Business Law & Commercial Litigation

Overview

The attorneys of Hutchison & Steffen bring extensive experience to most major areas of commercial litigation. The Firm's practice handles matters of corporate, contract, intellectual property, environmental, employee relations, transportation (Carmack Amendment), and product liability. Additionally, counsel is provided in preventative measures to avoid litigation.

At Hutchison & Steffen, the interests of business clients are protected through such pretrial remedies as temporary restraining orders, preliminary injunctions, appointment of special masters, and receiverships. These remedies often require intense preparation so that the client's position is presented to the court in an accelerated trial format. The Firm successfully represents numerous clients each year in these types of proceedings.

When cases proceed to trial, the Firm's in-depth pretrial preparation achieves effective results. Litigators at Hutchison & Steffen have experienced repeated success before juries and judges for large national companies, local companies, and individuals.

To discuss a commercial dispute with the Firm's business litigation attorneys, call 702.385.2500 in Las Vegas or 775.853.8746 in Reno, or contact Hutchison & Steffen online.

Understanding the Practice

What Is Business Litigation?

Business litigation is the resolution of disputes that arise from commercial relationships: broken contracts, partnership and shareholder conflicts, fraud claims, and the other controversies that can threaten a company's operations, ownership, or reputation. A business litigation attorney represents the company or its principals in court, in arbitration, and at the negotiating table, with the goal of protecting the client's financial position and, where the relationship is worth saving, the underlying business relationship itself.

Nevada gives commercial parties a distinctive forum for these disputes. The Eighth Judicial District Court in Clark County and the Second Judicial District Court in Washoe County both operate dedicated business court dockets, where judges with commercial experience manage complex cases from the first hearing forward. Knowing when a dispute qualifies for business court, and how to use its procedures, is part of the strategic groundwork a Nevada business attorney lays at the outset of a case.

Commercial litigation at Hutchison & Steffen spans contract actions, business torts, intellectual property and trade secret disputes, employee relations matters, transportation claims under the Carmack Amendment, and product liability defense. The Firm also moves quickly when a client needs emergency relief. Temporary restraining orders, preliminary injunctions, receiverships, and the appointment of special masters can freeze a bad situation in place while the merits are litigated, and those proceedings reward preparation over improvisation.

Litigation is one tool among several. Many commercial disputes resolve through negotiation or through the mediation and arbitration procedures described on our Alternative Dispute Resolution page. Others intersect with entity governance questions handled by our Corporate & Commercial Law attorneys, or with collection and insolvency issues addressed through Bankruptcy & Creditor's Rights. Because Hutchison & Steffen is a full-service, AV-rated Nevada firm, the litigation strategy and the business strategy are built together.

Common Disputes

Types of Commercial Disputes We Handle

Breach of Contract & Contract Disputes

Contract claims are the backbone of commercial litigation. We prosecute and defend actions involving purchase and supply agreements, commercial leases, service contracts, and financing arrangements. Nevada law gives parties six years to sue on a written contract and four years on an oral agreement under NRS 11.190, but evidence and negotiating position erode much sooner than that.

Partnership & Shareholder Disputes

When co-owners fall out, the business itself is at risk. Our attorneys handle partnership dissolution, member and shareholder oppression claims, deadlock, buyout disputes, and breach of fiduciary duty actions among owners of Nevada corporations and LLCs, in both the district courts and Nevada's business court dockets.

Business Torts & Fraud

Not every commercial injury comes from a broken contract. We litigate claims of fraud and misrepresentation, intentional interference with contract or prospective economic advantage, civil conspiracy, and unfair trade practices, representing both plaintiffs pursuing recovery and defendants contesting inflated allegations.

Emergency & Pretrial Remedies

Some disputes cannot wait for trial. Hutchison & Steffen regularly obtains and opposes temporary restraining orders, preliminary injunctions, writs of attachment, and receiverships. These accelerated proceedings compress months of litigation into weeks, and the side that arrives better prepared usually sets the terms for everything that follows.

Intellectual Property & Trade Secrets

Customer lists, pricing models, proprietary processes, and brand identity are often a company's most valuable assets. We litigate trade secret misappropriation under Nevada's Uniform Trade Secrets Act, disputes over restrictive covenants, and commercial claims involving trademarks, copyrights, and licensing agreements.

Product Liability & Transportation Claims

The Firm defends manufacturers, distributors, and sellers in product liability actions and handles freight loss and damage claims under the Carmack Amendment, the federal statute governing interstate motor carrier liability. Both practices demand technical fluency and early, disciplined case evaluation.

Choosing the Right Path

Commercial Litigation vs. Alternative Dispute Resolution in Nevada

Litigation is not the only way to resolve a business dispute, and it is not always the right one. The comparison below outlines how court proceedings differ from mediation and arbitration so that decision-makers can weigh the tradeoffs early.

    
      The comparison below outlines how court proceedings differ from mediation and arbitration so that decision-makers can weigh the tradeoffs early.
      
          Factor
          Commercial Litigation
          Mediation & Arbitration
        
          Forum
          Nevada district court, including dedicated business court dockets in Clark and Washoe counties, or federal court
          Private proceedings before a mediator or arbitrator selected by the parties
        
          Timeline
          Often 18 months or longer through trial, plus any appeal
          Mediation can conclude in a day; arbitration typically resolves in months
        
          Confidentiality
          Filings are generally public record unless sealed
          Proceedings and outcomes are generally private
        
          Discovery
          Full discovery: depositions, document production, and expert disclosure
          Limited and streamlined, by agreement or arbitral rules
        
          Outcome & Appeal
          Binding judgment with full appellate rights to the Nevada appellate courts
          Mediation is nonbinding unless settled; arbitration awards face very limited review
        
          Well Suited For
          Disputes needing emergency relief, public vindication, or binding precedent
          Parties who value speed, privacy, and preserving the business relationship

The comparison below outlines how court proceedings differ from mediation and arbitration so that decision-makers can weigh the tradeoffs early.
Factor	Commercial Litigation	Mediation & Arbitration
Forum	Nevada district court, including dedicated business court dockets in Clark and Washoe counties, or federal court	Private proceedings before a mediator or arbitrator selected by the parties
Timeline	Often 18 months or longer through trial, plus any appeal	Mediation can conclude in a day; arbitration typically resolves in months
Confidentiality	Filings are generally public record unless sealed	Proceedings and outcomes are generally private
Discovery	Full discovery: depositions, document production, and expert disclosure	Limited and streamlined, by agreement or arbitral rules
Outcome & Appeal	Binding judgment with full appellate rights to the Nevada appellate courts	Mediation is nonbinding unless settled; arbitration awards face very limited review
Well Suited For	Disputes needing emergency relief, public vindication, or binding precedent	Parties who value speed, privacy, and preserving the business relationship

Is Litigation the Right Path?

When Business Litigation Becomes Necessary

Most commercial disagreements settle. A well-drafted demand letter, a structured negotiation, or a mediation session resolves the majority of business disputes before a complaint is ever filed, and our attorneys counsel clients candidly on the cost, duration, and business disruption that contested litigation involves.

Some situations leave no practical alternative. When a counterparty simply refuses to perform, when a departing partner or employee is actively harming the company, or when assets are being moved beyond reach, waiting is itself a decision, and usually a bad one. Nevada courts can act quickly when the facts justify emergency relief, but only for the party that is ready to prove its case on an accelerated schedule.

Hutchison & Steffen prepares every commercial matter as if it will be tried. That preparation is often what produces a favorable settlement, and it means the Firm is ready when a case does go before a judge, a jury, or the Nevada appellate courts.

Common Questions

Frequently Asked Questions

What is the statute of limitations for breach of contract in Nevada?

Nevada allows six years to file suit on a written contract and four years on an oral agreement under NRS 11.190. Certain claims that travel with contract disputes, such as fraud, carry shorter periods, and the clock can begin running earlier than many businesses expect. Because evidence and negotiating position erode long before any deadline arrives, a company facing a breach should have the claim evaluated promptly rather than waiting on the statute.

What does a business litigation attorney do?

A business litigation attorney represents companies and their owners in disputes arising from commercial activity, including contract claims, partnership conflicts, fraud actions, and trade secret matters. The work spans pre-suit negotiation and demand letters, emergency motions, discovery, trial, and appeal. At Hutchison & Steffen, the same attorneys also advise on structuring transactions and relationships to keep clients out of court in the first place.

Does Nevada have a business court?

Yes. The Eighth Judicial District Court in Clark County and the Second Judicial District Court in Washoe County each maintain business court dockets that assign complex commercial cases to judges with business litigation experience. Business court procedures emphasize early case management and consistent rulings, which can significantly change the pace and predictability of a commercial dispute.

Can a commercial dispute be resolved without going to trial?

Most are. Negotiation, mediation, and arbitration resolve the large majority of business disputes in Nevada, and many commercial contracts require one of these paths before or instead of court. The strength of a party's litigation position drives the settlement it can command, which is why preparing a case for trial and resolving it favorably out of court are not competing strategies but the same strategy.

What is a temporary restraining order in a business dispute?

A temporary restraining order is a short-term court order that preserves the status quo while a dispute is litigated, such as barring a former employee from contacting customers or stopping the transfer of contested assets. Nevada courts grant a TRO only on a strong preliminary showing, and the order is typically followed within weeks by a preliminary injunction hearing that functions like a compressed trial. Speed and preparation decide these motions.