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

So what’s Civil Litigation and an attorney serving Kilowatt, California that may help you?

Civil Lawyers in Kilowatt, CaliforniaCivil litigation is the procedure wherein civil matters are resolved in a courtroom. Civil matters can be defined as cases dealing with relationships between people, for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like 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 Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney about potential civil litigation?
Any time you are anxious that a business dispute may ultimately lead to formal legal action, it is crucial that you talk about your options with federal litigation counsel. While legal action is certainly one way to approach a dispute, there can be other less-costly available options too. The earlier you get litigation counsel engaged, the greater the chance you will have to find an informal solution that protects your business without the time and expense of litigation. While an experienced litigator will be able to assert your company’s rights in court, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.

Q: My business in Kilowatt has just been sued. What do I need to learn about the civil litigation process?
In case your business has just been sued, the first thing you may need to do is make sure you possess a clear understanding in the deadlines that apply within your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified under the applicable court rules (state or federal); and, for anyone who is going to challenge specific problems with the complaint, you could will need to meet a precise deadline with regard to these challenges too.

At this point, your firm also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may well potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it might also be necessary to suspend present records-management protocols – including those that involve the deletion or overwriting of electronic files within the ordinary course of company.

Along with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation might be probably the most onerous aspects of the litigation method. Nonetheless, you’ll find numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) strategies you can use the discovery course of action to acquire leverage inside the litigation.

Q: We took action against a former worker who violated confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What choices do we have available?
This really is a potentially difficult predicament, and a single that needs a swift and strategic approach. Even though corporations need to take sufficient measures to guard their proprietary data, in addition they want to be 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 company, these are matters which can be addressed by way of 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 depend upon several different factors, which includes the scope on the deficiency and also the potential effects on the litigation. In situations of intentional failure or gross negligence, providers can face important sanctions; including a prospective “negative inference” primarily based upon the perceived want to maintain particular details in the other celebration. Instituting and internally enforcing an appropriate litigation hold is a vital part of the litigation process, and it truly is anything that all firms have to do in fantastic faith and with all the guidance of seasoned litigation counsel.

Q: Is it achievable to pursue federal civil litigation against a corporation that is definitely already facing a federal investigation?
Yes. In actual fact, it is widespread 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 company, we can allow you to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Within the latter situation, it might be of essential importance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).

An additional common scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are frequently filed by disgruntled former personnel and competitors with ulterior motives, and with small (if any) substantive evidence. In case your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to stop charges from getting filed.

Q: When do I have to take into consideration taking legal action to protect my company?
As we talked about earlier, should you are facing any prospective business dispute with legal implications, searching for legal advice promptly could be the ideal way to keep away from expensive and contentious litigation down the line. Some examples of conditions exactly where it’ll frequently 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 Lawyers in Kilowatt, 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