When a dispute could decide your company’s future
Business litigation is different from other disputes in one way that matters. The case competes with the business itself for your attention. Every hour in a deposition is an hour you are not running the company, and that disruption often costs more than the legal fees. Your opponent knows it, and some of them count on it.
I am Mitchell Bisson, a Las Vegas business litigation attorney. I represent Nevada businesses and their owners in commercial disputes throughout Clark County, from contract fights and partnership breakups to bet-the-company litigation. I have litigated cases in Nevada and Michigan for over 15 years. I handle your matter myself. Big-Firm Power. Street-Level Grit. You work with the lawyer actually doing the work, not a rotating team you are billed for the handoffs between.
Litigation is a business decision, and I treat it as one. You get a direct read on exposure, cost, timeline and the realistic range of outcomes. When settling or walking away is the sounder commercial call, I will tell you.
Commercial matters I handle in Las Vegas and across Nevada
- Breach of supply agreements, service contracts and distribution arrangements, and UCC disputes over goods
- Partnership, shareholder and LLC member disputes: deadlock, freeze-outs, negotiated buyouts, accountings and judicial dissolution
- Claims against officers, directors, managers and managing members who put themselves ahead of the entity, within the limits Nevada law sets on their duties and liability
- Non-compete and non-solicitation disputes under NRS 613.195, for employers and employees
- Trade secret misappropriation under the Nevada Uniform Trade Secrets Act, NRS Chapter 600A
- Business torts: tortious interference with contract or prospective advantage, unfair competition, conversion and civil conspiracy
- Fraud in business transactions, including fraudulent inducement and concealment in the sale of a business or in financing
- Commercial real estate and lease litigation, including CAM disputes, defaults, guaranties and commercial evictions (see my Las Vegas real estate attorney page)
Nevada Business Court in Clark County
The Eighth Judicial District Court in Clark County operates a specialized business docket, with commercial cases assigned to designated departments. It exists because complex commercial cases do not sit comfortably on a general civil calendar beside routine matters. The Eighth Judicial District Court has been running a Business Court pilot since mid 2026, and eligibility depends on the case type and the current assignment order. Non-compete and non-solicitation employment disputes are not eligible, so I confirm the assignment before filing.
The advantages are practical. The judges handle commercial disputes routinely and understand entity law and financial evidence without a tutorial. Case management tends to be more active, which keeps complex cases from drifting. EDCR 1.33(b) calls for business court judges who have experience as a judge or practitioner in business matters.
Eligibility depends on the claims. EDCR 1.61 covers disputes that turn on Nevada’s entity and securities statutes (NRS Chapters 78 to 92A), Uniform Commercial Code claims, business torts, the sale of a business or commercial real estate, and franchise disputes. A mere connection to a company or a commercial deal is not enough. How the complaint is pleaded influences whether a case qualifies, which is one reason the first document filed matters more than people think.
Non-compete agreements under NRS 613.195
Nevada allows non-competes but limits them by statute, and employers and employees both misjudge where the limits fall. To be enforceable, a covenant must be supported by valuable consideration, must not impose a greater restraint than necessary to protect the employer’s legitimate interests, must not impose undue hardship on the employee, and must impose restrictions appropriate in relation to the consideration supporting it. Each of those is a fact question, which is why results vary so widely between a narrow twelve-month restriction and a sweeping multi-year nationwide bar.
The statute also contains rules that depend on how the employment ended, on how the worker is paid and on whether former customers sought the worker out. Those provisions have been amended in recent years and they change outcomes, so I read the statute as it stood when the agreement was signed and when the employment ended, against the actual agreement and separation documents. An employee who was laid off should not assume the covenant is dead, and an employer should not assume it is enforceable, until that reading is done. An employer sending a cease-and-desist the statute does not support invites its own problems.
The line between soliciting business and receiving it is often where these disputes are decided, so records of who contacted whom are unusually valuable. Where a court finds an otherwise valid covenant overbroad, Nevada law directs the court to revise it instead of striking it, and in an action to enforce or challenge a covenant, a court that finds the employer applied it to an hourly-wage employee, or tried to bar a former employee who is otherwise following the covenant from serving a customer who left voluntarily without being solicited, must award the employee reasonable attorney’s fees and costs. Employers should not treat that as permission to overreach.
Protecting trade secrets
Nevada has adopted the Uniform Trade Secrets Act at NRS Chapter 600A. Protection extends to information that derives independent economic value from not being generally known and that is the subject of reasonable efforts to keep it secret.
The second element is where companies lose cases they should win. If the information was never marked confidential, was open to everyone in the company, was covered by no agreement and sat on unmonitored devices, a court may find no reasonable efforts were made. You build protection before the dispute, not after.
Where misappropriation occurs, remedies can include an injunction against use or disclosure, damages for actual loss and unjust enrichment, and, for willful, wanton or reckless misappropriation, exemplary damages of up to twice the award, with attorney’s fees available for willful and malicious misappropriation or for claims made in bad faith. Speed matters. A secret that becomes public is not a secret, and the window for meaningful injunctive relief closes fast.
Owner, partner and member disputes
Disputes among owners are the most personal commercial cases and often the most damaging, because the people fighting are the same people who have to keep the business running.
The patterns repeat. One owner shuts another out of management or information. Someone takes excessive compensation or diverts opportunities. Profits stop being distributed. Deadlock leaves no one able to outvote anyone. A departing owner and the company disagree on what the interest is worth.
Your operating agreement, partnership agreement or shareholder agreement governs much of this, and its quality usually determines how painful the dispute becomes. Where it is silent, Nevada’s default statutory rules fill in, and those defaults are often not what either side expected. Remedies range from a negotiated buyout to claims for breach of fiduciary duty where the entity type and governing documents impose one, a compelled accounting and, in appropriate cases, judicial dissolution.
Personal liability and piercing the corporate veil
Nevada generally respects the separateness of corporations and LLCs. That separation is much of the reason people form them. But courts can pierce the veil and reach owners personally when the entity is essentially the owner’s alter ego and honoring the corporate form would sanction fraud or promote a manifest injustice.
Courts look at whether formalities were observed, whether the entity was adequately capitalized and whether personal and business funds were commingled. The lesson runs both directions. If you own a business, paying personal expenses from the company account is not a bookkeeping quirk. It is liability exposure. If an undercapitalized entity owes you money and its owner treats it as a personal checkbook, the owner may be reachable.
Emergency relief
Some commercial harm cannot wait for a trial date. When conduct threatens immediate and irreparable injury, such as a departing employee using your trade secrets, a partner draining accounts or a competitor violating a valid covenant, I can seek a temporary restraining order and preliminary injunction to stop it while the case proceeds.
These applications move on a compressed timeline measured in days. They need evidence, not allegations, and they typically require the applicant to post a bond. The standard is demanding and the schedule is unforgiving, so call early and not after weeks of internal deliberation.
How a Nevada commercial case moves
Assessment and leverage
Before filing I identify the contract terms that control, any fee-shifting provisions, any arbitration or forum clause, the applicable deadlines and the other side’s practical ability to pay. I also identify your exposure, because opposing parties in commercial disputes often have counterclaims, and you want those on the table before you commit.
Demand and pre-suit negotiation
A precise demand letter from counsel, citing the provisions breached and the remedy sought, resolves a meaningful share of commercial disputes. It also builds a record of your reasonableness that matters later if fees are in play.
Pleading and early motions
The complaint determines available damages, Business Court eligibility and whether fees can be recovered. Expect a motion attacking the weaker claims, and expect counterclaims. The first sixty days shape the rest of the case.
Discovery
Commercial discovery is document-heavy: contracts, communications, financial records and electronically stored information from email systems, messaging platforms and devices. Preservation duties attach as soon as litigation is reasonably anticipated, so your retention practices need to change the day a dispute becomes likely, not the day you are served.
Consultants and damages
Many commercial cases turn on the damages calculation as much as on liability. Forensic accountants, industry consultants and business valuation professionals often decide the outcome, particularly in lost-profit and ownership-interest disputes.
Resolution
Most commercial cases settle, usually after the evidence is developed and each side sees the other’s proof. Those that do not are tried. I prepare for that from the start, because credible trial readiness is what makes settlement work in your favor.
Preserve evidence before a dispute becomes a case
Two habits cost almost nothing and change outcomes.
Put it in writing. Confirm significant conversations by email. A short message summarizing what was agreed becomes strong evidence and takes thirty seconds. Verbal understandings that both sides remember differently are the most common source of avoidable commercial litigation.
Stop deleting once a dispute is foreseeable. The duty to preserve evidence attaches when litigation is reasonably anticipated, not when suit is filed. Losing relevant emails after that point can bring sanctions. If the emails cannot be restored or replaced and the loss prejudices the other side, the court can order measures to cure the harm. If the court finds you intended to deprive the other side of them, it can instruct the jury to presume they were unfavorable, dismiss the case or enter a default. Suspend automatic deletion early.
Beyond the courtroom: forming, running and protecting your business
Most business clients find me in the middle of a dispute. Many say they wish they had called sooner, before the problem existed. I also help Nevada owners set their companies up correctly and keep them protected as they grow.
- Entity formation: choosing among an LLC, a corporation and a partnership, and what each means for liability, taxes and control, in coordination with your accountant
- Operating agreements, shareholder agreements and buy-sell terms that say what happens when owners disagree, leave or die
- Contracts with customers, vendors, landlords and employees, including confidentiality and non-compete terms
- Ongoing counsel from a lawyer who knows your business and can answer a question before it becomes a lawsuit
- Entity housekeeping: annual filings, records and the formalities that help keep owners from personal liability
Nevada gives owners wide freedom to write their own rules, and that freedom cuts both ways. A vague operating agreement is an invitation to litigation. Because I litigate these documents, I draft with the dispute in mind.
Related Nevada practice areas
General contract, fraud and HOA disputes are on my Las Vegas civil litigation attorney page. Property and lease fights are on my Las Vegas real estate attorney page. If a business owner faces criminal exposure, see my Las Vegas criminal defense lawyer page. If an owner or employee was hurt, see my Las Vegas personal injury lawyer page. Appeals from a business judgment are on my Nevada appeals lawyer page, and short answers are on my Nevada legal FAQs page.
Common questions about Nevada business litigation
When should I call a Las Vegas business litigation lawyer?
When the other side has made a demand, sent a cease-and-desist, filed suit in the Eighth Judicial District Court or done something that puts your company at risk, and before you answer anything in writing. The first step is a direct read on exposure, cost, timeline and the realistic range of outcomes. A Las Vegas contract dispute lawyer can also tell you early whether settling or walking away is the sounder commercial call.
What is Nevada’s Business Court and will my case qualify?
It is a specialized docket within the Eighth Judicial District Court for business and commercial disputes, which the court has been running as a pilot since mid 2026, offering judges experienced in complex commercial matters and more active case management. Qualification depends on the claims, such as disputes that turn on Nevada’s entity and securities statutes, Uniform Commercial Code claims, business torts, the sale of a business or commercial real estate, and franchise disputes. A mere connection to a company or a commercial deal is not enough. How the complaint is pleaded affects assignment, and I confirm the assignment before filing. My post on what qualifies for Clark County business court covers eligibility and how a case gets designated.
What is the Nevada breach of contract statute of limitations for a business contract?
For a commercial agreement, the main periods under NRS 11.190 are six years for a written contract and four for an oral contract, and fraud claims generally carry three years running from discovery. In an owner or partner dispute the same facts often support a contract claim, a fraud claim and a fiduciary duty claim, so I check each theory against its own deadline instead of assuming one date controls. The clock typically starts at the breach, not when you gave up trying to resolve things informally, and months of good-faith negotiation do not extend it unless you have a signed tolling agreement or a court finds grounds to toll the deadline. My post on how long you have to sue for breach of contract in Nevada covers accrual and shortened periods.
Are non-compete agreements enforceable in Nevada?
They can be, within the limits of NRS 613.195. The covenant must be supported by consideration, must be no broader than necessary to protect legitimate interests and must not impose undue hardship on the employee. Whether yours holds up turns on scope, duration, geography, how the employment ended and what the employer is actually protecting. I handle these disputes for employers and employees, and I read the statute against your actual agreement.
I was laid off. Can my employer still enforce my non-compete?
Possibly, but the statute treats separations from reductions in force and reorganizations differently from other departures, and the answer can depend on whether the employer is still paying you. Do not turn down a job, or take one, until the agreement, your separation documents and the version of the statute that applies to you have been reviewed.
A former employee took our client list. What can we do?
Move immediately. Under NRS Chapter 600A you may be able to get an injunction stopping the use or disclosure, recover your losses and their unjust enrichment, and, for willful, wanton or reckless misappropriation, seek exemplary damages of up to twice the award, with attorney’s fees available for willful and malicious misappropriation or for claims made in bad faith. Preserve the evidence now: device forensics, email and access logs, and the timeline of the departure. These cases depend on proof of taking, and that proof degrades or disappears quickly.
Can the owners of a company be held personally liable?
Sometimes. Nevada courts can pierce the corporate veil where the entity functions as the owner’s alter ego and respecting the corporate form would sanction fraud or promote a manifest injustice. Courts look at formalities, capitalization and commingling of personal and business funds. I pursue these claims against owners who abused the form, and I defend owners against overreaching attempts to hold them personally liable for legitimate business obligations.
My business partner is freezing me out. What are my options?
Start with the operating or partnership agreement, which usually governs management rights, information access, distributions and exit. If you are shut out of management, denied the books and records, or deprived of distributions while the other owner takes compensation, claims may include breach of contract, breach of the implied covenant of good faith and fair dealing, a records demand, an accounting and, in serious cases, judicial dissolution. Whether fiduciary duty claims are available depends on the type of entity and what the governing agreement says. Preserve your access to company records now, before it is cut off.
Can I get an emergency order to stop something immediately?
Possibly. When conduct threatens immediate and irreparable harm, such as misuse of trade secrets, violation of a valid covenant or dissipation of company assets, a temporary restraining order and preliminary injunction can halt it while the case proceeds. These need evidence, move on a schedule of days and generally require a bond. Delay can defeat them, because waiting undercuts the claim that the harm was urgent.
Will I be able to recover my attorney’s fees?
Sometimes. Many commercial contracts contain prevailing-party fee provisions, certain statutes provide for fees, including in willful trade secret cases, and NRCP 68 can shift costs and, in the court’s discretion, attorney’s fees against a party who rejects an offer and then fails to get a more favorable judgment. Fee exposure changes settlement behavior more than almost anything else, so I identify every available basis at the outset.
What happens if my LLC has no operating agreement?
Nevada’s default statutory rules govern, and those defaults are often not what the owners assumed on management authority, distributions, transfers of interests and dissolution. Disputes among owners without a written agreement are harder, longer and costlier to resolve because there is no agreed framework. If your business is running smoothly without one, that is the ideal time to put one in place.
Someone is interfering with my business relationships. Is that actionable?
It can be. Nevada recognizes tortious interference with contractual relations and with prospective economic advantage. These generally require a valid contract or prospective relationship, the defendant’s knowledge of it, intentional acts meant to disrupt it, actual disruption and damages. Conduct is not actionable if it is privileged or justified, such as when the defendant acts to protect its own interest, so the reason behind the conduct matters.
How much will commercial litigation cost?
More than most clients expect, which is why I raise it at the first meeting and not with the third invoice. In a commercial case the cost follows the scope of discovery, the number of parties, whether forensic accountants or valuation consultants are needed, whether you need emergency injunction work and how the other side litigates. I explain my fee arrangement at the consultation, before you decide whether to hire me. Where the economics do not justify the fight, I will say so.
Can I sue in Nevada if the other company is out of state?
Often, depending on their contacts with Nevada and on what your contract says. Many commercial agreements contain forum selection and choice of law clauses that settle the question in advance, and Nevada courts generally enforce them. Without a clause, jurisdiction depends on whether the out-of-state party transacted business here or directed conduct at Nevada. Resolve it early, because litigating the forum is expensive and the answer shapes everything else.
My contract has an arbitration clause. Am I stuck with it?
Usually. Nevada courts generally enforce arbitration agreements in commercial contracts. Binding arbitration means limited discovery, a private decision-maker you help select and pay for, and very narrow grounds to appeal an adverse award. It can be faster and more confidential than litigation. Challenges are possible where the clause is unconscionable, was never properly agreed to or does not cover the dispute, but plan on it being enforced.
What if the other side goes bankrupt?
A bankruptcy filing triggers an automatic stay that halts your collection efforts and most litigation, and violating it has consequences. You generally pursue your claim through the bankruptcy, where unsecured creditors often recover little. That is why collectability should be assessed before litigating, and why security interests, personal guaranties and quick action when a counterparty shows distress are worth far more than a judgment obtained after the fact.
Can I sue for lost profits?
Yes, but they must be established with reasonable certainty, not estimated optimistically. Nevada does not allow recovery of speculative profits, which is the most common reason these claims fail. Established businesses with a track record are in a much stronger position than startups projecting what they would have earned. Success generally requires financial records, a defensible methodology and usually a retained consultant who can withstand cross-examination on the assumptions.
What is the difference between a member-managed and manager-managed LLC?
In a member-managed LLC the owners run the company directly and generally share management authority. In a manager-managed LLC authority sits with designated managers, who may or may not be owners. The distinction decides who can bind the company and whether a decision was properly made. Whether a manager or managing member owes fiduciary duties depends on the articles and the operating agreement, because Nevada limits those duties to the implied covenant of good faith and fair dealing and any duties the articles or operating agreement expressly prescribe. It is one of the first things I check in an owner dispute, because it often decides whether conduct was a breach or simply an exercise of authority the operating agreement granted.
Talk to a Las Vegas business litigation attorney
If you need a Las Vegas commercial litigation attorney because a dispute is putting your company at risk, call me before the other side sets the schedule. Your Rights, My Fight! Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines.
Call for a free initial consultation: (702) 602-4990
Law Offices of Mitchell S. Bisson 625 S. 6th St., Ste. 505 Las Vegas, NV 89101 MBisson@BissonLegal.com
This page provides general information about Nevada law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case turns on its own facts.