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ctober 20, 2025 | By RACHEL CULVER

    Late last week, the U.S. District Court for the District of Nevada denied Nevada’s motion to dismiss the core claim in Eisenberg v. Sanchez. Nevada’s law requires real‑estate brokers to keep an in‑state office, conduct authorized transactions from that location, and maintain records—provisions that violate the dormant Commerce Clause and harm brokers like Derek Eisenberg.

    Eisenberg, a New Jersey entrepreneur licensed in 26 states, has adopted a virtual business model. Since 1995, his firm, Continental Real Estate Group, Inc., has offered flexible services nationwide, with agents licensed in 42 states. Nevada’s regulation bars him from operating unless all services are performed from a physical Nevada address, a rule that stifles his virtual model and protects in‑state brokers from out‑of‑state competition.

    Represented by the Pacific Legal Foundation (PLF), Eisenberg sued the Department of Business and Industry and the Nevada Real Estate Commission. The state sought dismissal, but the court found Eisenberg had a plausible claim that the government’s actions violated his rights.

    The case will proceed on PLF’s central argument: Nevada’s law imposes excessive burdens on entrepreneurs without a legitimate purpose, violating the dormant Commerce Clause. The Constitution protects the right to work across state lines; requiring a brick‑and‑mortar office penalizes virtual business models and limits consumer choice.

    PLF will continue to defend Eisenberg and similar clients, safeguarding Americans’ constitutional right to earn a living and access economic opportunities.