Business Court

Mr. Carter is an experienced practitioner in Nevada Business Court. He has prosecuted and defended shareholder derivative actions involving claims of breach of fiduciary duty against corporate officers and directors. In addition, Mr. Carter has prosecuted and defended claims asking the Court to appoint receivers for various Nevada corporations under NRS 78.650. He has also prosecuted suits to compel election of directors of publicly traded Nevada corporations under NRS 78.345. Moreover, Mr. Carter has experience prosecuting and defending claims of unfair business competition.

Mr. Carter has also represented numerous individuals and businesses involved in commercial disputes, including prosecuting and defending against claims for breach of contract, equitable relief, and tort claims. Mr. Carter has also litigated over multiple types of insurance policies, including commercial general liability insurance, fiduciary liability insurance, dishonesty bonds, medical plan stop-loss insurance, and under-insured motorist coverage.

Furthermore, Mr. Carter has used mediation, arbitration, and negotiation to amicably resolve disputes for his clients. He has been qualified to serve on the roster of arbitrators for FINRA, the organization that regulates brokers and dealers in the securities industry.

Mr. Carter is the author of the Nevada Business Court Report.

 

The purposes of Nevada Business Court

Developed on the Delaware model, the Business Court in Nevada minimizes the time, cost and risks of commercial litigation by:

  • Early, comprehensive case management
  • Active judicial participation in settlement
  • Priority for hearing settings to avoid business disruption
  • Predictability of legal decisions in commercial matters

 

Cases qualifying for Business Court

A civil case will be assigned to the business court docket if the primary subject matter of the action is:

A dispute concerning the validity, control, operation or governance of entities created under NRS Chapters 78-88 (corporations, limited liability companies, partnerships, limited parterships, and business trusts), including shareholder derivative actions;

  • A dispute concerning a trade-mark or trade name;
  • A claim asserted pursuant to the Nevada Trade Secrets Act, NRS 600A.010, et seq.;
  • A claim asserted pursuant to the Nevada Securities Act, NRS 90.211, et seq.;
  • A claim asserted pursuant to the Nevada Deceptive Trade Practices Act, NRS 598.0903, et seq.;
  • A claim involving investment securities governed by NRS 104.8101, et seq.; or,
  • Any dispute among business entities if the presiding judge of the business court docket determines that the case would benefit from enhanced case management.