When a business dispute turns into litigation, the stakes reach well beyond the immediate disagreement. Revenue, reputation, key relationships, and sometimes the future of the company itself can hinge on the outcome. Companies do not go to court on a whim, and when they do, they need counsel who can assess the situation clearly, advise on whether to fight or settle, and litigate effectively when litigation is the right path.
The Jimmerson Law Firm represents businesses, owners, partners, and executives in commercial disputes throughout Nevada. What distinguishes our work is a combination most litigation-only firms cannot offer: because Nevada’s businesses are largely closely held and family-owned, a commercial dispute here rarely stays purely commercial—it collides with ownership succession, trust and estate structures, and sometimes divorce. We handle all of those matters in-house, backed by trial, appellate, and federal-court experience, practice in Nevada since 1977, and an AV rating.
What Commercial Litigation Covers
Business disputes take many forms. Our commercial litigation practice includes:
- Breach of contract and commercial agreements
- Business torts, fraud, and unfair competition
- Partnership, LLC-member, and shareholder disputes
- Breach of fiduciary duty
- Business dissolution and ownership breakups
- Non-compete and trade-secret disputes
- Commercial real estate and landlord-tenant disputes
Breach of Contract
Contract disputes are the most common form of commercial litigation, and the essential framework is consistent: to prevail, you generally must show that a valid, enforceable contract existed, that you performed your obligations (or had a valid excuse not to), that the other party failed to perform, and that you suffered damages as a result. Nevada distinguishes a material breach, which can allow the non-breaching party to terminate the contract, from a minor breach, which typically supports a damages claim but not termination.
Timing matters. Under NRS 11.190, you generally have six years to sue on a written contract and four years on an oral one, with a four-year period for contracts involving the sale of goods under the Uniform Commercial Code. Because these deadlines can bar an otherwise strong claim, it is worth confirming yours early.
Partnership, LLC-Member, and Shareholder Disputes
Some of the most difficult—and personal—commercial disputes arise among the owners of a business. When partners, members, or shareholders fall out, the conflict often centers on breach of fiduciary duty: an owner or manager putting personal interest ahead of the company through self-dealing, diverting opportunities, or misusing company assets. Depending on the facts and the governing agreement, resolution can involve a buyout, court-ordered dissolution, a derivative claim brought on the company’s behalf, or a negotiated separation. The operating agreement, bylaws, or partnership agreement usually shapes the options available.
These are also the disputes where our breadth is most valuable. When a business breakup implicates a family trust, a succession plan, or a divorcing co-owner, we address the whole matter rather than sending pieces of it to other firms.
Business Torts, Fraud, and Unfair Competition
Not every business dispute arises from a contract. Companies also suffer harm from fraud and misrepresentation, interference with their contracts or business relationships, and unfair competition. Fraud claims in Nevada carry a higher burden—clear and convincing evidence—and require showing justifiable reliance on a false statement of material fact. We evaluate these claims rigorously and pursue them where the evidence supports them.
How a Nevada Business Dispute Moves
Most disputes do not begin in a courtroom. A well-handled matter often starts with a pre-suit demand and an honest assessment of the cost, disruption, and likely outcome of litigation versus a negotiated resolution. From there, the path depends on your agreements and your goals: many significant commercial cases in the Las Vegas area proceed in the Business Court of the Eighth Judicial District Court, a docket designed for complex commercial matters; others are governed by arbitration clauses that require private resolution; and many resolve through mediation or settlement. When trial is necessary, we are prepared to try the case—and, if needed, to handle the appeal.
Why The Jimmerson Law Firm
Most commercial-litigation competitors do one thing. We bring litigation depth and ownership-side breadth together: the ability to try and appeal complex business cases, paired with in-house capability in the estate, trust, succession, and family-law issues that so often surround a Nevada business dispute. For closely held and family-owned companies especially, that means a dispute is handled as one matter, with the full picture in view. If your business is facing a dispute that calls for that combination, we would welcome the conversation.
Protect your business. Schedule a confidential consultation—call (702) 388-7171.
Frequently Asked Questions
What counts as commercial or business litigation?
Commercial litigation is a dispute between businesses, or between a business and its owners, partners, or shareholders. Common types include breach of contract, fraud and business torts, partnership or LLC-member breakdowns, shareholder disputes, business dissolution, and non-compete or trade-secret matters. These can be resolved in court, through arbitration, or by settlement.
How long do I have to file a breach of contract lawsuit in Nevada?
Under NRS 11.190, you generally have six years to sue on a written contract and four years on an oral one. Contracts for the sale of goods under the UCC carry a four-year limit (NRS 104.2725). The clock typically runs from the date of the breach, and certain circumstances can pause or shorten it—so confirm your deadline early, because missing it can bar the claim.
What do I have to prove in a breach of contract case?
Generally four things: a valid, enforceable contract existed; you performed your obligations or had a valid excuse; the other party failed to perform; and you suffered damages as a result. Nevada also distinguishes a material breach, which can allow termination of the contract, from a minor breach, which usually supports damages but not termination.
What damages or remedies can I recover?
Typically compensatory damages for your actual losses, such as lost profits and added costs. A liquidated-damages clause may fix the amount in advance, and in some cases attorney’s fees and costs are recoverable where a contract or statute allows. Nevada also imposes a duty to mitigate—you are expected to take reasonable steps to limit your losses.
How are partnership, LLC-member, and shareholder disputes resolved?
These often turn on breach of fiduciary duty. Depending on the facts and governing agreement, resolution can involve a buyout, court-ordered dissolution, a derivative claim on the company’s behalf, or a negotiated separation. The operating agreement, bylaws, or partnership agreement usually drives the available options.
What is a breach of fiduciary duty claim?
Partners, officers, managers, and controlling owners owe duties of loyalty and care to the company and co-owners. A breach—self-dealing, diverting opportunities, misusing company assets, or acting against the entity’s interest—can support a claim for damages and other relief. These claims are common in closely held business breakups.
Do we have to arbitrate, or can we go to court?
It depends on your contract. Many commercial agreements contain arbitration clauses requiring private resolution, and these are generally enforceable. Even without one, mediation or settlement often resolves matters faster and less expensively than trial. The right path depends on your goals, the size of the dispute, and what your agreements require.
Where are business disputes heard in Nevada?
Many significant commercial cases in the Las Vegas area are handled in the Business Court of the Eighth Judicial District Court, a docket designed for complex commercial matters. Others proceed in general civil court, arbitration, or federal court depending on the parties, amount, and claims. Choosing the right forum early can affect both speed and outcome.
How long does commercial litigation take, and what does it cost?
Simple disputes may resolve in months; complex, contested cases can run one to two years or more, driven by discovery, expert work, and motion practice. Cost tracks complexity and is usually billed hourly. Weighing the cost and disruption of litigation against a negotiated resolution is part of a sound strategy from the outset.
How do non-compete and trade-secret disputes work in Nevada?
Non-compete agreements are enforceable in Nevada only within limits—they must be reasonable in scope, duration, and geography, and Nevada law restricts how they apply to certain employees. Trade-secret claims protect confidential business information that has been misappropriated. Both are fact-intensive and time-sensitive, so acting quickly to preserve evidence and seek relief often matters.
This page is for general information and is not legal advice. Every dispute is different; contact us to discuss your specific situation.
Part of our Las Vegas litigation practice.