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

What exactly is Civil Litigation and an attorney servicing Aetna Springs, California that can assist you?

 

Civil litigation is the method in which civil matters are settled in a courtroom. Civil matters can be described as cases dealing with relationships between people, such as a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, such as a criminal matter, civil cases are a person or company 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 Important questions (FAQs): Federal & State Civil Litigation

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

When troubled that a business dispute will lead to formal legal action, it is important that you talk about the options with federal litigation counsel. While a lawsuit is just one way to address a dispute, there could be other less-costly available options also. The sooner you get litigation counsel included, the greater the chance you’ll need to find an informal solution that protects your business without the time and money of litigation. While a highly skilled litigator will assert your company’s rights in court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.

Q: My business in Aetna Springs has just been sued. Things I need to know about the civil litigation process?

In case your company has just been sued, the very first thing you need to do is ensure you have a clear understanding with the deadlines that apply in your case. You will need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court guidelines (state or federal); and, when you are going to challenge certain difficulties with all the complaint, you could possibly require to meet a precise deadline with regard to these challenges too.

At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend present records-management protocols – such as these 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, complicated company disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant towards the litigation, and meeting your production obligation may be just about the most onerous aspects with the litigation method. Having said that, you’ll find several grounds for difficult discovery requests in civil litigation, and your attorneys is going to be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) methods you could make use of the discovery process to achieve leverage in the litigation.

Q: We took action against a former worker who breached privacy, and now we’re facing a lawsuit as well as a public relations nightmare. What choices do we have available?

This really is a potentially challenging situation, and a single that needs a swift and strategic approach. While firms will need to take adequate methods to protect their proprietary information, additionally they need to become cognizant in the sensible 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 which can be addressed by means of formal legal procedures. In case 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 will be the consequences if our litigation hold fails to preserve discoverable information?

The consequences of instituting a deficient litigation hold depend upon various variables, which includes the scope from the deficiency and the potential effects around the litigation. In instances of intentional failure or gross negligence, corporations can face significant sanctions; like a potential “negative inference” primarily based upon the perceived desire to maintain certain information in the other celebration. Instituting and internally enforcing an suitable litigation hold is usually a essential a part of the litigation process, and it can be one thing that all businesses need to do in very good faith and with all the guidance of experienced litigation counsel.

Q: Is it possible to pursue federal civil litigation against a enterprise that is certainly currently facing a federal investigation?

Yes. In truth, it can be typical for providers 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 business, we can make it easier to seek legal treatments in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. Within the latter scenario, it might be of vital value to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).

An additional typical situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced 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 typically filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. If 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 getting filed.

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

As we mentioned earlier, should you are facing any prospective enterprise dispute with legal implications, in search of legal tips promptly is usually the top strategy to prevent expensive and contentious litigation down the line. Some examples of scenarios exactly where it can typically 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

Litigation in Aetna Springs, 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