Gunderson Law Names Catherine Reichenberg, Esq. and Courtney Forster, Esq. as New Shareholders

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Gunderson Law Firm, a Reno-based, full-service law firm providing high quality, professional and personalized legal services, is pleased to announce that Catherine A. Reichenberg, Esq. and Courtney G. Forster, Esq. have officially been named as firm shareholders. Reichenberg and Forster both have extensive experience representing a wide-variety of businesses, real estate professionals, individuals and professionals in numerous fields in Nevada, California and across the Western United States.

“Catherine and Courtney’s diverse skill set and expertise in the many facets of business litigation play a pivotal role in our firm’s ongoing success,” states Mark H. Gunderson, Esq., Founding Shareholder of Gunderson Law Firm. “I look forward to the growth of Gunderson Law Firm and know they will continue to demonstrate their strong commitment to our client’s needs and dedication to excellence that our firm is known for.”

Reichenberg joined the firm in 2006, and her practice encompasses Commercial, Business and Real Estate Litigation and Commercial Transactions, Business Organization and Governance and Licensing. She regularly appears in both state and federal court across the Western United States and her trial experience includes trying several jury and non-jury commercial litigation matters as lead counsel as well as acting as co-counsel in many trials and commercial arbitrations. Throughout her time at Gunderson Law Firm, Reichenberg has earned numerous accolades including Mountain States Rising Star, awarded by Thompson Reuters Super Lawyers and Nevada Legal Elite, awarded by Nevada Business Magazine. She currently serves as a mediator for the Federal District Court of Nevada’s Inmate Litigation Program and was selected as a Nevada National Litigation Lead for the 2012 Presidential Election as well as a member of the Nevada State Bar Association’s Clients’ Security Fund Committee. She served as the 2011 President for Northern Nevada Women Lawyers and is an active member of the American Bar Association, the Nevada Bar Association, the Washoe County Bar Association and The Prospector’s Club. Reichenberg received her Juris Doctorate in 2006 from University of the Pacific, McGeorge School of Law and her Bachelor of Arts in 2001 from University of Oregon.

Forster specializes in Commercial and Business Litigation, Real Estate and Commercial Transactions, Business Formation, Governance, and Licensing Construction Defect Litigation. She joined Gunderson Law Firm in 2007, and is admitted to practice in Nevada and California. She is the author of numerous published articles on topics that affect individuals and businesses alike, including personal liability shields and construction defect reform, and has presented educational seminars to non-lawyer professional organizations. Throughout her time at Gunderson Law Firm, Forster has earned numerous accolades including Mountain States Rising Star, awarded by Thompson Reuters Super Lawyers, Nevada Legal Elite, awarded by Nevada Business Magazine and the 20 Under 40 Award, awarded by Reno Gazette Journal. She has served as two time past president and board member for the Crisis Call Center and is a member of the Washoe County Bar Association and The Prospector’s Club. She earned her Juris Doctorate in 2007 from the University of Notre Dame, and her Bachelor of Arts in 2004 from the University of Oregon.

 

About Gunderson Law Firm

 

Established in 1981, Gunderson Law Firm is a boutique, full-service practice providing high quality, personalized legal services. The Firm focuses primarily on commercial and civil litigation, emphasizing on contract, real property and business disputes. The attorneys work in partnership with their clients, almost as in-house counsel, and can handle all legal matters basically from the birth to death of any business. They pride themselves on their aggressiveness in the courtroom, responsiveness to clients, and overall legal expertise. The firm was originally founded by Mark Gunderson, Esq. and has since welcomed two additional shareholders, Catherine Reichenberg, Esq. and Courtney Forster, Esq., and attorneys Austin Sweet, Esq. and John Funk, Esq. Gunderson Law Firm has attorneys licensed to practice in all State and Federal courts in both Nevada and California and their practice areas include: Civil Litigation; General Contracts; Aviation Law; Administrative Law; Commercial Real Estate; Real Estate Development and Construction; Business Association Formation, Support and Litigation; and Insurance Law.

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Happy Nevada Day From Gunderson Law Firm

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This Nevada Day, we’d like to extend our appreciation to our clients, peers and friends. We feel fortunate to live and work in a place with great people, beautiful landscapes and amazing opportunities.

Cheers to the land we love the best!

From all of us at Gunderson Law Firm

Creating Certainty with Clear Contracts

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By Catherine Anne Riechenberg

Honesty and excellent communication are the hallmarks of successful people and businesses.  As the saying goes, “say what you mean and mean what you say.”  The contracts you use to solidify your business deals should be no different.  It is commonly believed that lawyers make their money inserting excessive legalese, subparts and other confusing language into otherwise intelligible agreements. The truth is that confusing contracts lead to litigation.  A good attorney will work with you to draft precise, clear and succinct contracts to help your business succeed.

So, you’ve reached an agreement with another person or business.  What do you do now?  Use the steps below as a guideline to make certain your written agreement is helping you and your business.

1.     Make Sure You Have An Agreement

All contracts require that the parties have reached a “meeting of the minds” on the essential terms in order to be valid.  There must be a fundamental agreement as to who is entering into the contract, what they are each promising to do, and when they promise to perform.  From time to time the parties may think they have reached an agreement up until they begin to reduce it to writing.  Further, separate parties may have an understanding or belief that is not properly reflected in the contract itself.  Remember: If it isn’t in the contract, your understanding or belief may be incorrect or not shared by the other party.  Make sure that you have reached a precise agreement and that the agreement reached is specifically reflected in the contract as drafted.

2.     Use Clear Language

If you one day must enforce your contract in the courts, the judge will look to the contract as drafted to determine the parties rights.  Therefore, it is imperative that the contract be clear on its face.  Look for holes and fill them.  Define terms used.  Any ambiguity could be interpreted against you, so at the outset read through your contract critically to make sure a third party would understand the specific understanding and promises made by the contracting parties.

Remember though, the clarity of a contract is not reflected by its length.  It is important that the language used be precise and understood by the contracting parties, but it doesn’t mean that over-drafting will help you should things go side-ways.  As such, avoid using contracts with words like “insofar,” “whereas,” “hereby,” etc. or unnecessary boilerplate phrases. Generally, legalese terms and boilerplate language can be simply removed to make the contract more understandable and clear.

3.     Balancing Act

A good contract both reflects the parties mutual understanding of what is expected of both of them while providing the proper protections should anything go awry.  The more clear the expectations of each are laid out in the contract, the better.  Addressing concerns, questions and specifics up front will save you time and money later.

A more experienced lawyer once told me “when people enter into contracts, everybody is in love and they don’t think through what will happen when everything falls apart.”  Learn from other’s mistakes and think ahead to what you’ve agreed will happen when and if the other side doesn’t perform.  What penalties are there, if any?  Where have you agreed to handle your dispute (city, state, court, arbitration, etc.)?  What law will apply?  If there is a dispute, is the prevailing party entitled to attorney fees and costs?  Make sure you negotiate, understand and agree to these terms in the beginning as they may very well help you in the end.

4.     Review, Question, and Revise

Have an attorney review your contracts, ask questions and revise your agreement as necessary.  A well-drafted contract will save you money in the long run.  It also helps the parties communicate their expectations and understanding so that when they do perform, they’re doing what they agreed, not what they thought they agreed to.

5.      If It Doesn’t Come Together, It’s Ok

You can’t make good deals with bad people, and litigation is never a good business venture.  If you can’t agree on contract terms, in some instances it’s a sign of issues downstream.  Take the time to ensure everyone is in agreement, that everyone understands the contract, and that you are comfortable with its terms so you can move forward in a positive direction.  Also take the time to have both sides seek the advice of separate legal counsel.  In the long run, you and your business will be more successful because you took the time to do it right.

Catherine Reichenberg is a Senior Associate at Gunderson Law Firm, and represents a variety of local, regional and national clients from business owners, commercial and residential real estate brokers and agents, homeowners, professionals, developers, contractors and others. She can be contacted directly at creichenberg@gundersonlaw.com or 775-829-1222.