As Nevada’s business landscape expands, so do the opportunities to sue. While the awarded and experienced business attorneys across the state have watched their client lists grow, they still counsel owners to consider the long-term implications of going to court.

Taking Issue:

Nevada’s diverse business environment breeds an equally diverse range of legal cases. “We are seeing growth in business here, a more mature business environment,” said John Desmond, an attorney with Dickinson Wright in northern Nevada. “As is typical, there are more cases involving non-competes, where an employee goes to a competing or different business. We also handle business torts, ‘you’re taking my customers, engaging in unfair competition,’ those kinds of issues.”

Some of these claims, like intellectual property and patents, may be heard by federal courts, depending on the law at issue. Similarly, bankruptcy cases in Nevada are generally handled by the United States Court of Appeals for the Ninth Circuit. Other issues, like some contract laws or claims particularly relate to state law, are heard by local district court judges.

Rabbit Holes:

Identifying the jurisdiction is just one step in validating a claim – a complicated and lengthy journey. “The process is very foreign to most, other than attorneys or those who have been through litigation already,” Desmond said.

This lack of sophistication can blind a client from the reality of a case. “When you’re evaluating the issue, it may not be what the business owner wants to hear, but you need to set expectations early,” Desmond said. “The worst thing that can happen is you don’t have a discussion ahead of time, and then the business owner is surprised by the outcome.”

James Pisanelli, co-founder and partner at Pisanelli Bice, reminded attorneys to remember their role when going into client meetings. “​​I often point out to young lawyers considering a career in litigation that we are advocates,” he said.

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