Oshinski & Forsberg, Ltd
Litigation in Albany, California

Litigation in Albany, California

What’s Civil Litigation and an attorney servicing Albany, California to assist you?

 

Civil litigation is the process by which civil matters are settled in a courtroom. Civil matters can be defined as circumstances dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, like in 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 Inquiries (FAQs): Federal & State Civil Litigation

Q: When is it time for you to discuss with an attorney at law about potential civil litigation?

Any time you are nervous that a business dispute may ultimately lead to formal legal action, it is essential that you discuss your possible choices with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there might be other less-costly solutions as well. The earlier you get litigation counsel engaged, the higher the probability you will have to find an informal solution that protects your business without the time and expense of litigation. While a seasoned litigator will assert your company’s rights in the 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 Albany has just been sued. Just what do I need to understand about the civil litigation process?

In case your organization has just been sued, the very first thing you will need to do is ensure you possess a clear understanding of the deadlines that apply in your case. You need to respond to the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, in case you are going to challenge particular troubles with the complaint, you could possibly need to have to meet a distinct deadline with regard to these challenges too.

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

Together with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant towards the litigation, and meeting your production obligation might be just about the most onerous aspects with the litigation procedure. Nonetheless, you can find a variety of grounds for difficult discovery requests in civil litigation, as well as your attorneys will be able to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) strategies you may use the discovery course of action to gain leverage within the litigation.

Q: We took action against a previous worker who violated privacy, and now we are facing a lawsuit and also a public relations nightmare. What selections do we have available?

That is a potentially difficult situation, and a single that requires a swift and strategic strategy. Although corporations have to have to take adequate actions to defend their proprietary info, in addition they will need to be 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 organization, they are matters that can be addressed by way of formal legal procedures. If your company’s image is becoming battered inside the public arena, we can 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 rely upon a range of elements, like the scope of the deficiency as well as the possible effects on the litigation. In instances of intentional failure or gross negligence, firms can face considerable sanctions; which includes a possible “negative inference” based upon the perceived want to maintain certain data in the other celebration. Instituting and internally enforcing an appropriate litigation hold is often a essential a part of the litigation procedure, and it really is some thing that all corporations must do in great faith and with the guidance of experienced litigation counsel.

Q: Is it doable to pursue federal civil litigation against a business which is already 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 a different company’s illegal conduct has harmed your enterprise, we are able to assist you seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. In the latter scenario, it may be of crucial importance to possess counsel who can represent you in both matters, as decisions you make inside your civil case can potentially influence your government investigation (and vice versa).

A further typical scenario where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and in the event 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 normally filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to prevent charges from getting filed.

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

As we pointed out earlier, for those who are facing any possible organization dispute with legal implications, looking for legal advice promptly is usually the very best strategy to prevent costly and contentious litigation down the line. Some examples of circumstances where it can frequently 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 Albany, California

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