(775) 301-4250 | (775) 301-4251 (Fax)
Oshinski & Forsberg, Ltd

So what’s Civil Litigation and an attorney at law serving Sparks, Nevada to help you out?

Civil Attorneys in Sparks, NevadaCivil litigation is the procedure where civil matters are fixed in a court of law. Civil matters can be described as situations dealing with relationships between people, such as a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, as with a criminal matter, civil cases are any 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

Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to seek advice from an attorney at law about potential civil litigation?
Any time you are worried that a business dispute could eventually lead to formal legal action, it is critical that you talk about your own possible choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there might be other less-costly alternatives also. The sooner you get litigation counsel engaged, the higher the possibility you will need to find an informal solution that protects your company without the time and money of litigation. While a seasoned litigator can assert your company’s rights in the court, 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 Sparks, Nevada has just been sued. Exactly what do I need to understand about the civil litigation process?
In case your enterprise has just been sued, the very first thing you need to do is ensure you possess a clear understanding on the deadlines that apply inside your case. You will need to respond for the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, when you are going to challenge specific difficulties with all the complaint, you may will need to meet a specific deadline with regard to these challenges as well.

At this point, your enterprise also needs to initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may possibly potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend existing records-management protocols – such as these that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.

In addition to pre-trial motions, hearings, and settlement negotiations, complicated company disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant for the litigation, and meeting your production obligation could be probably the most onerous elements from the litigation course of action. On the other hand, you will discover various grounds for challenging discovery requests in civil litigation, as well as your attorneys will be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) strategies you’ll be able to use the discovery procedure to achieve leverage in the litigation.

Q: We took action against a former member of staff who breached privacy, and now we are facing a lawsuit along with a public relations nightmare. What possibilities do we’ve got available?
This really is a potentially challenging circumstance, and a single that needs a swift and strategic approach. Though providers have to have to take sufficient methods to safeguard their proprietary facts, they also want to be cognizant in 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 company, these are matters that may be addressed through formal legal procedures. If your company’s image is becoming battered within 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 rely upon a range of factors, like the scope of the deficiency plus the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, businesses can face significant sanctions; such as a possible “negative inference” primarily based upon the perceived wish to maintain specific data in the other party. Instituting and internally enforcing an proper litigation hold is actually a necessary a part of the litigation method, and it really is one thing that all companies ought to do in very good faith and with the guidance of experienced litigation counsel.

Q: Is it feasible to pursue federal civil litigation against a organization that may be already facing a federal investigation?
Yes. In truth, it really is widespread for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your business, we are able to assist you seek legal treatments in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. Within the latter situation, it may be of vital significance to have counsel who can represent you in both matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).

Another frequent scenario exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created 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 typically filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from getting filed.

Q: When do I should consider taking legal action to protect my company?
As we mentioned earlier, in the event you are facing any prospective business dispute with legal implications, in search of legal guidance promptly is often the best approach to prevent costly and contentious litigation down the line. Some examples of scenarios 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 Attorneys in Sparks, Nevada

Last Updated on November 9, 2021

Stay Safe
 
Stay Open
 
Oshinski & Forsberg encourages all businesses to observe
the guidelines of our local health and government officials
so that we can all stay safe and stay open.
 
close-image