To thrive in our rapidly changing, data-driven environment, companies must be adept at anticipating what is next and reacting in real time. While business lawsuits may be unavoidable, the way your company strategizes a path to resolution is entirely in your hands.
Unlike the antiquated methods that dominate Big Law, we rely on high-level specialization within the different phases of commercial litigation and unleash the lawyers most equipped to handle the issue. To learn how our attorneys swiftly resolve business lawsuits, contact Hone Law at (702) 608-3720 today.
What Are Common Areas of Commercial Dispute?
Commercial disputes are an inevitable part of running a business and, at some point, many business owners will experience a dispute involving their operations. Business conflicts run the gamut from frivolous, fraudulent claims to legitimate legal proceedings that threaten the stability of your company, and recognizing the difference is important.
It is important for business owners to be aware of potential areas of commercial dispute to mitigate risk and avoid pitfalls before they escalate into major issues. Some of the most common areas of commercial dispute include:
- Breach of contract
- Intellectual property infringement
- Defamation
- Partnership disagreements
- Fraudulent conduct
While there are steps business owners can take to limit the instances of disputes, it is impossible to prevent them altogether. How you handle a commercial dispute is important. As a business owner, your goal is to settle the matter efficiently and advantageously, so you can shift your attention back to generating revenue.
How to Handle a Business Lawsuit
Whatever the reason you are being sued, navigating the situation promptly and methodically is key to protecting your business. When faced with a business lawsuit, consider following these key steps to protect your venture from litigation:
- Confirm all named defendants. Ensure that all lawsuit documents list the correct business entity. Remember, your business entity shields you from personal liability, meaning the plaintiff must have a clear reason to name you in the case.
- Compile records. At this point, gather all relevant documents such as contracts, email correspondence, receipts, and other records about the plaintiff.
- Contact an attorney. If your business does not already have an attorney for business lawsuits, get in touch with one immediately to review the issues of the lawsuit and establish a plan. Ensure that you hire a commercial dispute attorney who has experience with your type of case and can properly guide you through this matter.
- Notify your insurance provider. Insurance providers handle some lawsuit types such as copyright infringement or general liability claims, for instance. If possible, it may be beneficial to turn the case over to your insurance carrier to settle the claim.
- Strategize & respond. Your response to the lawsuit matters and it is important to proceed carefully when responding to the initial court filing. Your attorney will work with you to strategize your response and move the lawsuit forward, accounting for your unique objectives.
How Will Your Attorney Respond to a Business Lawsuit?
Swift, timely action is key. In Nevada, you have 21 days after being served with a complaint to respond to the situation. Generally, your attorney will answer the complaint by either denying or affirming the plaintiff’s claims and outlining initial defenses to the allegations. If the situation calls for it, we may even make a counterclaim against the plaintiff or another party.
Your attorney will guide you through the pros and cons of each option, compile a strong and effective defense against any claims made against your company, and ensure that you move forward strategically. They will identify and procure any documentation that supports your side of the story. Most importantly, your attorney will avoid the common pitfalls that business owners encounter when navigating a lawsuit.
What Happens During the Litigation Process?
The litigation process begins when the plaintiff files a claim and, in most cases, a summons. The summons notifies the defendant of the lawsuit and provides a deadline for a response. There will be an opportunity for both sides to establish their claims. This is called the Pleading Phase.
After the Pleading phase is complete, both parties will begin organizing information, sharing records and documentation, and taking depositions. This is called the discovery process and can take several months, as new information is presented and new motions are filed.
The lawsuit will come to court at an appointed date. Here, a judge and/or jury will hear the case and make a decision. If either party disagrees with the decision or has a valid reason to question the verdict, they can file an appeal. The appeals process will then move to a higher court.
Depending on the circumstances, your attorney for business lawsuits may attempt to resolve your case before it reaches trial, either through judicial order or through a settlement between your company and the other party. Sometimes, your attorney may pursue an alternative method for resolving your commercial lawsuit.
Are There Alternative Methods for Resolving or Litigating a Business or Commercial Lawsuit?
At Hone Law, we strive to resolve commercial disputes efficiently. Our team of experienced attorneys for business lawsuits takes a multi-perspective approach to litigation and dispute resolution, seeking to identify a beneficial solution. Recognizing that lawsuits can leave both sides damaged, we regularly leverage alternative methods to close cases. The following are two of the most common alternative methods for resolving or litigating a business or commercial lawsuit.
Arbitration
Arbitration can be used to resolve a dispute outside the courtroom. During this private process, a neutral third party, known as an arbitrator, will be selected to hear the dispute and decide on the issue. When arbitration is binding, the decision is final and can be appealed only on very narrow grounds. If non-binding, then the arbitrator’s decision is advisory and can be accepted or rejected by the parties involved in the dispute. While it superficially resembles the process of litigation, arbitration is much less formal and time-intensive.
Mediation
Mediation is similar to arbitration in that a neutral third party is selected to hear the dispute. While an arbitrator can make a binding decision on the issue, a mediator cannot impose a solution. Rather, their duty is to help facilitate a resolution by urging participants to discuss the matter, carrying messages, providing a suitable environment for negotiation, and helping participants understand the source of the dilemma. Mediation has been used to settle disputes of every kind and can be a helpful tool for resolving a dispute peacefully.
Summary Jury Trial
This process is based on the observation that parties involved in a lawsuit are often unable to reach a settlement due to vastly different expectations of how a jury will assess their claims. To overcome this without the need for a full, formal trial, a summary jury trial allows opposing lawyers to select a small jury to make a verdict on the case. This process is much shorter, allowing each side to summarize their arguments, present evidence, and rebut claims. The jury will issue a verdict, then each party is sent to a settlement negotiation to resolve the matter.
How Can Hone Law Help Your Company Resolve Its Dispute?
Ultimately, the most appropriate resolution to your dispute or lawsuit should be determined considering your business interests and the nature of the issue at the center of the disagreement. At Hone Law, our attorneys for business lawsuits develop legal strategies for leading companies in Nevada, balancing your rights, interests, and assets at each step. To learn more, consider contacting us at (702) 608-3720 today.