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

So what’s Civil Litigation as well as an attorney at law servicing Valley, Nevada that may help you?

Civil Litigation in Valley, NevadaCivil litigation is the procedure by which civil matters are solved in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, like a criminal matter, civil cases are any person or business filing suit against somebody else 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 for you to visit an attorney about potential civil litigation?
Any time you are concerned that a business dispute will lead to formal legal action, it is important that you talk about your options with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there may be other less-costly available choices too. The earlier you get litigation counsel involved, the higher the opportunity you will need to find an informal solution that protects your company without the time and money of litigation. While a knowledgeable litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.

Q: My business in Valley, Nevada has just been sued. What do I need to find out about the civil litigation process?
In case your business enterprise has just been sued, the very first thing you will need to do is be sure to possess a clear understanding from the deadlines that apply inside your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you’re going to challenge particular challenges together with the complaint, you could need to meet a specific deadline with regard to these challenges also.

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

Along with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation might be just about the most onerous aspects of the litigation approach. However, you will discover numerous grounds for difficult discovery requests in civil litigation, as well as your attorneys will likely be in a position to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) strategies you’ll be able to use the discovery course of action to achieve leverage inside the litigation.

Q: We took action against a previous employee who breached confidentiality, and now we’re facing a lawsuit in addition to a public relations nightmare. What selections do we have available?
This can be a potentially difficult predicament, and one that needs a swift and strategic method. Though firms have to have to take adequate actions to shield their proprietary facts, additionally they want to become cognizant with 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 business, these are matters which will be addressed via 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a range of aspects, such as the scope in the deficiency and the prospective effects on the litigation. In circumstances of intentional failure or gross negligence, organizations can face substantial sanctions; which includes a potential “negative inference” primarily based upon the perceived want to help keep specific information from the other celebration. Instituting and internally enforcing an proper litigation hold is often a vital a part of the litigation process, and it is actually anything that all providers need to do in fantastic faith and with the guidance of seasoned litigation counsel.

Q: Is it possible to pursue federal civil litigation against a enterprise that is certainly already facing a federal investigation?
Yes. In actual fact, it’s typical for organizations 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 enterprise, we are able to enable you to seek legal treatments in court. Conversely, in case 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 crucial value to have counsel who can represent you in each matters, as decisions you make inside your civil case can potentially influence your government investigation (and vice versa).

Another frequent situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive evidence. If your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to stop charges from becoming filed.

Q: When do I really need to consider taking legal action to shield my company?
As we mentioned earlier, when you are facing any possible small business dispute with legal implications, in search of legal guidance promptly can be the ideal technique to keep away from pricey and contentious litigation down the line. Some examples of conditions where it will 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 Litigation in Valley, Nevada

Last Updated on February 12, 2022