Oshinski & Forsberg, Ltd
Civil Law Attorneys in Alta Hill, California

Civil Law Attorneys in Alta Hill, California

Exactly what is Civil Litigation and an attorney at law servicing Alta Hill, California that will help?

 

Civil litigation is the procedure in which civil matters are settled in a court of law. Civil matters can be defined as situations dealing with relationships between people, for instance a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, such as a criminal matter, civil cases are any person 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

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

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

Any time you are troubled that a business dispute may ultimately lead to formal legal action, it is vital that you discuss your possible choices with federal litigation counsel. While a lawsuit can be a way to address a dispute, there is certainly other less-costly available options too. The quicker you get litigation counsel involved, the greater the possibility you will have to find an informal solution that protects your business without the time and money of litigation. While an experienced litigator can assert your company’s rights in court, he or she should also be able to help you out explore alternatives that do not involve setting course for trial.

Q: My business in Alta Hill has just been sued. Just what do I need to know about the civil litigation process?

In case your organization has just been sued, the very first thing you’ll need to do is be sure you possess a clear understanding of the deadlines that apply inside your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified under the applicable court guidelines (state or federal); and, should you be going to challenge certain difficulties together with the complaint, you could possibly have to have to meet a precise deadline with regard to these challenges too.

At this point, your corporation also must initiate a “litigation hold.” This can be a systematic approach 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 – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of company.

In conjunction with pre-trial motions, hearings, and settlement negotiations, complex business disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation is often probably the most onerous elements of the litigation method. Having said that, there are several grounds for difficult 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 it is possible to make use of the discovery course of action to get leverage in the litigation.

Q: We took action against a former member of staff who breached privacy, and now we are facing a lawsuit in addition to a public relations nightmare. What choices do we’ve got available?

That is a potentially difficult scenario, and 1 that needs a swift and strategic method. Although providers will need to take adequate methods to safeguard their proprietary information and facts, they also require to be 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 firm, these are matters that may be addressed by means of formal legal procedures. In case your company’s image is being battered in 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 variables, such as the scope on the deficiency along with the possible effects around the litigation. In circumstances of intentional failure or gross negligence, businesses can face significant sanctions; which includes a potential “negative inference” primarily based upon the perceived want to help keep particular data from the other party. Instituting and internally enforcing an proper litigation hold is usually a important a part of the litigation process, and it is actually a thing that all companies need to do in superior faith and with the guidance of seasoned litigation counsel.

Q: Is it possible to pursue federal civil litigation against a organization that is currently facing a federal investigation?

Yes. In reality, it really is typical for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your business, we are able to make it easier to 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 both proceedings. In the latter situation, it may be of critical importance to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).

An additional typical situation exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are frequently filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from becoming filed.

Q: When do I really need to take into consideration taking legal action to defend my company?

As we described earlier, for those who are facing any possible enterprise dispute with legal implications, seeking legal assistance promptly is often the ideal solution to avoid pricey and contentious litigation down the line. Some examples of situations where it can commonly 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
  • Fraud
  • Tortious interference
  • Disputes involving mergers and acquisitions
  • Shareholder and partner disputes

Civil Law Attorneys in Alta Hill, California