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

Exactly what is Civil Litigation and an attorney at law serving Middle Boulder Island, Nevada to assist you?

Civil Litigation in Middle Boulder Island, NevadaCivil litigation is the process in which civil matters are fixed in a court of law. Civil matters can be described as circumstances dealing with relationships between people, for instance a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, like in 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

Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney at law about potential civil litigation?
Any time you are anxious that a company dispute could eventually lead to formal legal action, it is essential that you discuss your options with federal litigation counsel. While legal action is just one way to address a dispute, there can be other less-costly solutions too. The quicker you get litigation counsel involved, the better the likelihood you’ll have to find an informal solution that protects your business without the time and money of litigation. While a professional litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to help you explore alternatives that do not involve setting course for trial.

Q: My business in Middle Boulder Island, Nevada has just been sued. What I need to know about the civil litigation process?
In case your small business has just been sued, the first thing you’ll need to perform is ensure you possess a clear understanding from the deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, for anyone who is going to challenge certain challenges using the complaint, you might need to have to meet a precise deadline with regard to these challenges also.

At this point, your business also must initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that may perhaps potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend present records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of company.

In addition to pre-trial motions, hearings, and settlement negotiations, complex company disputes also often 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 may be probably the most onerous elements in the litigation method. On the other hand, you’ll find numerous grounds for difficult discovery requests in civil litigation, and your attorneys might be capable to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) approaches you may make use of the discovery approach to achieve leverage inside the litigation.

Q: We took action against a former employee who violated privacy, and now we are facing a lawsuit as well as a public relations nightmare. What alternatives do we’ve got available?
This can be a potentially difficult circumstance, and 1 that calls for a swift and strategic method. Whilst providers need to have to take adequate steps to defend their proprietary facts, additionally they need to have to be cognizant in the sensible 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 organization, these are matters which can be addressed by way of formal legal procedures. If your company’s image is being battered inside 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 several different elements, like the scope of the deficiency as well as the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, providers can face substantial sanctions; which includes a possible “negative inference” based upon the perceived want to help keep certain data in the other celebration. Instituting and internally enforcing an appropriate litigation hold is usually a vital a part of the litigation process, and it is one thing that all corporations should do in excellent faith and together with the guidance of seasoned litigation counsel.

Q: Is it attainable to pursue federal civil litigation against a firm which is currently facing a federal investigation?
Yes. The truth is, it can be frequent for businesses 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 enable you to seek legal remedies in court. Conversely, when you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. In the latter scenario, it might be of important importance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).

Yet another widespread situation exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (known 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 often filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your organization 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 becoming filed.

Q: When do I should take into consideration taking legal action to shield my company?
As we talked about earlier, if you are facing any possible small business dispute with legal implications, searching for legal guidance promptly can be the best method to keep away from costly and contentious litigation down the line. Some examples of scenarios exactly where it’ll 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 Litigation in Middle Boulder Island, Nevada

Last Updated on February 12, 2022