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

What exactly is Civil Litigation and an attorney at law servicing Abilene, California that may help you?

 

Civil litigation is the process where civil matters are settled in a court of law. Civil matters can be described as cases 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 a 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 Questions (FAQs): Federal & State Civil Litigation

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

Any time you are anxious that a business dispute may ultimately lead to formal legal action, it is important that you discuss the choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there might be other less-costly options available too. The earlier you get litigation counsel included, the higher the potential you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a highly skilled litigator will be able to assert your company’s rights in the courtroom, 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 Abilene has just been sued. What I need to know about the civil litigation process?

If your small business has just been sued, the very first thing you may need to accomplish is be sure you possess a clear understanding in the deadlines that apply in your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you are going to challenge specific issues with all the complaint, you may need to have to meet a precise deadline with regard to these challenges at the same time.

At this point, your business also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that could potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be necessary to suspend current records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of company.

In conjunction with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant to the litigation, and meeting your production obligation might be just about the most onerous elements from the litigation procedure. On the other hand, there are actually numerous grounds for difficult discovery requests in civil litigation, and your attorneys is going to be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) methods you can make use of the discovery method to obtain leverage inside the litigation.

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

This really is a potentially difficult circumstance, and 1 that demands a swift and strategic strategy. Although firms want to take sufficient steps to guard their proprietary info, in addition they will need to become cognizant in the practical implications of suing a disgruntled former employee in today’s globe 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 which will be addressed via formal legal procedures. In case your company’s image is becoming battered within 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 depend upon many different variables, which includes the scope in the deficiency plus the potential effects on the litigation. In cases of intentional failure or gross negligence, firms can face significant sanctions; such as a potential “negative inference” primarily based upon the perceived desire to maintain particular data from the other celebration. Instituting and internally enforcing an acceptable litigation hold is a vital a part of the litigation method, and it’s one thing that all organizations must do in very good faith and with all the guidance of seasoned litigation counsel.

Q: Is it feasible to pursue federal civil litigation against a enterprise that may be already facing a federal investigation?

Yes. In actual fact, it is actually common for businesses 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 can assist you to seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it may be of important importance to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).

A further frequent situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced 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 obtain a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive evidence. If your company is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from getting filed.

Q: When do I must look at taking legal action to safeguard my company?

As we described earlier, for those who are facing any possible business dispute with legal implications, looking for legal suggestions promptly can be the ideal method to keep away from expensive and contentious litigation down the line. Some examples of circumstances exactly where it is going to normally be advisable to engage litigation counsel to conduct a case assessment incorporate:

  • 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 Help in Abilene, California

Last Updated on September 13, 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