Leah Martin Law

Congratulations to Our 2026 Top Rank Nevada Business Attorneys

2026-06-10T18:15:15Z

Congratulations to our attorneys featured in the 2026 Nevada Business Magazine Top Rank Attorneys issue! Your commitment, expertise, and dedication to the community have truly earned this recognition. Wishing you continued success in the legal industry! To learn more about Nevada Business Magazine’s Top Rank Attorneys issue, click here.

The In Your Business Podcast: Conversation with Leah Martin

2026-04-08T18:48:37Z

Mar 25.2026 (32 min 19 sec)

The In Your Business Podcast

A show by Jeff Maren and Allison Adams.

Instagram: https://www.instagram.com/theinyourbusinesspodcast/

Understanding Arizona’s New Litigation Financing Law: What Businesses Need to Know

2026-03-23T19:14:30Z

Our Phoenix business lawyers regularly counsel clients on how changes in Arizona law can influence their litigation strategy and commercial exposure. Effective January 1, 2026, Arizona Senate Bill 1215 (SB 1215) introduces comprehensive consumer protection and disclosure requirements for litigation financing agreements. This significantly alters the landscape for third-party funding in civil actions. In this blog, we’ll go over what Arizona business owners and their legal counsel need to know about this new legislation.

What is Litigation Financing and Why is this Important?

Litigation financing involves a third party (a "litigation funder") providing funds to a plaintiff in exchange for a portion of any financial recovery . While this approach can help even the playing field against defendants with significant capital, SB 1215 intends to increase transparency and prevent exploitation. SB 1215 applies to any civil action, administrative proceeding, or claim pending or commenced on or after January 1, 2026 . Here are the critical sections every Phoenix business owner should understand:

Mandatory Disclosure

Within 30 days after an action commences, parties or their counsel must disclose whether they have entered into a litigation financing agreement and name the litigation financier. This admission is mandatory without awaiting a discovery request . This is a continuing requirement, triggered again if a new agreement is signed or an existing one is amended.

Prevention of Funder Control

The law explicitly prohibits a litigation financier from directing, strategizing, or making any decisions regarding the lawsuit. This includes decisions about appointing or changing counsel, choice of witnesses, and litigation strategy. The named party and their counsel of record retain all rights to manage the lawsuit. Additionally, a funder cannot collect a larger share of the proceeds than the funded party.

Protection Against Foreign Influence

Notably, SB 1215 prohibits litigation financiers from providing funding that is directly or indirectly financed by a "foreign entity of concern" (as identified by federal regulations or the Arizona Governor). This allows parties to seek discovery regarding whether any owner or investor in the financier is a foreign party of concern.

Consequences of Non-Compliance

Infringement of these requirements is deemed an unlawful practice under the Arizona Consumer Fraud Act. Furthermore, any litigation financing agreement found to be in violation of the law is voidable, and courts may impose sanctions for failure to make required disclosures.

Why This Matters for Your Business

If your company is involved in litigation—whether as a plaintiff or defendant—this law creates strategic considerations: For Plaintiffs: If you are considering litigation funding to pursue a claim, you must be prepared for early disclosure of the funder’s identity. Having a Phoenix business lawyer review a lawsuit loan agreement is recommended before accepting any litigation funding. For Defendants: You now have a legal right to know if your opponent is backed by a third party. This knowledge can be crucial in settlement negotiations and trial strategy. You may also appeal for additional information if you believe a funding agreement may impact your rights or proprietary information. Consulting with a Phoenix business lawyer is recommended as they will be able to identify your legal options to protect your business interests.

How a Phoenix Business Lawyer Can Help

Navigating these new disclosure requirements is essential to avoiding penalties and protecting your interests. As dedicated Phoenix business lawyers, we can help you ensure compliance, develop a legal strategy, and address any financing disclosures. If your business is currently involved in litigation or considering third-party funding, contact our office today to discuss how SB 1215 affects your rights and obligations.

Changes to Nevada Lawsuits in 2026

2026-03-11T17:11:53Z

The start of a new year often brings new laws, and for anyone involved in civil litigation in Nevada, January 1, 2026, marks a significant shift. The passage of Assembly Bill 3 (AB3) has transformed the state’s Alternative Dispute Resolution (ADR) programs. The bill changes how civil cases will be handled in court. Whether you are a business owner, an individual considering a lawsuit, or someone currently involved in a dispute, understanding AB3 is critical. We’ll break down the main changes and, more importantly, why you cannot afford to navigate this new legal landscape without an experienced Nevada attorney. AB3 changes Nevada's Mandatory Arbitration and Short Trial programs. The bill proposed to update the program that hadn't been substantially revised in nearly two decades . Due to rising litigation costs, the old $50,000 cap for mandatory arbitration was clogging up the district courts with cases. This also lengthened the amount of time it takes for cases to move through the Nevada court system. AB3 was passed to cure that issue, but the final version includes important amendments that go beyond the monetary cap change.

Main Changes Under Nevada’s Assembly Bill 3

1. Monetary Cap Raised to $100,000.

This means that most civil cases where the amount in question is $100,000 or less will now be diverted from the district court and into the arbitration program. This affects a broad range of disputes, including breach of contract, property damage, and other commercial lawsuits.

2. Attorney’s Fees Cap Increased to $15,000.

Parties looking to implement any Alternative Dispute Resolution clauses in their contracts must take into account the increase in attorney fees. You can find out more information about Alternative Dispute Resolution clauses here.

3. New Automatic Exemptions from Arbitration.

Current cases that are automatically exempt from arbitration include:

Class Actions.
Probate Actions.
Domestic Relations.
Real Estate Title Actions.
Declaratory Relief actions.
Medical/Dental Malpractice.
Equitable/Extraordinary Relief actions.
Business Court Actions.
Construction Defect Actions.
Incarcerated Party Actions.
Alternative Dispute Resolution (ADR): Cases already submitted to ADR by written agreement.

AB3 adds new categories of cases that are automatically exempt from arbitration. These include:

Insurance Bad Faith Actions.
Sexual Assault/Battery.
Product Liability Actions.

Navigating the New Rules with a Nevada Attorney

An attorney will help you identify the strategic pros and cons of each path based on the unique facts of your case. As a plaintiff, just because your case could fall under the new arbitration rules doesn't mean it has to. Your attorney will know how to properly plead and argue for an automatic exemption from arbitration. Conversely, if your company is a defendant in a case which could lead to significant exposure, your attorney can fight to keep it in arbitration. An experienced attorney will also be able to accurately assess your potential exposure or recovery regarding attorney’s fees, which is now five times higher than it was just last year . This will directly impact settlement negotiations and the decision to request a trial de novo (a new trial in district court) if you are not satisfied with the arbitration award. The new rule has created potential inconsistencies and lawful questions that only an experienced practitioner will recognize. It is recommended to contact local attorneys, such as a Las Vegas business attorney or business counsel in Reno, as they will be more familiar with how local courts are addressing these new changes. While AB3 aims to streamline justice and alleviate court congestion, it may also produce a more complex and strategic environment for business disputes.

Moving Your Business to Nevada Under the Model Entity Transaction Act

2026-03-06T20:00:27Z

The Model Entity Transaction Act or META is a uniform model law, drafted by the Uniform Law Commission, which provides an outline for business licensing transactions across different state lines and entity types. META’s objective is to solve the historical problem arising from each state having its own collage of rules for mergers, conversions, and domestications, often creating ambiguity, resistance, and unforeseen legal pitfalls when a business wants to move from one state to another.

META and Non-META States

States like Nevada and Arizona have existing versions of META guidelines in their statutes. This creates a predictable route for businesses moving in and out of these states. When both the home state and new state have META based laws, the process is more simplified. These states will usually require specific documents such as a “Plan of Domestication” and “Articles of Domestication” when filing with the state’s designated licensing department. In addition to standardized documentation, specific laws such as Nevada (NRS Chapter 92A) and Arizona (ARS Title 10, Chapter 13; Title 29) are robust, META-inspired domestication laws. Non-META states lack a clear, straightforward procedure for the domestication of corporations or LLCs. In these states, the leading method to change an entity's home state is a "cross-state merger" or "statutory conversion" into a new entity in the target state. Some known non-META states include:

1. California 2. Kansas 3. Massachusetts 4. Mississippi (for corporations; allows LLC domestication) 5. Missouri 6. New York 7. Pennsylvania (not full domestication)

It’s recommended to check with attorneys licensed in these states as state laws and regulations have ongoing legislation when faced with federal guidelines. For a more detailed, step-by-step, look into domestication into Nevada check out our previous blog here: Moving Your Business Entity To Nevada. The Model Entity Transaction Act is a modern law designed to make business decision making easier when it comes to relocating your company for better rules, lower taxes, or other strategic advantages. However, it is a serious undertaking, and expert legal guidance is recommended. Contact a Nevada business attorney today if you are interested in moving your company to Nevada.

What is NRS 49.075?

2026-01-02T19:18:06Z

Nevada Revised Statute 49.075 defines the attorney-client privilege for corporations, partnerships, limited liability companies, associations, and other business entities. This statute protects confidential communication between the entity's representatives (like officers, directors, or employees) and its attorneys from being disclosed in legal proceedings. We’ll cover more about Nevada’s attorney-client privilege in this blog and help explain why your business needs a licensed Nevada attorney. Understanding the legal protections available is not just good business practice, it's a key factor in risk management. In Nevada, one of the most crucial yet often overlooked statutes is NRS 49.075, which controls the attorney-client privilege for corporations and other business entities. This regulation is a great example of why working with a licensed business lawyer in Nevada is not a simple formality, but a fundamental business practice. It’s important to note that NRS 49.075 has specific nuances. The privilege belongs to the organization, not the individual owner or employee. We’ve discussed supporting documents that help define this separation in a previous blog: operating agreements for a Nevada LLC. Attorney-client privilege only goes into effect when communication is made for securing legal advice for the business, and it can be waived if not correctly handled. Not every conversation with a lawyer is protected, and the privilege may not apply if communication is shared too broadly within or outside the company.

The Need for a Nevada Business Lawyer

The expertise of a Nevada business lawyer is often indispensable. A local Nevada attorney doesn't just understand NRS 49.075; they have first-hand experience with how Nevada courts interpret and apply it. Here’s how proper legal counsel can help your Nevada business:

1. Preserving Your Privilege

A licensed Nevada attorney safeguards classified communications about legal strategy, compliance disputes, or litigation which falls squarely within the protections of NRS 49.075. They will advise on which employees are considered "representatives" under the statute and establish protocols to prevent unintended waiver of the privilege. Without this counseling, you might believe a conversation is confidential, only to have a court order its disclosure during trial where it could become a legal detriment to your business.

2. Valid and Reliable Legal Advice

The Nevada Supreme Court, under NRS 49.095, has held that only communication with duly licensed attorneys is protected under privilege. Using an out-of-state attorney not licensed in Nevada for Nevada matters, or relying on a non-lawyer consultant, strips away this vital protection. Everything discussed could be exposed in Nevada courtrooms by opposing parties in litigation.

3. Proactive Risk Management and Strategy

Your business attorney is more than a problem-solver; they are a strategic legal partner. By engaging a business lawyer in Nevada for ongoing counsel, you create a continuous stream of privileged communication where you can privately discuss everything from expansion plans and employment issues to regulatory compliance. This valuable relationship allows you to detect and alleviate risks before they become expensive lawsuits.

4. Navigating Nevada-Specific Business Regulations

Nevada has distinctive business statutes, from its prominent corporate law (NRS 78) to its LLC provisions. A Nevada business lawyer is fluent in this environment. They can prepare your operations, contracts, and corporate governance to increase protection and decrease liability under Nevada law, ensuring that your attorney-client communications are just one part of a well-built legal foundation.

5. In-Court Representation and Enforcement

If your privilege is contested, you need a lawyer who can argue its application before a Nevada judge. A local licensed Nevada attorney has the familiarity and knowledge to effectively fight for your rights in the courtroom. A legal professional will be able to cite relevant Nevada case law and procedural rules that can have a major impact in protecting you and your business interest in court.

An Investment in Confidentiality and Security

NRS 49.075 is a powerful tool, but it is most effective when utilized with licensed Nevada business attorney. Its protection depends on proper application and accordance to legal standards. For any Nevada business owner, or soon to be owner: what you don’t know can hurt you. High quality Nevada business law firms will usually offer free consultations for businesses that take their legal security seriously, as they know they will be a good fit to partner with when it comes to long-term legal strategy. Hiring a licensed Nevada business lawyer is an investment in the confidentiality of your business decisions and the long-term security of your company. It ensures that your most sensitive business conversations remain private. Treat sensitive business information properly—secure it with qualified local counsel today.

How to Request a Nevada Lien UCC Search 2026

2026-01-08T21:47:24Z

The Nevada Secretary of State has implemented a new UCC search module. Beginning, December 9th, 2025 SilverFlume users will be able to utilize the new UCC module in ORION (Nevada’s new business portal). We’ll go over everything you need to request and receive copies of UCC liens or certificates in Nevada, also known as filing a UCC-11 Search and Copy Request.

1. You’ll need a Silverflume account to get started. You can create a new account here: https://www.nvsilverflume.gov/

2. Then head over and log into, with your SilverFlume login info, to the new ORION business portal: https://projectorion.nv.gov/. At the time of publishing this blog, other business-related services can still be found in SilverFlume. The new UCC module is the Nevada Secretary of State’s first step to remove SilverFlume in late summer 2026.

3. Once logged in, click on “Start a New Filing or Search” and select “I would like to file UCC-11 - Search and Copy Request.” and click “Continue.”

4. Enter your search parameters in the “Search” page. Here is a video from the Secretary of State that explains the UCC-11 search parameters.

5. If the debtor is a company, you may want to search for the business name and confirm the spelling as it is listed with the Nevada Secretary of State via the SilverFlume business search tool here: https://esos.nv.gov/EntitySearch/OnlineEntitySearch

6. Once you’ve entered your search parameters, review the “Copy Request Fee” page and identify the Number of Certificates and Number of Pages found. You can continue and review the final “Review” page which includes the parameters and fee details.

7. After you submit payment, you should receive an email or notification in ORION that your search results are ready. From here:

• go to “My Purchases” • under the “Action” tab click the three dots icon • then click “Download UCC 11 Data”

It’s always good business practice to periodically search for any UCCs filed against you. If you need help interpreting any Nevada UCC filings, call a Nevada business attorney today and get the legal advice needed for your company.

Your Trusted Business Law Firm

2025-12-10T20:37:27Z

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Thanks for your continued support, from your premier business law firm!

Hey, seasons greetings from all of us at Leah Martin Law! We truly appreciate your continued support and we hope this holiday season brings you much prosperity and success! Also, check out our top 5 most popular business law blogs of 2025. Thanks for checking out our newsletter!

How To Respond To A Lawsuit Experienced attorneys can help protect your business interests, navigate complex legal processes, and achieve favorable outcomes. Learn how to safeguard your business while ensuring legal compliance in the early stages of a lawsuit. Click here to read more.

New Restricted Contractor’s License in Nevada People lacking extensive experience, but having the capacity and hunger to do business, will now have the opportunity to legally accept jobs as a licensed professional in their trade. Click here to read more.

What to Do When You Receive a UCC Lien in Nevada A Nevada business attorney can confirm compliance with state laws and provide advice on protecting your interests in the event of a disputed UCC. Click here to read more.

What is a Mutual Release Agreement? Are you in need of a legal document to end a business dispute? You may want to consider a Mutual Release Agreement. Click here to watch.

Steps to Domesticating Your Business to Nevada Nevada is home to a robust and growing entrepreneurial network. The state’s commitment to its professional community can be pivotal in helping businesses thrive, making Nevada a compelling choice for relocation. Click here to read more.

When Your Company is a Defendant in a Nevada Lawsuit

2025-10-30T20:24:12Z

It’s a scary moment no business owner ever wants to experience: the official notice that your company is being sued. The envelope arrives, and the words "Civil Action" or "Summons" stare back at you as you try to make sense of the document. If your Nevada business is in this situation, just know that this is not the time to panic or ignore the problem, hoping it will go away. Your next steps will influence your business, and with the right preparation, you can be confident in dealing with this commercial dispute. The initial shock must be followed by decisive action. In the Nevada court system, deadlines are strict, and failing to answer the complaint can have devastating consequences, including a default judgment against your company. We’ll cover what this means for your business and, most importantly, why partnering with an experienced Nevada business law firm is not just an expense—it’s an essential investment in your company.

The Nevada Legal Landscape: Why It’s Unique

Nevada has its own specific set of business laws, procedures, and court systems (the busiest being Clark County District Court in Las Vegas or Washoe County in Reno). A law firm well-versed in Nevada’s business environment has an established professional relationship with the local court system and understands the nuances that a general practitioner might miss, including:

Nevada’s Modified Business Judgment Rule: This governs how corporate directors and company owners are protected when making decisions. Because of this rule, liability must be strictly defined in the company’s governing agreements, such as operating agreement for LLCs and bylaws for corporations.

Separate Legal Entities: Corporations and LLCs are legally separate from their owners in Nevada. This means a court requires a licensed attorney to act on the entity's behalf, not the owner.

Rule 4.2: A lawyer shall not communicate with a person they know to be represented by another lawyer in the legal matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Specific Contract Laws: Nevada has its own statutes concerning contract enforcement, warranties, liabilities, and commercial transactions.

The Critical Steps a Business Law Firm Will Take

Once you retain a law firm, they will notify all parties of their representation to protect your and your business’ interests. Your attorneys will analyze the complaint for you. They can quickly identify the plaintiff’s actual claims (e.g., breach of contract, negligence, fraud). Once the attorney organizes the timeline of events, they can begin separating emotion from facts and start building a defense. In Nevada, you typically have 20 days after being served to file a formal, written "Answer" with the court. This document is your chance to admit or deny each allegation made against you in the complaint. An incorrectly drafted Answer can surrender critical defenses or admit to things you didn't intend to. Your legal team should aim to draft this precisely, with the best possible outcomes in mind. Once you enter the “Discovery” phase, it is time to gather critical evidence and bolster your legal defense. Your lawyers will handle requests for documents, depositions of key witnesses, and interrogatories which all have specific processes in Nevada. They will know what information to demand from the opposing side to strengthen your position and object to broad or intrusive requests that could harm your case and your business.

Exploring All Defense, Negotiation, and Resolution Avenues

A good law firm doesn’t just prepare for a costly trial; they will immediately explore a “Motion to Dismiss” if the lawsuit is legitimately flawed. Our firm can quickly identify if this is a plausible approach, even if it’s because of a legal technicality. If granted, the judge will throw out the lawsuit entirely. Other options include settlement negotiations which tend to be the most cost-conscious and business-savvy path. Your attorney will act as skilled negotiator, while still protecting your business in the lawsuit, working to resolve the disagreement in a way that reduces harm to your finances and reputation. Another solution involves Alternative Dispute Resolution (ADR). You’ve probably heard of an ADR clause in our previous blogs. An ADR clause often involves mediation or arbitration which is strongly encouraged by the Nevada courts. Your attorney can advise you on whether this is a favorable path for your business and its legal goals. Being sued is a serious challenge, but it is a challenge that can be met and managed with the right preparation. The most important decision you will make after being served is choosing the right legal partner. If your Nevada business has been named in a lawsuit, don’t delay. Contact a Nevada business law firm today for a confidential consultation. Let a legal professional assess your case, explain your options, and take the first step in defending the company you’ve dedicated serious time and effort building.

Preparing for the New Restricted Contractor’s License in Nevada Senate Bill 130 (SB130)

2025-09-15T22:03:15Z

The Nevada State Contractors Board announced on August 20, 2025, that Governor Lombardo would sign Senate Bill 130 (SB130) on Tuesday, September 2, 2025. With the approval of SB130, a new pathway to licensure is now available for individuals with less experience than a licensed contractor. People lacking extensive experience, but having the capacity and hunger to do business, will now have the opportunity to legally accept jobs as a licensed professional in their trade.

Current Non-restricted Contractor's License

Currently, a non-restricted licensed contractor is required by the Nevada State Contractors Board (NSCB) to have at least, four (4) years of experience as a journeyman, foreman, supervising employee, or contractor in the specific classification requested. This qualified individual is also required to pass the written Business and Law (Construction Management Survey exam) and trade examinations in their field, unless he or she meets the requirements for a waiver. Once this qualified individual is approved for a non-restricted contractor’s license, the NSCB will also determine the amount of their bond requirement. This bond can vary, up to $500,000, based on the type of license, experience, monetary limit, financial responsibility, and character of the applicant.

New Restricted Contractor's License

With the new restricted license, the NSCB requires at least two (2) years of experience, instead of four (4) years for the non-restricted contractor’s license, as a journeyman, foreman, or supervising employee. The individual applying for the restricted license will still be required to complete a course in business counseling or a similar curriculum, at least one (1) year prior to applying. The individual must also file a surety bond, or cash deposit, set by the NSCB at a minimum of $2,000. With a restricted license, the scope of work is limited to residential properties. Specifically, the work will be limited to the remodeling and improvement of a single-family residence or residential unit, no more than three stories tall and one story below ground. Lastly, the monetary limit for a restricted license is $7,000, which includes labor and materials, or a higher amount approved by the NSCB.

Additional Information on the Restricted Contractor's License

The applications for a restricted contractor’s license will be available on October 1, 2025, according to the NSCB. If a person with a restricted license does not receive complaints for two (2) years, they may apply for a non-restricted contractor’s license. Individuals applying for this new license should consider discussing their licensing with a Nevada contract attorney. A contract attorney will be able to create agreements between the holder of the new restricted license and their clients in accordance with the new laws while ensuring proper legal protection in the state of Nevada. Having a proper contract in place, along with the proper license, will help set your business up for success.