No matter what the type of organization, playing an active role in the political decision-making process and policy formation is no longer a luxury—it is an imperative.
A coronavirus pandemic (or even the threat of such a pandemic) could easily make it more difficult for parties to perform their obligations under many types of contracts—especially contracts requiring travel or involving the delivery of goods and services. In the event that one of the parties to a contract can’t perform as a result of an actual or potential coronavirus outbreak, would the doctrine of force majeure allow them to suspend their performance or terminate the contract?
With an eye for recovering or minimizing financial losses, Max Fetaz represents his clients in state and federal court in complex commercial litigation disputes, with a focus on securities and M&A litigation. Max’s knowledge of Nevada’s corporate governance statutes allows him to successfully represent both privately held and publicly traded companies and their respective directors in shareholder derivative suits and securities class actions. Max also has broad experience in defending manufacturers against product liability claims, securing fair outcomes under Nevada’s public procurement laws, representing companies in Nevada’s burgeoning cannabis industry and pursuing contract claims in Nevada’s gaming industry.
Max’s recent successes include dismissal at the pleading stage of a shareholder class action and enforcing rights under Nevada’s recreational marijuana establishment laws. Whether obtaining an injunction to stop an action detrimental to his client’s interest or achieving his client’s desired outcome with summary judgment, Max’s balanced approach to the law allows his clients to be successful in the courtroom no matter the dispute.
Prior to joining the firm, Max served as a law clerk to the Honorable Elizabeth G. Gonzalez, of the Business Court for the Eighth Judicial District Court.
Successfully represented advertising company in terminating multi-million dollar franchise agreement with public body.
Represented Chinese real estate company as Nevada counsel and secured victory at trial for company in shareholder appraisal action arising out of going-private transaction.
Successfully represented non-restricted gaming licensee on Las Vegas Strip concerning patron dispute of $2,000,0000 in markers. The claims against client were dismissed at the pleading stage.
Represented certain directors as Nevada counsel concerning claims surrounding the potential purchase of wireless spectrum assets valued at $2.2 billion. Facing allegations of “entire fairness” review, successfully represented the directors in a preliminary injunction hearing that allowed them to continue using their business judgment to vet the purchase.
Achieved favorable settlement for ventilation fan manufacturer in product liability case.
Represented target company as Nevada counsel in $181 million all-cash acquisition and achieved dismissal of aiding and abetting claims in a post-acquisition damages case.
Represented an owner on a $12.3 million, 226 unit senior residential apartment complex project. The claims were asserted against the general contractor and architect, and included construction defect, breach of contract, and fraud claims. The matter was successfully resolved during trial resulting in a favorable settlement for our client.
Successfully enjoined improper award of $26.5 million enterprise class network equipment contract due to violation of public procurement laws, and ultimately resulted in client receiving contract from public body.
Represented non-restricted gaming licensee operating in downtown Las Vegas in enforcement action against patron with $500,000 in unpaid markers. Achieved judgment in excess of $500,000 for client.
Obtained favorable settlements on behalf of exercise equipment manufacturer in product liability cases in Las Vegas.
Successfully represented company and individual owner in contract and fraud dispute by securing dismissal of all claims asserted against them and securing award in an amount exceeding $300,000 in attorney fees. Also, successfully defended dismissal and award in appeal before the Supreme Court of the State of Nevada.
Volunteer, Piero’s Restaurant “Turkey Gobble,” 2005-present
Board of Directors, Sunrise Children’s Foundation
Kokesh May Lead to Lower Monetary Sanctions in SEC Enforcement ProceedingsBrownstein Client Alert, June 21, 2017
The Year Ahead for GCs and Compliance Officers: Reporting from the Annual SIFMA Compliance & Legal Society SeminarCo-author, Brownstein Client Alert, March 27, 2017
Brownstein Victory Demonstrates Value of Vigorously Challenging Materiality Allegations in Securities Fraud TrialsBrownstein Client Alert, January 10, 2017
Supreme Court Opens Pathway To Increased Insider Trading ProsecutionsBrownstein Client Alert, December 7, 2016
Insider Trading - Will The U.S. Supreme Court Roll Back Newman?Brownstein Client Alert, October 7, 2016
D.C. Circuit Upholds Constitutionality of SEC Administrative Law JudgesBrownstein Client Alert, August 10, 2016
June Marks Upsurge in SEC Whistleblower AwardsBrownstein Client Alert, June 15, 2016
SEC’s Andrew Ceresney Warns Private EquityBrownstein Client Alert, June 8, 2016
Delaware Supreme Court Clarifies Standards in Corporate TakeoversBrownstein Client Alert, May 23, 2016
Rocky Mountain Securities Conference: Cybersecurity Takes Center StageBrownstein Client Alert, May 17, 2016
Rocky Mountain Securities Conference: Corporate Disclosures Reform Next for SECBrownstein Client Alert, May 11, 2016
1st Place Team, Society of Advocates Mock Trial Competition
Legal Elite, Nevada Business Magazine, 2017
Super Lawyers, Mountain States, Rising Stars, 2019
State Bar of Nevada
Clark County Bar Association
American Bar Association