Hone Law

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Las Vegas Business Litigation Attorney

Understanding the Business Litigation Process

Much like you are an expert in your industry, so are we. Business litigation is a complex area of the law, revolved around labyrinthine legal processes, laws, and intricate regulations at the local, state, and federal levels. Our team of business litigation attorneys works to demystify the process.

The business litigation process varies from case to case, depending on your goals and the unique circumstances of your dispute. Generally, some common actions that may be taken during the business litigation process include:

  • Pleadings: initiating a litigation case by filing a formal lawsuit brings relevant claims and causes of action, and sets out the damages and relief your company is entitled to.
  • Motions: requests for a judge to make a legal ruling. Motions can be used to dismiss the lawsuit, request information, and request a judgment of the facts of the case, for example.
  • Discovery: the formal exchange of information about evidence and witnesses to be used in trial.
  • Administrative hearings: legal proceedings overseen by administrative law judges (ALJs). These hearings do not involve a jury and the ALJ is responsible for issuing the final judgment based on the facts of the case.
  • Arbitration: a negotiation process wherein an arbitrator hears the facts of the case and issues a decision outside of court.
  • Mediation: an expedited negotiation process wherein both parties control the outcome and aim to reach a mutually beneficial agreement.
  • Trial: a formal meeting in court in which a judge and jury review the evidence of a case and issue a decision.
  • Appeal: an opportunity to challenge a legal ruling. Appeals are not re-trials, rather they ask the court to review the decision to assess whether errors were made during the trial.

Areas of Expertise

Solving Your Most Complex Disputes

We are better than anyone at learning the issues that surround your business…

Litigation is never won with a one-size fits all strategy. Our expertise lies, not only in specific areas of law, but in the process of solving our clients’ most unique and complex problems. Our business litigation attorneys are better than anyone at learning the issues that surround your business and your dispute, advising on the legal nuances that impact your situation, and custom tailoring strategies that address our client’s economic, market, and legal concerns. With our team’s focus on process over rote practice, we’ve built an expertise in a wide area of business industries, including:

Contract Disputes / Partnership Disputes

At its core, successfully owning and operating a company is a series of negotiations, deals, and agreements between other businesses, employees, and clientele. In many cases, contracts are used to legitimize and solidify these agreements. Contracts are complex legal documents that set forth rights and obligations. When these rights and obligations are not upheld, disputes may arise. Contract disputes can arise for many reasons, including the following:

  • Partnership Disputes
  • Sale of Goods Agreements
  • Service Contracts
  • Noncompete Agreements
  • General Material Breaches
  • Franchising Agreements
  • Intellectual Property
  • Employee Agreements
  • Breach of Contract
  • Business Torts or Business Negligence

With decades of combined experience in handling contract disputes, our business litigation and trial attorneys understand how to navigate tense negotiations, achieve swift resolution, and uphold your rights every step of the way.

Shareholder Disputes

Shareholder disputes are a common reason for costly business disruptions. Resolving these disputes as swiftly, efficiently, and amicably as possible is key to preventing financial and operational issues. Our team of attorneys work diligently to resolve shareholder disputes and ensure that your business can continue functioning at the highest level possible. As skilled negotiators and fearless litigators, we will represent your company’s interests and prioritize your short- and long-term goals in mediation, arbitration, or litigation.

Intellectual Property Disputes

Companies are differentiated from the sea of competitors through their unique products, exceptional services, and creative branding. When the intellectual property of a company is misappropriated or misused, it can impact both the legitimacy and the financial success of a business. We protect the trademarks, copyright, trade secrets, and publicity rights of our clients, ensuring that all intellectual property infringements are resolved as quickly and effectively as possible.

Real Estate Disputes

As business litigation attorneys, we regularly provide high-quality legal representation for our clients involved in complex commercial real estate disputes. Often, these disputes involve multiple parties, complicated legal matters, and sizable investments, causing the dispute to escalate into litigation. We leverage strategic negotiation, internal collaboration, and our sharp expertise to successfully resolve real estate disputes for our clients. We are skilled at identifying and deploying effective litigation strategies involving these issues for our clients:

  • Commercial leases
  • Purchase agreements
  • Title and insurance disputes
  • Quiet title actions
  • Construction defects for commercial projects
  • Eminent domain, zoning, and land use

Construction Disputes

If not navigated carefully and efficiently, construction disputes can result in costly delays and work stoppages. Our team has the knowledge and expertise needed to handle even the most complex issues related to payment and performance issues, termination disputes, change orders, subcontractor agreements, and material supplier claims.

Business & Commercial Litigation

Aggressive, Strategic, Winning Litigation and Trial Advocacy

When you must fight for your interests, Hone Law does this better than anyone else. It starts with our laser-sharp focus on your priorities. It continues with our commitment to leveraging multi-point legal expertise and real-world experience our team has been hand-picked to achieve.

When litigation hits, we know our only job is to advocate your most persuasive position. Persuasion is as much an art as it is a science. To win, we must connect our clients’ objectives to the priorities held by a judge, arbitrator, administrative regulatory body, or juror. Using our team’s diverse perspectives, we consider all the angles these factfinders might find persuasive, and we hone our clients’ case until the legal framework, client objectives, and most persuasive power-positions are at the forefront of our strategy.

Using our unique method, we regularly win cases in all forums of dispute, including: State and Federal District Court, Nevada Appellate Court, Nevada Supreme Court, Federal Bankruptcy Adversary Proceedings, Arbitration, and Regulatory Administrative Panels.

Dispute Resolution

Our Attorneys Target Business Litigation Pressure Points for Quick Resolution

We analyze our clients’ cases… to identify the strategy most likely to serve their highest priorities.

Sometimes, the wise course of action is to press a dispute toward resolution by negotiation. At Hone Law, we know that developing the right pressure points in litigation will make settlement a more viable prospect.

Early in every lawsuit, we analyze our clients’ cases from multiple angles to identify the strategy most likely to serve their highest priorities; this often includes analysis on how to reach an early and fair settlement. When scorched earth litigation is not the goal, we use targeted litigation tactics to provide you with the most direct route possible to a fair settlement. We also consider a wide range of settlement tools that can help narrow the scope of the litigation and put a bracket around your range of potential risk. Our attorneys regularly resolve matters outside of litigation using: direct negotiations with opposing counsel, third party neutral mediation, binding or non-binding arbitration, structured settlements with framed damage ranges, private jury selection and limited issue presentation.

Pre-Litigation Risk Management

Practical, Trusted Advice to Minimize the Distraction of Litigation

Our business litigation attorneys are practical. At Hone Law, we like to leverage our experience to prevent litigation for our clients whenever possible.

We consult with our clients, general counsel, transactional counsel, accountants and other professionals to sharpen our client’s regulatory compliance, improve operational procedures, and negotiate before a dispute arises. We assist clients with pre-litigation investigations, and we advise clients on ways to position themselves on the strongest footing possible in case a dispute arises in the future. We consult to make your business better and stronger, to minimize the toll of expense and distraction disputes create.

Developing Personalized Litigation Strategies for Your Business

Antiquated legal strategies are ineffective for innovative companies. At Hone Law, we put this into practice by developing creative, personalized litigation strategies for businesses. We deconstruct the traditional systems used by law firms by identifying the main issues of a case and deploying the right attorney to resolve the matter as efficiently as possible. This horizontal approach allows us to provide more tailored legal representation to our clients, ensuring that the most competent professionals are handling the niche complexities of their case.

FAQ

Can insurance help my company cover the costs of our business or commercial litigation?

Yes, insurance can help companies mitigate the financial risks associated with business or commercial litigation. Such coverage is typically found under “Commercial Legal Expense Insurance” or “Litigation Cost Protection.” “Directors and Officers Insurance” (D&O Insurance) may also cover the defense of certain claims. This insurance generally covers legal defense costs, court fees, and in some cases, even awards or settlements. The specifics depend on your policy, but it’s designed to lessen the financial burden of litigation.

Why Consider It? Litigation can be expensive. Whether your company is defending itself against a claim or pursuing a legal action, costs can accumulate quickly, impacting your company’s finances. Insurance can help stabilize these unpredictable costs.

It is also crucial to understand that not all commercial litigation insurance covers every type of litigation or legal dispute. There may be exclusions, so it’s essential to read the policy terms or consult your legal team.

Before purchasing, assess your business’s litigation risks. Companies in highly regulated industries or those with extensive contractual dealings might benefit most.

In summary, while commercial litigation insurance doesn’t prevent legal disputes, it can provide significant financial relief during such challenging times. If you’re concerned about potential litigation costs, it’s wise to explore insurance options tailored to your business’s needs.

Businesswoman handing over a contract to sign

What statutes of limitation apply to business or commercial litigation cases in Nevada?

Statutes of limitations set forth the maximum time after an event that legal proceedings based on that event may be initiated. In Nevada, as with other states, different statutes of limitations apply to different claims. For businesses or commercial litigation cases, it’s crucial to be aware of these timelines to ensure that your legal rights are preserved. Here are some common statutes of limitations relevant to business and commercial litigation in Nevada:

  • Written Contracts: For breaches related to written contracts, you generally have 6 years from the date of breach to sue (NRS 11.190(1)(b)).
  • Oral Contracts: For breaches related to oral contracts, the time limit is generally 4 years from the date of breach (NRS 11.190(2)(c)).
  • Fraud: Actions based on fraud must typically be commenced within 3 years after the discovery of the fraud (NRS 11.190(3)(d)).
  • Personal Property Damage: If your business property has been damaged, you generally have 3 years from the date of the damage to initiate legal action (NRS 11.190(3)(c)).
  • Relief on Grounds of Fraud or Mistake: Actions seeking relief on these grounds should be initiated within 4 years (NRS 11.220).
  • Enforcing a Judgment: If you have obtained a judgment and wish to enforce it, you generally have 6 years to do so (NRS 17.214).

It’s essential to remember that certain circumstances might toll (pause) the statute of limitations. Because commercial litigation can be complex, and the implications of missing a deadline are severe, consulting a Nevada attorney familiar with commercial litigation is important to consider. The attorneys at Hone Law can provide guidance tailored to your specific situation and ensure that your rights are upheld within the stipulated timeframes.

Businesspeople discussing and reviewing a contract

What damages might be awarded to or against my company in a business dispute?

When a business dispute escalates to litigation, various damages may be awarded (to your business or the other party) depending on the nature of the case, the facts presented, and the governing laws of the jurisdiction. Here is a breakdown of the potential damages your company might either seek or have to pay:

  • Compensatory Damages: These are intended to compensate a plaintiff (victim) for actual losses suffered. If, for instance, your company was not paid for a product or service rendered, you could seek the amount owed as compensatory damages. On the other hand, if your company is found to owe money or services, you might be ordered to pay these damages.
  • Consequential Damages: Also known as “special damages”, these damages are not directly tied to the dispute but result from the action or inaction that led to the dispute. For instance, if a vendor’s late delivery causes a business to lose a client, the loss of profit from that client might be considered consequential.
  • Punitive Damages: Aimed at punishing particularly egregious or malicious behavior, these damages aren’t awarded to compensate the plaintiff but to deter the defendant and others from similar conduct. If your company is found to have acted in a particularly harmful or deceitful manner, punitive damages might be awarded against it.
  • Nominal Damages: These are symbolic damages awarded when a right has been violated but no substantial loss or injury can be determined. It’s a way for the court to acknowledge a wrong without awarding substantial compensation.
  • Restitution: This aims to restore the injured party to the position they were in before the dispute. It might involve the return of property or compensation for benefits unjustly received by the other party.
  • Attorney Fees and Costs: In some disputes, the prevailing party may have a right to recover attorney fees and litigation costs.

Given the many damages that can be sought or awarded in business disputes, it is important to consider visiting with an experienced attorney. The business litigation attorneys at Hone Law can provide a clear understanding of potential liabilities or claims specific to your company’s situation.

woman looking at paperwork

Helpful Links

Contract Disputes Shareholder Disputes Intellectual Property Commercial Construction Litigation