Oshinski & Forsberg, Ltd
Litigation Law in Alum Rock, California

Litigation Law in Alum Rock, California

What’s Civil Litigation and an attorney serving Alum Rock, California that may help you?

 

Civil litigation is the procedure by which civil matters are resolved in a courtroom. Civil matters can be defined as scenarios 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 company 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 Questions (FAQs): Federal & State Civil Litigation

Q: When is it time to seek advice from an attorney at law about potential civil litigation?

When concerned that a company dispute could eventually lead to formal legal action, it is important that you discuss the choices with federal litigation counsel. While legal action is just one way to approach a dispute, there are other less-costly options available too. The quicker you get litigation counsel included, the greater the possibility you’ll need to find an informal solution that protects your business without the time and expense 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 actually do not involve setting course for trial.

Q: My business in Alum Rock has just been sued. What / things I need to understand about the civil litigation process?

In case your small business has just been sued, the very first thing you will need to accomplish is make sure you have a clear understanding on the deadlines that apply within your case. You’ll need to respond to the plaintiff’s complaint within the timeframe specified below the applicable court guidelines (state or federal); and, if you’re going to challenge specific issues with all the complaint, you may want to meet a certain deadline with regard to these challenges also.

At this point, your business also needs to initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may well potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend present records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of small business.

In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also generally 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 is usually probably the most onerous aspects of your litigation procedure. Nevertheless, there are actually several grounds for difficult discovery requests in civil litigation, and your attorneys will probably be able to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) ways you could use the discovery method to achieve leverage within the litigation.

Q: We took action against a former employee who violated privacy, and now we are facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?

This is a potentially difficult predicament, and one particular that calls for a swift and strategic approach. Although corporations require to take adequate measures to defend their proprietary information, in addition they have to have to be cognizant with the sensible implications of suing a disgruntled former employee in today’s planet 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 firm, they are matters that will be addressed by means of formal legal procedures. If your company’s image is being battered within 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 many different things, such as the scope in the deficiency plus the possible effects around the litigation. In circumstances of intentional failure or gross negligence, providers can face substantial sanctions; including a prospective “negative inference” based upon the perceived need to help keep specific information and facts from the other celebration. Instituting and internally enforcing an acceptable litigation hold is often a necessary a part of the litigation approach, and it’s something that all firms ought to do in excellent faith and together with the guidance of knowledgeable litigation counsel.

Q: Is it possible to pursue federal civil litigation against a business that’s already facing a federal investigation?

Yes. In fact, it’s common for companies 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 business, we can make it easier to seek legal treatments 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. Inside the latter situation, it might be of essential value to have counsel who can represent you in both matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).

A further popular scenario exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are often filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive evidence. If your company 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 being filed.

Q: When do I have to think about taking legal action to safeguard my company?

As we described earlier, when you are facing any prospective business dispute with legal implications, seeking legal advice promptly might be the very best way to prevent expensive and contentious litigation down the line. Some examples of circumstances where it’ll commonly 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 Law in Alum Rock, California