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OPINION: Switch Lawsuit and Counterclaim Inject New Intrigue into Nevada Success Story

Switch’s Legal Battle in Nevada Raises Competitive Concerns

Storey County, NV – Switch’s Citadel Campus, a striking red data center at the Tahoe-Reno Industrial Center, is at the center of a legal dispute that underscores the competitive landscape of the tech industry in Nevada. After a significant acquisition by DigitalBridge in December 2022, Switch has been making headlines for its dramatic growth in the data infrastructure sector, amid substantial investments from companies like Google.

However, Switch now finds itself embroiled in a lawsuit against Tract Capital Management over a restrictive covenant designed to prevent the construction of competing data centers. Tract, which acquired property in the area, aims to develop land for potential future companies, leading to a legal challenge as Switch argues that their operations would breach existing agreements.

Recently, District Judge James Russell denied part of Switch’s preliminary injunction motion, suggesting that their interpretation of the covenant was inconsistent with Nevada law. The evidence presented portrays Switch’s CEO, Rob Roy, as someone who allegedly uses aggressive tactics to deter competition.

In a counterclaim filed by Tract, the lawsuit accuses Switch and Roy of malicious behavior aimed at hindering potential competitors in the state. Claims of tortious interference and civil conspiracy have surfaced, fueled by alleged emails that demonstrate a pattern of harassment towards rival businesses.

As the legal battle unfolds, the implications for Nevada’s burgeoning data center industry are significant. The case reflects broader concerns about monopolistic practices within a rapidly growing sector, leaving stakeholders and taxpayers questioning whether the tax incentives provided to companies like Switch are beneficial.

With fierce competition heating up, Switch’s legal struggles and their future in the Silver State warrant close attention as both sides prepare for an anticipated court battle in 2025.

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Photo credit thenevadaindependent.com

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