The best litigation for business decision makers is the litigation that never happens. Court cases are time-consuming, expensive and take a business owner’s mind off business. The best way to avoid litigation? Document everything, know your obligations and be certain your protections are in place.

“It sounds a little simplistic, but I would say, know your legal obligations, comply with them, and most important, create documentation of your compliance,” said Lee Roberts of Weinberg, Wheeler, Hudgins, Gunn & Dial.

“Most litigation arises out of the business disputes with a party you’re doing business with, and it’s almost always about money,” said Roberts.

Step one in keeping a business out of litigation is to make certain the rights and obligations of both sides of a deal are documented. Whether with a formal contract created by a lawyer or a memo of understanding, or even a letter sent to the other side, it’s important there be some form of written documentation.

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Wynn Resorts is attempting to overturn two district court orders directing it to hand over documents to Japanese gaming mogul Kazuo Okada as part of a long-running dispute over his ousting in 2012.

Okada was removed from Wynn’s board in 2012 after it was revealed he was being probed for corruption, and was forcibly made to redeem a 20 percent stake in the casino operator.

The documents in question contain information used by the Wynn board of directors in February 2012 to determine that Okada and his related companies were unsuitable parties that could jeopardize Wynn’s gaming licenses.

According to a report from Las Vegas Review, Attorney Todd Bice representing Wynn Resorts has argued that Clark County District Judge Elizabeth Gonzalez erred when she required that some information used by the board in its decision be turned over to Okada.

CARSON CITY — An attorney for Wynn Resorts Ltd. asked the Nevada Supreme Court on Monday to overturn two district court orders compelling the gaming company to turn over documents to Japanese billionaire Kazuo Okada in a long-running legal dispute over his ouster as a majority shareholder.

The information was used by the Wynn board of directors in February 2012 to determine that Okada and his related companies were unsuitable parties that could jeopardize Wynn Resorts gaming licenses.

The board voted to redeem all of the outstanding shares of Wynn Resorts stock held by Okada in exchange for a promissory note with a principal value of approximately $1.9 billion.

In the two combined cases heard in oral arguments in the capital, Wynn’s attorney said that Clark County District Judge Elizabeth Gonzalez erred when she required that some information used by the board in its decision be turned over to Okada, Aruze USA Inc. and its parent corporation, Universal Entertainment Corp., known as the Okada Parties.

Attorneys for the city of Las Vegas and a developer argued Thursday in court that the City Council should have a chance to decide the fate of a controversial plan to develop the Badlands golf course before a judge weighs in.

The nearly three-hour hearing in 8th Judicial District Court largely centered on the language of a state statute regulating planned developments and if public notice requirements were followed when the development was proposed.

A group of homeowners from the nearby Queensridge community filed a lawsuit in late 2015 against the city and three limited liability companies that own portions of the 250-acre course to stop plans to put a residential development on the course that their properties overlook. Two development applications to build homes on the closed course are pending at City Hall.

EHB Cos. attorney Jim Jimmerson called the lawsuit “frivolous,” asserting a landowner has a right to develop his own property.
City Attorney Philip Byrnes called the issue “very hotly contested,” and said the city could face litigation whether it approves or shoots down the development.

Pisanelli Bice was named in Vegas Inc.’s “The Notes: Law awards, Jan. 29, 2017″ and earns “Tier 1” status for their work in appellate practice, commercial litigation, construction law, litigation – construction, litigation – First Amendment, and litigation – real estate.

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