Las Vegas Injury Lawyers Blog

A Nevada lobbyist, accused of embezzling from his former partners, has filed a $180 million business lawsuit countersuit.

In 2004, F. Harvey Whittemore, a Nevada lobbyist, and an entity his family owed, sold 50% of their ownership in various companies to several entities owned by Thomas Seeno, a California developer. In 2005, Whittemore and Seeno transferred all their interests in these entities to two new entities - Wingfield Nevada Group Holding Company LLC and The Foothills at Wingfield, LLCs. In 2007, Seeno's son, Albert D. Seeno, Jr., bought a part of Whittemore's interest in Wingfield. The three men then executed an agreement appointing each of them as co-managers of Wingfield. The agreement also required any transactions over $5 thousand to be approved by all three owners.

In the fall of 2010, the Seenos noticed discrepancies in Whittemore's financial records. After they confronted him, Whittemore admitted and signed a written "confession" regarding his malfeasance. The "confession" stated, among other malfeasances, that
Whittemore had misappropriated Wingfield money for personal use, improper financial dealings, extra compensation, and political donations. Whittemore also acknowledged that he diverted Wingfield investment money and other company assets for his own personal use.

The Seenos, as co-owners of the new entities, filed a business litigation lawsuit on behalf of the new entities against Whittemore, his wife Annette, and various other entities that profited or may have profited from Whittemore's malfeasance. The suit, filed in the District Court of Clark County, Nevada in January 2012 alleges Whittemore engaged in a breach of his fiduciary duties, fraudulent concealment, civil conspiracy, breach of contract, tortuous breach of the implied covenant of good faith and fair dealing, unjust enrichment, conversion, and intentional interference with prospective economic advantage.

Last week, Whittemore and his wife Annette filed a counter business lawsuit against the Seenos claiming the Seenos "are associated with organized crime networks, have associated with and are associating with known felons and are currently, along with the Doe defendants, under investigation by the FBI and IRS, and were raided by agents of the FBI, IRS, and the Secret Service." Whittemore also claims the Seenos are intentionally devaluing the assets of the new entities.

Whittemore also acknowledges that he has transferred personal assets to the Seenos, but claims the transfers were because the Seenos threatened Whittemore, his wife, and family with intimidation and bodily harm, and not because he is guilty of embezzlement, fraud, or any other criminal activity. The Whittemores demand punitive damages of $180 million for racketeering, contract, fraud, conspiracy and conversion.

The FBI is now investigating whether Whittemore funneled thousands of dollars in illegal campaign contributions through his family and business employees.

Continue reading "Nevada Lobbyist Files a Business Litigation Countersuit against Former Business Partners" »

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

The United States enjoys a high level of intellectual property law and its enforcement. We can afford some success of our country to intellectual property law, which is essential to the progress and movement of our economy. Copyrights and patents allow for people to proceed with their business without worrying about having their ideas stolen. This area of the law provides a safe haven and foundation that is necessary if society is to build itself up.

In countries that have weak intellectual property rights or enforcement, many people are discouraged to come up with new products. The logic, which is easy to follow, is "If I develop a new product or a new idea, someone can easily steal it and I will be put out of business." Weak patent laws therefore compound the problems of emerging nations, which wish to be competitive in the global economy.

Recently Orrin Lynn Tolliver was awarded $1,200,000 in a lawsuit regarding his intellectual property. Tolliver is a disc jockey and a former rap artist who had worked with a friend, James McCants, to produce a song called "I Need A Freak." After the song had been completed it was registered with BMI and Tolliver was given credit as the songwriter and was to be paid 75% of royalties. Despite this agreement, the song was released on a compilation titled "In Da Beginning...There Was Rap" which induced Tolliver to issue a cease-and desist letter. However, McCants said that he had not issued a license for the compilation. Tolliver's song was then sampled by the Black Eyed Peas on their song "My Humps." It was this act that forced Tolliver to sue McCants for copyright infringement.

During the case McCants frequently changed his story about the reasons for why he had not issued the 75% of royalties that he had promised. He tried to say he owned the song, that he didn't issue a license and finally that the song was never sampled to begin with. The judge rule in favor of Tolliver and a jury awarded him $816,877.28 for profits and $368,704.31 for copyright infringement.

It only makes sense that if you make or produce something then it should belong to you. This is the premise of intellectual property law and it hold the most true when another is profiting off of your work. Frequently people have their ideas and work stolen and as decided by a judge McCants was exactly guilty of this. It is unethical to take someone else's work and receive the benefits for yourself but fortunately within our country it is also illegal and there are legal remedies to receive what you are justly owed.

A full article can be found here: DJ wins $1 million in lawsuit over "My Humps" song

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has a business related dispute and would like to be represented by a Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Having a dream and living it are two very different things. It takes courage and determination to make your dream happen. For many people we never get to see our dreams come true or even have the chance to experience them. For others they refuse to give up until they achieve their goals. We live a life of privilege and opportunity within the United States where most dreams are within reach if we work hard enough. Many countries around the globe do not have this support system or opportunity; if you are born destitute you forced to stay that way until you die.

Large quantities of people seek to immigrate to the Untied States legally every year through visa's and citizenship. However we possess such privilege and opportunity that people are willing to risk their lives in order to have. Illegal immigration has been on a steady incline for years and many individuals who come here do so at their own peril risking assault, abuse and death. We must not take our privilege for granted.

Both those who immigrate her legally and illegally still face similar challenges once in the United States. Language barriers can create an inequality whereby immigrants can be taken advantage of. Within southern California where many immigrants from Central America live people are attempting to unionize an industry that exploits both legal and illegal immigration. The industry in question is the car wash industry.

Recently Tomas Rodriguez of Hidalgo, Mexico, was awarded $80,000 by the Los Angeles County Superior Court for back wages and damages. His suit describes a tyrannical system whereby immigrants were taken advantage for being ignorant of their rights. In his suit he alleges he was forced to be at work hours before he was actually allowed to clock in. He describes the carwash industry as a corrupt one where immigrants are often hired below minimum wage, forced to work hours without pay and in some instances forced to work only for tips.

Rodriguez said that after workers were hired to work only for tips his hours for work were cut so severely that he couldn't afford to eat or pay rent. He relied on collecting cans and bottles like many homeless do in order to make ends meet. In his suit he alleges the owners used strong-arm tactics and threats to scare employees into obedience.

People come to America because we are the land of the free and criminal activity, which exploits and abuses people, is unacceptable. Since the industrial revolution we have made giant strides in labor laws in order to eliminate and remove servitude and wage slavery. When an entire industry engages in this oppressive criminal practice it acts as a trap. People who enter the trap are frightened into submission, become dependent on their job to live and therefor cannot leave an abusive situation. If we believe in freedom then we must stand against tyranny.

A full article can be found here: Ex-carwash worker wins $80,000 lawsuit over labor violations

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been the victim of labor violations and would like to be represented by a good Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

The flow of money is never ending in our economy; it jumps switching hands from one person to the next with the only resistance coming in the form of how quickly we can spend it. However having money flow in your direction is an entirely different matter, in fact for many people it is the only matter.

To begin there are a plethora of tools businesses and people use to get money to flow in their direction and one of the most useful is marketing. If nobody knows who you are they certainly can never give you money thereby marketing holds significant value. It can turn words like Disney World into mood bombs if said around young children can turn them into craving maniacs.

We all know marketing has power and influence but it doesn't come cheap. Recently the Las Vegas Convention and Visitors Authority has gotten into a suit over violations of its "Only Vegas" logo.

The logo established itself in TV commercials portraying Las Vegas as the city of secret adult fun. The commercials often leave the viewer with more questions than answers, which may be the reason the ads have been so successful. Each mysterious scene is subsequently followed by the "What happens in Vegas stays in Vegas slogan" which has come to be synonymous with the city's image.

Through the efforts of the Las Vegas Convention and Visitors Authority, who established the campaign, Las Vegas now has a reputation to uphold and protect. Due to the massive amounts of money used in this campaign and the publicity associated with the slogan it is clear why it must be protected. Anyone trying to use the "good name" of Vegas to promote their products could damage the brand and potentially harm our local economy. It is for these very good reasons that suit was brought against Vegas Pawn an Arizona based pawn shop.

The shop has used the same style lettering as the "Only Vegas" logo on its shirts and on its website. This has presented a very substantial problem for the LVCVA because they claim it can be easy for people to believe Las Vegas endorses this pawnshop when it in fact does not. The use of someone else's established logo is illegal and the LVCVA alleges trademark infringement and unfair competition in its suit.

This pawnshop is effectively siphoning off the marketing that has already been done for Las Vegas without approval or authorization. It has dodged putting forth any effort of its own to market itself and hopes to profit from other's work. This kind of behavior is unacceptable and LVCVA says that it attempted to resolve the matter in a non-legal manner first but was ignored. What is disappointing is that a great marketing campaign ensures a successful business future but unfortunately has the potential to be targeted for copyright infringement.

A full article can be found here: LVCVA sues Arizona pawnshop over 'Only Vegas' logo

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like to be represented by a Las Vegas Business Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Monopoly is a great board game and one that has entertained families for decades. The game revolves around pieces jumping around a board buying up properties. Once enough of the same types of property are bought a monopoly can be formed whereby players can begin charging double for landing on their monopoly. This innocent game is reflective of a real life monopoly whereby one company is allowed to charge outrageously high prices because it controls a majority, if not all of the market share.

Originally monopolies were found all over the United States but as time went on their detrimental effects were realized quickly. Monopolies had a power that no other corporation had before it; the power to set a price to whatever they felt it should be and consumers were forced to oblige. Without any competitors to turn to monopolies ruled over entire industries with iron fists forcing consumer's to empty their wallets and leaving them no alternative. This was until the early 1900's with the utilization of the Sherman Act, which banned monopolistic behavior. Monopolies have been struggling to elude government sanctions from that time on.

Both the government and other businesses enforce laws against monopolies. It is the civic duty of every business to report and prevent a monopoly from taking over when deemed illegal. Lens.com has done just that in a filing a lawsuit in U.S. District Court for Nevada against 1-800 Contacts Inc.

Reportedly 1-800 Contacts is the world's greatest seller of contacts but success alone doesn't make for a monopoly or a lawsuit against one. Going after a monopoly requires finding illegal behavior whereby a company forces its success through dishonest and strong-arm means rather than good marketing and product alone. Within the lawsuit 1-800 Contacts is accused of abuse of process and unfair competition.

Abuse of process is a means whereby people use the courts improperly to file suits perhaps to cause delay or duress. In this case Lens.com claim that 1-800 Contacts has filed frivolous lawsuits against it in an effort to reduce Lens.com productivity and cause duress over trademarks. Abuse of Process can be used many different ways as a means to unsettle opponents.

Unfair competition is broad term that encompasses many aspects relating directly with antitrust laws. It includes practices that limit the fairness of competition and the removal of conditions that apply to all competitors and changing them as to apply to a select group. These conditions don't take on an illegal form however until they are conducted intentionally with the hopes to gain an advantage over competitors. Lens.com cites 1-800 Contacts as restricting information that is not eligible to be restricted. Business can be difficult but if it is not fair then it is not fair and that becomes the queue for the government to step in and hammer things out.

A full article can be found here: Nevada lawsuit alleges monopoly practices by contact lens firm

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like to be represented by a Las Vegas Business Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Business is an integral part of the community, in fact it can be said it is the basis for community. Since the dawn of trade our lives have revolved around making deals and exchanging services. A great debate in our day in age has been government intervention in business and whether we should have more or less. In the 60's it was authoritarian communism versus American capitalism but the current battle is here in Las Vegas and it's Dotty's versus the County Commissioner's.

Every business in America was founded on the principal of our free market. We are taught that if you have the ability to dream it, its legal and safe to use, then you could make it. Here in America the American dream is thriving for us to work harder and achieve more. Everyday citizens are inventing new ways to serve our community and benefit society. This is progress at its finest and exactly what our nation was founded upon.

Dotty's casino wanted to live that dream, it wanted follow the path of every great business and establish itself as a respected business. It came with a new idea, a new type of gambling institution one that provided a cozy feeling to customers contrary to the callous mechanical feeling found at a casino.

When Dotty's first presented its business model to the county it was met with skepticism but also encouragement. Since that fateful encounter the encouragement has faded and Dotty's has found its self subject to legal pressure from large casinos and county commissioners alike.Both have pushed for new laws that target the Dotty's business model and directly disrupt operations.

These pressures, although difficult to overcome, were not as strenuous as recent actions taken by county commissioners. The county commissioners have disseminated sensitive information regarding Dotty's operations to both competitors and the public alike. What had been conducted as a private audit, which the information was protected under law, has now had that obligation breached.

Dotty's has sought legal representation to help fight against the oppression and are currently disputing the requirements that have been placed on them by the county as well as seeking damages for the county releasing private information that it was required to keep secret.

This is an all out attack and war being waged against Dotty's through legal and illegal means. It is a great tragedy that the principals of our nation are being discarded in an attempt to eliminate a business because of its success. The citizens of Las Vegas will face an easy decision when choosing to reelect members of the county commission.

A full article can be found here: Dotty's charges Clark County leaked trade secrets

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like justice done, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

On April 19th an ordinance issued by Clark County restricted the definition of "tavern" in regards to gaming. The new ordinance targeted Dotty's and gaming taverns which uses a business model of having fifteen individually standing slot machines and providing an atmosphere similar to that of your grandmother's kitchen. The inside has trinkets, knick-knacks, adequate lighting and offers customers spirits and food.

Jackpot Joanie's, with a similar business model, has suffered as a result of the ordinance as well. The ordinance calls for forcing eight of the fifteen slot machines found in the taverns to be put into a bar. For these small businesses it would require extensive and costly remodeling as well as a restructuring of their business model. Joanie's argues that the true purpose of this ordinance is attack its profits and destroy its successful business model.

In the lawsuit brought by Joanie's they go on to make several claims of the wrong doings of Clack County officials. They point out that the restriction of placing machines into a bar has no reasonableness other then to disrupt business operations. Further, they go on to say that such controls on competition are beyond the state's governed right to limit such industries.

Both Dotty's and Jackpot Joanie's have sought injunctive relief to prevent the ordinance from taking effect.

A full article can be found here: Second chain follows Dotty's in suing county over ordinance

Our law firm does not represent anybody in this case. The commentary is for educational purposes only. If you or someone you know would like to speak to someone about your rights please contact our lawyers for a free confidential case review. Call us toll free at 1-866-414-0400.