Monday, February 8, 2010

Business Courts in the United States and Around the World

Nevada Business Courts

In Nevada, the Business Court dockets were created on the model of business courts located within Delaware, Maryland, Pennsylvania, and North Carolina. As such, the creation of the Business Court is an embodiment of Nevada’s efforts to attract corporations and other business entities to locate in Nevada. Nevada business lawyers have noted that the main goals of the Business Court are to provide comprehensive case management to avoid business interruption during pending litigation, provide close management of factually and/or legally complex commercial litigation, and provide consistency of decisions to enable business planning. Moreover, Nevada wants to ensure that any legal disputes will be handled efficiently, competently, predictably, and that they will be able to continue business activities with minimal interruption. For more information see

Obtaining jurisdiction in Nevada Business Courts is within the sole discretion of the Business Court judge who receives a transfer request by one of the litigating parties. The judge’s decision to accept or decline jurisdiction of the case is final. There are no appeals to this jurisdictional question, allowing for an expedient resolution in commercial litigation.
Within Nevada’s Business Court, these types of cases may be filed under Eighth Judicial District Court Rules (EDCR) Rule 1.61 concerning the “Assignment of Business Matters.” These matters involve: (1) disputes concerning the validity, control, operation, or governance of entities created under Nevada Revised Statutes Chapters 78-88, including shareholder derivative suits; (2) disputes concerning trademarks asserted under Nevada law, causes of action asserted pursuant to the Nevada Trade Secrets Act, the Nevada Securities Act, involving investment securities described in Article 8 of the Nevada UCC, or commodities described in NRS Chapter 90; (3) disputes between two business entities where the court determines that the case would benefit from enhanced case management (business entities on both sides of the “v”, and the case involves complex facts and or legal issues – this catchall provision provides that it is left to the discretion of the Business Court Judges to determine whether the case is appropriate for Business Court).

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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