Oshinski & Forsberg, Ltd
Litigation in Aetna Springs, California

Litigation in Aetna Springs, California

Specifically what is Civil Litigation as well as an attorney serving Aetna Springs, California that will help?

 

Civil litigation is the process through which civil matters are resolved in a courtroom. Civil matters can be described 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 in a criminal matter, civil cases are an individual 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

Answers to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation

Q: When is it time to contact an attorney about potential civil litigation?

Any time you are troubled that a business dispute may ultimately lead to formal legal action, it is crucial that you talk about your possible choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there can be other less-costly options available too. The sooner you get litigation counsel involved, the greater the opportunity you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a knowledgeable litigator can assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that do not involve setting course for trial.

Q: My business in Aetna Springs has just been sued. What / things I need to find out about the civil litigation process?

If your business has just been sued, the very first thing you need to do is be sure you have a clear understanding from the deadlines that apply within your case. You’ll need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, in case you are going to challenge certain troubles with all the complaint, you might need to have to meet a precise deadline with regard to these challenges also.

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

In addition to pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also normally 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 towards the litigation, and meeting your production obligation might be just about the most onerous aspects from the litigation process. Nevertheless, you will find numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) methods you can make use of the discovery approach to acquire leverage within the litigation.

Q: We took action against a previous worker who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What selections do we’ve got available?

This is a potentially difficult predicament, and one particular that calls for a swift and strategic method. Though organizations need to take adequate measures to safeguard their proprietary information, additionally they need to become cognizant from the practical implications of suing a disgruntled former employee in today’s world 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 that will be addressed by way of formal legal procedures. If your company’s image is getting 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 would be 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, which includes the scope on the deficiency along with the possible effects on the litigation. In situations of intentional failure or gross negligence, corporations can face significant sanctions; which includes a potential “negative inference” based upon the perceived wish to keep particular information in the other celebration. Instituting and internally enforcing an acceptable litigation hold is usually a required part of the litigation procedure, and it is actually some thing that all providers need to do in superior faith and using the guidance of skilled litigation counsel.

Q: Is it feasible to pursue federal civil litigation against a company that’s currently facing a federal investigation?

Yes. The truth is, it’s prevalent for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your company, we are able to 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 are able to represent you in each proceedings. In the latter scenario, it may be of crucial significance to have counsel who can represent you in each matters, as decisions you make inside your civil case can potentially impact your government investigation (and vice versa).

One more frequent scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are generally filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive evidence. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from being filed.

Q: When do I should contemplate taking legal action to shield my company?

As we talked about earlier, in the event you are facing any prospective organization dispute with legal implications, in search of legal guidance promptly might be the most effective strategy to keep away from expensive and contentious litigation down the line. Some examples of circumstances where it’ll typically be advisable to engage litigation counsel to conduct a case assessment include things like:

  • 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

Litigation in Aetna Springs, California

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