Oshinski & Forsberg, Ltd
Civil Attorney in Agua Fria, California

Civil Attorney in Agua Fria, California

What is Civil Litigation as well as an attorney serving Agua Fria, California to assist you?

 

Civil litigation is the procedure through which civil matters are solved in a courtroom. Civil matters can be defined as cases dealing with relationships between people, for instance a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, as in a criminal matter, civil cases are a person or company filing suit against another individual or business.

 

Types of Civil Litigation

  • Civil Rights
  • Product Liability
  • Civil Remedies
  • Business Torts
  • Civil Procedure
  • Professional Malpractice

Answers to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation

Q: When is it time to talk to an attorney at law about potential civil litigation?

When nervous that a company dispute will swiftly lead to formal legal action, it is critical that you talk about your choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there can be other less-costly options available as well. The quicker you get litigation counsel engaged, the greater the opportunity you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a highly skilled litigator will assert your company’s rights in the courtroom, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.

Q: My business in Agua Fria has just been sued. What / things I need to find out about the civil litigation process?

In case your company has just been sued, the first thing you need to complete is be sure you have a clear understanding with the deadlines that apply in your case. You may need to respond to the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, if you are going to challenge particular difficulties using the complaint, you could want to meet a certain deadline with regard to these challenges as well.

At this point, your organization also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend current records-management protocols – which includes those that involve the deletion or overwriting of electronic files in the ordinary course of organization.

In addition to pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also often involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation may be just about the most onerous elements on the litigation method. Having said that, you can find numerous grounds for challenging discovery requests in civil litigation, and your attorneys will likely be capable to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) techniques you may make use of the discovery approach to acquire leverage in the litigation.

Q: We took action against a former worker who violated privacy, and now we’re facing a lawsuit and also a public relations nightmare. What selections do we’ve got available?

This really is a potentially difficult predicament, and one that demands a swift and strategic method. While companies have to have to take sufficient steps to guard their proprietary details, they also want to be cognizant of your practical implications of suing a disgruntled former employee in today’s world of social media and explosive media coverage.

If a former employee has filed suit alleging discrimination, or if a former employee has initiated qui tam litigation against your corporation, these are matters that could be addressed through formal legal procedures. In case your company’s image is being battered inside the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.

Q: What would be the consequences if our litigation hold fails to preserve discoverable information?

The consequences of instituting a deficient litigation hold rely upon several different factors, such as the scope in the deficiency and also the potential effects around the litigation. In cases of intentional failure or gross negligence, organizations can face important sanctions; which includes a possible “negative inference” primarily based upon the perceived desire to help keep particular data in the other party. Instituting and internally enforcing an appropriate litigation hold is a needed a part of the litigation process, and it can be something that all providers really need to do in very good faith and with the guidance of skilled litigation counsel.

Q: Is it attainable to pursue federal civil litigation against a firm that may be currently facing a federal investigation?

Yes. In reality, it’s common for businesses that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your company, we can assist you to seek legal remedies in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. Inside the latter scenario, it may be of crucial value to have counsel who can represent you in each matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).

An additional frequent situation exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are usually filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive evidence. If your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from getting filed.

Q: When do I should look at taking legal action to defend my company?

As we talked about earlier, when you are facing any prospective company dispute with legal implications, searching for legal guidance promptly can be the best strategy to stay clear of expensive and contentious litigation down the line. Some examples of circumstances exactly where it can typically be advisable to engage litigation counsel to conduct a case assessment contain:

  • Breaches of payment or performance obligations
  • Breaches of confidentiality
  • Breaches of non-competition and non-solicitation covenants
  • Breaches of warranties, representations, and indemnity obligations
  • Misappropriation of trade secrets
  • Intellectual property infringement
  • Fraud
  • Tortious interference
  • Disputes involving mergers and acquisitions
  • Shareholder and partner disputes

Civil Attorney in Agua Fria, California