What’s Civil Litigation and an attorney servicing Stewart, Nevada that may help you?
Civil litigation is the procedure in which civil matters are solved in a courtroom. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like a criminal matter, civil cases are an individual or business filing suit against another individual or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to talk with an attorney at law about potential civil litigation?
Any time you are worried that a business dispute will swiftly lead to formal legal action, it is vital that you talk about the options with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there can be other less-costly solutions as well. The sooner you get litigation counsel included, the greater the opportunity you’ll have to find an informal solution that protects your company without the time and money of litigation. While an experienced litigator can assert your company’s rights in the court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Stewart, Nevada has just been sued. Things I need to learn about the civil litigation process?
In case your organization has just been sued, the very first thing you’ll need to accomplish is be sure to possess a clear understanding from the deadlines that apply in your case. You need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you are going to challenge particular challenges with the complaint, you might need to meet a distinct deadline with regard to these challenges at the same time.
At this point, your firm also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may well potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend existing records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of business.
As well as pre-trial motions, hearings, and settlement negotiations, complicated company disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant for the litigation, and meeting your production obligation can be one of the most onerous elements on the litigation procedure. Having said that, there are actually several grounds for challenging discovery requests in civil litigation, as well as your attorneys might be capable to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) methods you may make use of the discovery process to obtain leverage inside the litigation.
Q: We took action against a previous member of staff who breached confidentiality, and now we’re facing a lawsuit plus a public relations nightmare. What choices do we’ve got available?
This can be a potentially difficult circumstance, and one particular that calls for a swift and strategic method. Whilst businesses need to take sufficient steps to safeguard their proprietary facts, in addition they require to be cognizant with the sensible 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 company, these are matters which can be addressed via formal legal procedures. If your company’s image is becoming battered inside the public arena, we are able to 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 depend upon a variety of things, including the scope with the deficiency plus the potential effects on the litigation. In instances of intentional failure or gross negligence, businesses can face considerable sanctions; such as a prospective “negative inference” based upon the perceived need to keep particular facts from the other celebration. Instituting and internally enforcing an appropriate litigation hold is usually a essential part of the litigation approach, and it is something that all corporations need to do in fantastic faith and with the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a business which is currently facing a federal investigation?
Yes. In actual fact, it truly is widespread for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your company, we can assist you to seek legal treatments 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 situation, it may be of essential value to have counsel who can represent you in both matters, as decisions you make inside your civil case can potentially impact your government investigation (and vice versa).
One more frequent situation where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are frequently filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your business is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from getting filed.
Q: When do I have to contemplate taking legal action to protect my company?
As we mentioned earlier, in case you are facing any possible small business dispute with legal implications, looking for legal guidance promptly is often the most effective approach to steer clear of costly and contentious litigation down the line. Some examples of conditions exactly where it is going to usually 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
- Tortious interference
- Disputes involving mergers and acquisitions
- Shareholder and partner disputes
Civil Attorney in Stewart, Nevada
Last Updated on October 27, 2021