Celebrating 75 Years of Serving Nevada’s Legal, Business, Government, and Civic Communities

Avoiding a Business Foul: Practical Steps to Dodge Business Litigation

The best litigation for business decision makers is the litigation that never happens. Court cases are time-consuming, expensive and take a business owner’s mind off business. The best way to avoid litigation? Document everything, know your obligations and be certain your protections are in place.

 “It sounds a little simplistic, but I would say, know your legal obligations, comply with them, and most important, create documentation of your compliance,” said Lee Roberts of Weinberg, Wheeler, Hudgins, Gunn & Dial.

 “Most litigation arises out of the business disputes with a party you’re doing business with, and it’s almost always about money,” said Roberts.

 Step one in keeping a business out of litigation is to make certain the rights and obligations of both sides of a deal are documented. Whether with a formal contract created by a lawyer or a memo of understanding, or even a letter sent to the other side, it’s important there be some form of written documentation.

 “Most disputes arise, in my view, from factual disagreements between two parties who want different things, or who believe that they’re entitled to some performance that the other side never expected to provide,” said Roberts.

 “Keep and maintain comprehensive documents,” said Aviva Gordon, Gordon Law. “Plenty of businesses, local in particular, have been successful for a very long time and have followed the term of ‘a person’s word is their bond.’ Unfortunately that doesn’t always hold true and documentation is always the best way to go.”

 Beyond documentation is understanding. Pat Lundvall of McDonald Carano, suggests business owners perform an internal audit, and hire competent counsel that will learn the business and evaluate the protections in place. Review employee handbooks and training of all kinds – safety, sexual harassment – and perform the reviews before there’s any threat of litigation.

 “Every business-based threat, how do you protect yourself against those threats? As with any form of protection, the first line of defense is prevention,” said Lundvall. Business owners should ensure they’re covered by every type of protection specific to their business, whether that’s insurance or contractual documents or some other protection.

“Having an audit done is just sound business advice,” Lundvall added.

To read entire article

Nevada Business.com

March 1, 2017

About McDonald Carano

In 2024, McDonald Carano celebrates 75 years of serving Nevada’s legal, business, government, and civic communities. More than 60 lawyers and government relations professionals serve Nevada, national, and international clients from our offices in Reno, Las Vegas, and Carson City. McDonald Carano provides legal services and government affairs and advocacy advice to startups, corporations, private companies, trade associations, nonprofits, public entities, high-net-worth individuals, and family offices throughout Nevada. We are proud to be your Nevada law firm since 1949.

Media Contact

Mark Buckovich


You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.

I have read this and want to send an email.