Competition in the marketplace is necessary for our capitalist society, as it keeps prices for goods and services down and allows a business to become more innovative. This is why it is both shocking and profoundly upsetting when a business finds itself being sued by a competing company.
This article delineates some of the steps you can take, such as consulting with our Las Vegas business litigation attorneys, and important information you should know if another company is filing a suit against you.
Reasons to Retain Las Vegas Business Litigation Lawyer
Once you’ve been served with a lawsuit, you only have a limited amount of time to respond to the complaint. This is one of the main reasons it’s crucial for you to contact a Las Vegas business litigation attorney right away. In a Nevada state court, you only have 20 days from the date of service in order to respond. If the 20th day falls on a Saturday, Sunday, or a holiday, you will have until the next day the court is open.
Don’t assume that if you ignore the lawsuit you will be fine. In truth, if you fail to respond to the lawsuit, the plaintiff has the right to file for a request for default judgment.
Preserve All Documentation and Records and Don’t Communicate with
Depending on the reason your company is being sued, you need to gather all the necessary evidence, including documentation and records. If the other company is alleging you stole one of their product ideas and you actually developed one year earlier, having proof is important. Important documentation can include everything from emails and photos to voicemails and web pages.
Business owners should not communicate with the plaintiff directly as they might use anything you say against you in the lawsuit. All communication with the other side should be done through your attorney.
You need to put your insurance carrier on notice of the lawsuit. Whether it’s you or your attorney that puts them on notice, it should happen right away. However, don’t assume that because you let your liability carrier know about the lawsuit there is automatically covered. There may be situations where the circumstances exclude the activity from your policy.
Types of Claims in Competitor Litigation
There are a number of causes of action that give rise to a lawsuit against a competitor. Your Las Vegas business attorney can explain the reasons you’re being sued and provide advice on preparing the best defense for your case. Common types of claims in competitor litigation include:
- Tortious Interference
- Enforcement of Noncompete Agreements
- Trademark Infringement
- False Advertising
- Misappropriation of Trade Secrets
Marketing Consequence of Competitor Litigation
If you’re a small business owner being sued by a major corporation, it could provide some additional buzz for your business if publications pick up the story and you appear to be the victim. However, what if you are a large business? Marketing fallout is a real thing when suing a competitor or being sued.
Why You Need a Skilled Las Vegas Business Litigation Lawyer Defending You
Lawsuits involving business competitors are some of the nastiest types of litigation seen in the courts today. Because so many legal arguments can be raised, you need a Las Vegas business litigation attorney who has experience in the courtroom and is not afraid to mount a strong defense and attack back if needed.
At H1 Law Group, our attorneys specialize in business litigation and have experience representing both plaintiffs and defendants. This knowledge gives us the advantage to plan our strategy and fight your lawsuit on every front.