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

What’s Civil Litigation as well as an attorney servicing Gilroy, California that can assist you?

Civil Lawyer in Gilroy, CaliforniaCivil litigation is the method in which civil matters are fixed in a courtroom. Civil matters can be described as cases dealing with relationships between people, like a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, like 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 to contact an attorney at law about potential civil litigation?
When nervous that a business dispute will swiftly lead to formal legal action, it is crucial that you talk about the choices with federal litigation counsel. While a lawsuit is just one way to deal with a dispute, there might be other less-costly alternatives available too. The earlier you get litigation counsel involved, the greater the probability you’ll have to find an informal solution that protects your company without the time and money of litigation. While a skilled litigator will assert your company’s rights in court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.

Q: My business in Gilroy has just been sued. What exactly do I need to understand about the civil litigation process?
If your enterprise has just been sued, the very first thing you’ll need to complete is ensure you possess a clear understanding of the deadlines that apply in your case. You’ll need to respond towards the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you are going to challenge specific difficulties together with the complaint, you could require to meet a distinct deadline with regard to these challenges too.

At this point, your business also needs to initiate a “litigation hold.” This is a systematic course of action of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend current records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.

Together with pre-trial motions, hearings, and settlement negotiations, complex organization disputes also typically 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 just about the most onerous elements from the litigation course of action. Having said that, you will find many grounds for difficult discovery requests in civil litigation, as well as your attorneys will likely be able to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) methods you’ll be able to use the discovery method to achieve leverage inside the litigation.

Q: We took action against a previous member of staff who breached privacy, and now we are facing a lawsuit plus a public relations nightmare. What possibilities do we have available?
This really is a potentially challenging circumstance, and one that calls for a swift and strategic approach. When providers will need to take sufficient steps to safeguard their proprietary details, additionally they need to become cognizant on 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 organization, these are matters that may be addressed by means of formal legal procedures. If your company’s image is getting 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 a number of factors, like the scope with the deficiency along with the prospective effects around the litigation. In instances of intentional failure or gross negligence, corporations can face substantial sanctions; which includes a prospective “negative inference” primarily based upon the perceived desire to help keep certain facts in the other party. Instituting and internally enforcing an proper litigation hold is often a vital a part of the litigation approach, and it is a thing that all firms must do in superior faith and together with the guidance of seasoned litigation counsel.

Q: Is it possible to pursue federal civil litigation against a organization that is certainly already facing a federal investigation?
Yes. In fact, it is frequent for corporations 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 company, we can allow 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 can represent you in each proceedings. In the latter situation, it may be of critical value to have counsel who can represent you in both matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).

Another prevalent scenario where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created 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 monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive proof. If your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from getting filed.

Q: When do I need to take into consideration taking legal action to shield my company?
As we talked about earlier, in the event you are facing any possible business dispute with legal implications, looking for legal tips promptly is usually the most effective method to keep away from expensive and contentious litigation down the line. Some examples of circumstances where it will frequently be advisable to engage litigation counsel to conduct a case assessment involve:

  • 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 Lawyer in Gilroy, California

Last Updated on February 12, 2022