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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Do You Know What Your Bylaws Say?

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Austin headshotBy Austin K. Sweet.
If you own a business, you probably have a business entity. Maybe you heard that business entities provide some sort of liability protection, and someone mentioned that you should form an LLC, so you wen online, or better yet, to a lawyer, and formed and LLC. A few weeks later, you got a fancy looking book with your company’s name embossed in gold lettering. You played with the neat little company seal thingy for a few minutes, patted yourself on the back for being a responsible business owner with such an official looking book and seal, and then put to book on a shelf never to be touched again.

That is, of course, until your lawyer asked you to bring that book to his office because its contents will dramatically impact the outcome of the dispute you’ve recently entered into with your partner. Are you sure that book says what you want it to say? Do you even know what it says? How will this impact your business?

Read the full article featured in Northern Nevada Business Weekly Business Law Guide Here (page 7)

Electronic Service – Three Days for Emailing?

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By Austin K. Sweet

The law is often slow to catch up with technology, but thankfully courts moved quickly to adopt electronic filing.  Most members of the Young Lawyers Section living in Washoe County or Clark County have spent our entire careers with electronic filing and can hardly bear the thought of actually leaving the office and go stand in line at the courthouse to file a document.  But the quick adoption of electronic filing left some oddities – namely, the handling of electronic service.

Before electronic filing, documents could be served by hand or by first class mail.  Because service by mail takes longer, the rules provide that a responding party shall have three extra days to respond when a document is served by mail.  NRCP 6(e).  This rule makes perfect sense.

Then fax machines came along, creating a new method of service.  Facsimile service is only acceptable if the parties consent, and still allows for three extra days to respond.  NRCP 5(b)(2)(D); NRCP 6(e).  As technology advanced, service by email became acceptable and was lumped into the rules with service by fax.  Again, three days are added to the prescribed period to respond.  Id.  That’s where the logic starts to get fuzzy.

Things became more convoluted when electronic filing was introduced.  The Nevada Electronic Filing and Conversion Rules (“NEFCR”) were adopted by the Supreme Court and became effective on March 1, 2007.  Second Judicial (Washoe County) has adopted the NEFCR.  NEFCR 9(b) provides that the court’s electronic service provider must send an email to all registered users that a document has been filed.  NEFCR 9(f) provides that electronic service is complete at the time of transmission of the NEFCR 9(b) email.

Eighth Judicial (Clark County) has not adopted the NEFCR, instead adopting its own electronic filing rules.  EDCR 8.05(a) provides that documents electronically served through that court’s electronic filing process are subject to NRCP 5(b)(2)(D) and, by proxy, NRCP 6(e).

So what does all this mean?  When documents are electronically served through the court’s filing system in the Nevada Supreme Court or in Washoe County, three days are not added to the prescribed period to respond.  When documents are electronically served through the court’s filing system in Clark County, three days are added.  Likewise, when documents are electronically served in accordance with an agreement between the parties, three days are added.

Not surprisingly, this has created confusion.  Practitioners in Washoe County regularly misinterpret the relationship between NEFCR 9(f) and NRCP 6(e) and mistakenly believe that they are entitled to an additional three days when documents are served through eFlex.  This confusion is so widespread that the rules are rarely enforced as written and the Second Judicial judges are discussing revisions to the rules.

There is an easy solution to this problem – stop adding three days for emailing.  In today’s world of computers and smart phones, most attorneys check their email constantly.  It is likely that the average attorney reads the automated notifications from eFlex / Wiznet within minutes of receiving them.  By contrast, documents served by hand must be driven (or biked) from one office to another, processed through the firm, and eventually delivered to the attorney handling the case.

Chances are, attorneys are able to access and read electronically-served documents hours, or even days, before they are able to access and read hand-served documents.  Why then are attorneys granted three extra days to respond to documents served electronically?  If logic ever existed for this rule, it does not exist today.

The state and local rules throughout Nevada should be amended to reflect the realities of today’s electronic world.  Adding three days for electronic service is counterintuitive and unduly dilatory.  The rules should be modified and clarified to plainly provide that documents served electronically are deemed received the day they are served without adding three days.

Austin K. Sweet is an Associate at Gunderson Law Firm. He earned his Juris Doctorate from Boston University School of Law and can be contacted directly at asweet@gundersonlaw.com or 775-829-1222.