of Contract in Nevada

When facing a breach of contract claim, there are several defenses available in Nevada. Understanding these defenses is crucial for protecting your rights and interests:

Lack of Capacity: If one party lacked the mental capacity or legal competence to enter into the contract, it can be used as a defense.
Mistake: A mistake in the contract’s formation, such as a mutual misunderstanding or misrepresentation, can be a valid defense.
Duress or Undue Influence: If one party was coerced or influenced unfairly into signing the contract, it may be voided.
Statute of Limitations: In Nevada, a plaintiff generally has six years to file a breach of contract lawsuit. If the statute of limitations has expired, it can be a successful defense.
Impossibility of Performance: If unforeseen circumstances make it genuinely impossible to fulfill the contract, this can be a defense against a breach claim.
Waiver: If the other party accepted performance that deviated from the contract’s terms in the past without objection, it may be considered a waiver and used as a defense.
Rescission: If both parties agree to cancel the contract due to issues or misunderstandings, this can serve as a defense.

Remedies for Breach of Contract

In Nevada, there are several remedies available to the non-breaching party:

Damages: The most common remedy, damages aim to compensate the non-breaching party for the financial losses incurred due to the breach.
Specific Performance: In cases where monetary compensation isn’t sufficient, a court may order the breaching party to fulfill their contractual obligations.
Rescission: The contract can be canceled, and the parties returned to their pre-contractual positions.
Reformation: If the contract contains errors or omissions, a court may rewrite it to reflect the parties’ true intentions.
Liquidated Damages: Some contracts include clauses specifying predetermined damages in case of breach. These are enforceable if they are reasonable and not a penalty.

Breach of contract disputes can be complex and emotionally charged, but understanding the legal principles surrounding them is essential for both parties involved. In Nevada, the law provides various defenses and remedies to protect the rights and interests of those facing or alleging a breach. Whether you’re a business owner, contractor, or individual entering into a contract, knowing your rights and obligations is crucial for navigating the world of contracts and ensuring justice in case of a breach. Consulting with the legal professionals at Enara Law, experienced in contract law in Nevada can be invaluable in these situations, as they can provide tailored advice and representation to help you achieve a fair resolution.

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The following outline provides a high-level overview of the FTC’s proposed final rule :

Specifically, the final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into noncompetes with workers after the effective date.
Fewer than 1% of workers are estimated to be senior executives under the final rule.
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This represents an estimated increase of 11-19% annually over a ten-year period.
The average worker’s earnings will rise an estimated extra $524 per year.

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Sierra Nevada wins $13B contract to build Air Force ‘doomsday plane’

The Department of the Air Force on Friday said it awarded Sierra Nevada Corp. a $13 billion contract to replace the service’s aging E-4B Nightwatch “doomsday planes” that would fly during a nuclear war.

The company will develop and produce the Survivable Airborne Operations Center, the name for the aircraft that will succeed the E-4B, and is expected to finish the work by July 10, 2036. The Air Force is obligating $59 million in research, development, test and evaluation funds to Sierra Nevada to start work on SAOC right away.

“The development of this critical national security weapon system ensures the department’s nuclear command, control, and communications capability is operationally relevant and secure for decades to come,” an Air Force spokesperson said in an email.

The E-4B, officially referred to as the National Airborne Operations Center, is designed to allow the president to direct forces in the event of a nuclear war or other devastating emergency that destroys command-and-control centers on the ground. The Air Force’s four E-4s have been flying since the 1970s and are approaching the end of their service lives.

Sierra Nevada’s contract to develop and produce SAOC will cover the delivery of engineering and manufacturing development aircraft, production aircraft, associated ground systems, and interim contract support, the Pentagon’s contract announcement said. The company will perform work on SAOC in Englewood, Colorado; Sparks, Nevada; Beavercreek, Ohio; and Vandalia, Ohio.

The Air Force said Sierra Nevada will build SAOC out of a hardened and modified version of a commercial derivative aircraft. And it will use a modular open system approach to include modern secure communication and planning capabilities.

SAOC’s ground support systems will include trainers for aircrew, mission crew, and maintainers, as well as ground support equipment, test and sustainment system integration laboratories, and other systems.

The contract includes cost-plus-incentive-fee, fixed price incentive and cost-plus-fixed-fee components, the Pentagon’s contract announcement said.

Stephen Losey is the air warfare reporter for Defense News. He previously covered leadership and personnel issues at Air Force Times, and the Pentagon, special operations and air warfare at Military.com. He has traveled to the Middle East to cover U.S. Air Force operations.

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LSU Tigers wide receiver Malik Nabers poses with NFL commissioner Roger Goodell

Grading New York Giants' 2024 NFL Draft

How good of a haul did the New York Giants walk away with in the 2024 NFL Draft?

Author: Brandon Olsen
Publish date: Apr 28, 2024

In this story:

The New York Giants entered the 2024 NFL Draft with six picks and were one of the only teams to not make a trade throughout the draft. With those picks, they addressed premium positions of need and added depth to the back end of their roster.

Round 1, Pick 6: LSU WR Malik Nabers

At the beginning of the draft, three quarterbacks, one receiver, and one offensive lineman were drafted with the first five picks.

That left the Giants with a decision to be the next team to reach for a quarterback or to take the best player available—they chose the latter.

Malik Nabers was the fourth best player on our Giants Country big board , as well as the second-ranked wide receiver in the draft behind the previously selected Marvin Harrison Jr. Nabers is immediately the most talented wide receiver on the Giants roster and should find himself as the top option for the duration of his rookie contract.

The Giants addressed a position of need while also grabbing the best player available: a massive win. Once again, Joe Schoen used his first draft pick on a premium position player. Grade: A+

Round 2, Pick 47: Minnesota S Tyler Nubin

The top safety in the draft is a New York Giant. Tyler Nubin has done it all at the college level and has the physical traits that should reasonably translate to the next level. This is one of the few times Schoen’s early pick was used on a non-premium position, but with the need on the roster and the importance in Shane Bowen’s defense, it was a necessity. Grade: A+

Round 3, Pick 70: Kentucky CB Andru Phillips

I wasn’t a big fan of the selection of Andru Phillips in the third round. I understand that he played a lot of Cover 3 and quarters at Kentucky, similar to what Giants defensive coordinator Shane Bowen called with the Tennessee Titans. What was missing from Kentucky was Cover 1, but just because someone hasn’t done something doesn’t mean they can’t do something.

My issue with the Phillips selection is that it feels redundant with Cor’Dale Flott on the roster and a more immediate need on the boundary. Unless the Giants feel that Flott or Phillips can play on the outside full-time, this is a depth pick in the third round. Grade: C-

Round 4, Pick 107: Penn State TE Theo Johnson

The Giants Country big board was very high on Theo Johnson despite his lack of production by college tight-end standards. The Penn State offense wasn’t favorable for any pass-catcher, especially for tight ends forced into pass protection.

Given the question marks surrounding Darren Waller’s future with the organization, the Giants were bound to make a selection at tight end. They walked away with someone who should be able to contribute early as an athletic pass-catcher while he gets more accustomed to the NFL game, which is something to be happy about. Grade: B+

Round 5, Pick 166: Purdue RB Tyrone Tracy

My main hesitation with the selection of Tyron Tracy is that he’s already 24 years old and has just started playing running back after spending most of his career as a wide receiver. I think he has the skillset to contribute as a pass-catcher, but I wish the Giants brought in a more natural runner who is a proven contributor between the tackles here.

Tracy may become a great asset at this pick, but as it currently stands, I think the Giants need significant development in the running back room to have a good room. Grade: C+

Round 6, Pick 183: UCLA LB Darius Muasau

Darius Muasau is the kind of linebacker I envision as someone who won’t be a significant impact player on a down-to-down basis but could find his way onto the field rotationally and should play on special teams. Muasau played in a defensive system that was fairly similar at the linebacker spot to Bowen’s scheme, which immediately raises his floor. Grade: C

Overall Grade

The Giants hit home runs with their first two picks and got great value with the Johnson pick in the fourth round, but they also made some uninspiring picks. Nailing the early picks matters more than a few average picks, so Giants fans should be happy with the draft's overall results. Grade: B+

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Sierra Nevada Wins U.S. Air Force Nightwatch Replacement Contract

SNC rendering of a 747 in its new hangar complex in Dayton, Ohio.

The U.S. Air Force has awarded Sierra Nevada Corp. (SNC) a $13 billion contract for its Survivable Airborne Operations Center (SAOC)—a contract that is by far the largest program for the privately held company.

SNC beat out traditional prime contractor Boeing for the program, which will replace the current E-4B Nightwatch fleet. The award is notable as SNC, whose traditional programs have been smaller aircraft modifications, will likely modify Boeing ’s own 747-8i aircraft for the fleet.

The cost-plus-incentive fee contract, with a fixed-price-incentive-firm target, includes an initial award of $59 million. It covers the development and production of the SAOC Weapon System, including delivery of engineering and manufacturing development (EMD) aircraft, associated ground systems, production aircraft and interim customer support. Work is expected to be completed by July 2036.

The Air Force in a statement said development of SAOC is critical to ensure the nuclear command, control and communications capability. The commercial-derivative aircraft will be hardened and modified to meet military requirements. It will also integrate secure communications and planning capabilities with modern information technology.

Aviation Week first reported in August 2023 that Sierra Nevada Corp. was competing for the contract. The company built a new 90,000 ft. 2 maintenance, repair and overhaul hangar. It plans to have four of the hangars, plus a 120,000-ft. 2 paint facility. The construction is self-funded ahead of the SAOC program, along with potential work under the U.S. Navy’s E/A-XX Take Charge and Move Out program. For the latter competition, SNC has teamed with Collins Aerospace.

In a statement at the time, SNC said its position as a midtier, privately held company helps it remain competitive with speed and agility.

“We are small enough to be agile, but large enough to succeed with a highly skilled, motivated workforce,” SNC says.

The SAOC award is cost-plus for EMD, as the Air Force has largely moved away from fixed-price development. The contract’s nature is notable, as in December Boeing announced it was no longer in the running for the program under the current request for proposals, but it was not completely withdrawing if the conditions under the RFP changed.

“We are approaching all new contract opportunities with added discipline to ensure we can meet our commitments and support the long-term health of our business,” the company said at the time. “We remain confident our SAOC approach is the most comprehensive, technically mature and lowest-risk solution for the customer and Boeing .”

Attention at the time focused on the company’s position that it would avoid fixed-price development, but the cost-plus nature of SAOC does not apply.

Ahead of the contract, Lt. Gen. Richard Moore, the deputy chief of staff for plans and programs, told Aerospace DAILY that the small fleet planned for SAOC means that essentially the entire fleet is EMD aircraft. There would not really be a shift to fixed-price procurement since the fleet is so small.

“There is no one-size-fits-all contract, and part of the art of acquisition is picking the right contract for the right purpose,” he said in January.

A major sticking point with SAOC has been the procurement of intellectual property (IP) for long-term sustainment. Since the fleet is small, the long-term profit for contractors is in the support.

“The goal for us is to buy only the IP that we need. We want to buy the IP that we need for sustainment based on whatever the sustainment model is, but no more,” Moore says. “So, in the E-4B replacement, that’s a 747 platform. We don’t need the design of the wing, proprietary information that’s Boeing proprietary for a good reason. What we do need is the ability to maintain the airplane according to the sustainment concept that’s in the acquisition strategy, and we have to buy all of that.”

The Air Force has stood up a new office at Wright-Patterson AFB, Ohio, to focus on procuring intellectual property, Moore says.

SNC said in an August statement that the company’s history of aircraft modifications—including a recent program with Air Mobility Command that involved in-depth scans of its aircraft for communications modifications—highlights its different approach to sustainment.

“That really sets us apart in the industry,” the company says. “We create a digital data package, which is then shared with the government in full. This empowers the customer and significantly reduces life cycle sustainment and modification costs through competition.”

Ahead of the award, Air Force officials have raised concerns about the cost of SAOC increasing. In recent testimony to lawmakers, Air Force Secretary Frank Kendall says the price is increasing to the point where it is putting pressure on the broader Air Force budget.

The service is requesting $1.69 billion in its fiscal 2025 budget for research and development, with $9 billion planned over the next five years.

Andrew Hunter, the service’s assistant secretary for acquisition, told Aerospace DAILY in an April 16 interview that the service has not conducted its Milestone B process that would baseline the cost. However, there have been changes in the cost expectations since the first assumptions were made in the SAOC program’s early stages.

“In this case, of course, it costs more than we thought. So it’s still meaningfully different, but some of it is just what assumptions were used in putting together the funding profile. In the case of SAOC, there were just things that were left out,” Hunter says. “There were just program costs that weren’t recorded.”

Brian Everstine is the Pentagon Editor for Aviation Week, based in Washington, D.C. Before joining Aviation Week in August 2021, he covered the Pentagon for Air Force Magazine. Brian began covering defense aviation in 2011 as a reporter for Military Times.

U.S. Air Force (USAF)