Business Law and Commercial Litigation

FAVORABLY RESOLVING BUSINESS DISPUTES

Disputes unfortunately arise while doing business. We assist our clients in resolving these disputes before litigation commences because this is often the best time for resolution. Although helping our clients avoid litigation, EFSMM is prepared to handle your complex commercial litigation from pleadings and discovery through trial and appeal. Whether the claim involves a contract, business tort, patent or copyright infringement, or any other issues that arise while conducting business, we have the experience and flexibility to help you achieve the best possible results. 

Attorneys at EFSMM have extensive experience handling business law and commercial litigation in both court and arbitration proceedings, including matters involving breach of contract, breach of fiduciary duty, interference with contractual relations, fraudulent misrepresentation, and intellectual property. Representative clients include large companies, local businesses, and individuals. Representation of business clients’ interests often involves time-sensitive and emergency pretrial remedies such as temporary restraining orders and other injunctive relief.

REPRESENTATIVE MATTERS

  • EFS defended a publicly traded company in a multi-week arbitration before private arbitrator against allegations of improper accounting and breach of the parties’ acquisition agreement. EFS was retained as lead arbitration counsel less than a month prior to the arbitration, drafted arbitration brief, prepared key witnesses and cross-examined opposing party’s witnesses.
  • EFSMM attorneys were trial counsel in a case rescinding an asset purchases agreement and alleged fraud. Our attorneys successfully obtained a judgment awarding damages in excess of $40 million.
  • EFSMM attorneys have helped prosecute and defend patent infringement cases, copyright and trademark cases, including assisting co-counsel in navigating the unique aspects of Local Patent Rules and Practice in the U.S. District Court, District of Nevada’s patent pilot program. Technologies handled include various smartphone applications, software, mechanical, and gaming technology, and racing equipment.
  • EFS attorneys have obtained an emergency injunction removing a director of a non-profit organization involved in illicit financial activities and obtained an equitable lien in real estate holdings at trial on behalf of defrauded clients.

Contact a Team Leader

For more information regarding Commercial Litigation, please contact our practice group leaders Chad Fears and David Gutke.

Chad R. Fears

Position: Partner
Phone: +1-702-805-0215
Email: cfears@efsmmlaw.com
Categories: Appeals, Commercial Litigation, Employment Litigation, Medical Devices & Pharmaceuticals
Location: Las Vegas
One of the founding partners of EFSMM, Chad Fears’ practice focuses on product liability cases with an emphasis on medical devices and pharmaceuticals.  He has defended major pharmaceutical companies regarding their medications for hormone therapy, diabetes,  high cholesterol, and varies birth control products.  He has been a member of strategy, company witness, expert, and trial teams in these litigations.  Chad also litigates cases involving mass and toxic torts, consumer products and business disputes.  Chad knows how to develop themes and strategies that will lead to success in resolving the litigation, whether at motion practice or at trial.
  • Practice Areas

    Mass & Toxic Torts Medical Devices & Pharmaceuticals Appeals Consumer & Industrial Products Business Law & Commercial Litigation

  • Education

    J. Reuben Clark Law School, Brigham Young University (J.D. 1999) Magna cum laude Order of the Coif Brigham Young University (B.A. with University Honors, 1996) B.A. – Political Science, B.A. – French Thesis – Moderation in the Federalist: A Modern Republican Virtue

  • Court/Bar Admissions

    Supreme Court of Nevada District of Columbia Court of Appeals United States District Court, District of Nevada United States Court of Appeals, Fourth Circuit United States Court of Appeals, Ninth Circuit

  • Legal Membership/Honors

    Defense Research Institute International Association of Defense Counsel Honor Roll, Legal Aid Center of Southern Nevada Mountain States Super Lawyers, Products (2019-2023) Legal Elite/Top Rank Attorneys, Nevada Business Magazine (2012-2022)

Chad R. Fears

Partner

Chad R. Fears’ practice is concentrated on product liability cases...

David W. Gutke

Position: Partner
Phone: +1-702-805-8444
Email: dgutke@efsmmlaw.com
Categories: Commercial Litigation, Discovery, Mass & Toxic Torts, Medical Devices & Pharmaceuticals, Product Liability
Location: Las Vegas

David W. Gutke defends a variety of product liability actions, including representation of vehicle, construction equipment, medical device, and pharmaceutical manufacturers. In particular, David manages coordinated proceedings and collections of numerous mass tort products lawsuits. He further handles electronic discovery and document management aspects of coordinated litigation.

David also prosecutes and defends commercial litigation matters, including breach of contract, business torts, and real property disputes on behalf of a variety of clients. He frequently serves as local counsel in the prosecution and defense of patent infringement matters in federal court. David has been involved in multiple high-stakes trials of products liability and commercial litigation matters.


  • Practice Areas

    Consumer and Industrial Products
    Mass & Toxic Torts
    Commercial Litigation
    Discovery
    Medical Devices & Pharmaceuticals


  • Education

    University of Utah (J.D., 2005)
    William H. Leary Scholar
    President, Student Intellectual Property Law Association
    Utah State University (B.S., Physics, 2001)
    College of Science Scholarship


  • Court/Bar Admissions

    Supreme Court of Nevada
    United States District Court, District of Nevada
    Ninth Circuit Court of Appeals


  • Legal Memberships/Honors

    Mountain States Super Lawyers®,
    Personal Injury – Products: Defense (2015-2018, 2020)
    Mountain States Super Lawyers®,
    Product Liability Defense (2019) (2024)
    Mountain States Super Lawyers®,
    Business Litigation (2013-2014)
    Legal Elite
    Top Southern Nevada Attorneys,
    Nevada Business Magazine (2014)
    Mountain States Super Lawyers®,
    Rising Star, Business Litigation (2012)
    Super Lawyers (2021-2022)
    Chair Elect of Product Liability and Mass Tort Section, State Bar of Nevada

David W. Gutke

Partner

David W. Gutke’s practice is focused on product liability defense,...