What exactly is Civil Litigation and an attorney at law serving Perth, Nevada that can assist you?
Civil litigation is the process by which civil matters are settled in a court of law. Civil matters can be described as circumstances dealing with relationships between people, say for example a marriage, or a contract dispute between companies. 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 somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Responses to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to visit an attorney at law about potential civil litigation?
Any time you are troubled that a company dispute will lead to formal legal action, it is crucial that you discuss your own choices with federal litigation counsel. While legal action can be a way to deal with a dispute, there is certainly other less-costly alternatives as well. The sooner you get litigation counsel engaged, the higher the chance you will need to find an informal solution that protects your business without the time and money of litigation. While an expert litigator can assert your company’s rights in 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 Perth, Nevada has just been sued. Things I need to learn about the civil litigation process?
If your organization has just been sued, the very first thing you need to perform is ensure you have a clear understanding with the deadlines that apply in your case. You’ll need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, for anyone who is going to challenge certain concerns with the complaint, you may require to meet a certain deadline with regard to these challenges too.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend current records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of organization.
Along with pre-trial motions, hearings, and settlement negotiations, complex business disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation is often probably the most onerous elements in the litigation approach. On the other hand, you can find various grounds for difficult discovery requests in civil litigation, and your attorneys will be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) ways it is possible to make use of the discovery process to obtain leverage within 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 possibilities do we have available?
This really is a potentially challenging situation, and one that calls for a swift and strategic method. When companies need to have to take sufficient methods to guard their proprietary details, they also need to become cognizant with the sensible implications of suing a disgruntled former employee in today’s planet 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 business, these are matters that may be addressed through formal legal procedures. If your company’s image is becoming battered inside the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon many different things, including the scope in the deficiency plus the possible effects on the litigation. In circumstances of intentional failure or gross negligence, corporations can face significant sanctions; like a potential “negative inference” based upon the perceived need to help keep certain information and facts in the other party. Instituting and internally enforcing an appropriate litigation hold is actually a vital part of the litigation method, and it is actually something that all corporations should do in very good faith and together with the guidance of knowledgeable litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a firm that is currently facing a federal investigation?
Yes. In reality, it truly is typical for firms 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 business, we are able to allow 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 can represent you in each proceedings. Inside the latter situation, it might be of important value to have counsel who can represent you in both matters, as choices you make within your civil case can potentially effect your government investigation (and vice versa).
An additional widespread situation exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former personnel and competitors with ulterior motives, and with small (if any) substantive proof. In case your organization is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from being filed.
Q: When do I have to think about taking legal action to defend my company?
As we described earlier, in case you are facing any possible company dispute with legal implications, seeking legal assistance promptly might be the best way to stay clear of expensive and contentious litigation down the line. Some examples of situations exactly where it can normally be advisable to engage litigation counsel to conduct a case assessment include:
- 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 Attorneys in Perth, Nevada
Last Updated on February 12, 2022