What is Civil Litigation and an attorney serving Stonehouse, Nevada to help you out?
Civil litigation is the process by which civil matters are fixed in a courtroom. Civil matters can be defined as scenarios dealing with relationships between people, perhaps a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, such as a criminal matter, civil cases are an individual 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
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to seek advice from an attorney about potential civil litigation?
When troubled that a company dispute could eventually lead to formal legal action, it is vital that you talk about the options with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there is certainly other less-costly options available as well. The quicker you get litigation counsel engaged, the greater the likelihood you will have to find an informal solution that protects your company without the time and money of litigation. While a highly skilled litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Stonehouse, Nevada has just been sued. What exactly do I need to know about the civil litigation process?
If your business enterprise has just been sued, the first thing you will need to complete is make sure you possess a clear understanding of the deadlines that apply inside your case. You may need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, for anyone who is going to challenge specific issues using the complaint, you could possibly will need to meet a specific deadline with regard to these challenges as well.
At this point, your enterprise also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may well potentially be discoverable in the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend current records-management protocols – like those that involve the deletion or overwriting of electronic files inside the ordinary course of organization.
In addition to pre-trial motions, hearings, and settlement negotiations, complex organization disputes also frequently involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation may be one of the most onerous aspects with the litigation course of action. Nevertheless, there are a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys is going to be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) strategies you’ll be able to make use of the discovery course of action to obtain leverage in the litigation.
Q: We took action against a previous employee who violated confidentiality, and now we are facing a lawsuit in addition to a public relations nightmare. What selections do we have available?
This really is a potentially challenging circumstance, and 1 that requires a swift and strategic method. Though firms need to take adequate measures to safeguard their proprietary information, in addition they need 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 organization, these are matters that will be addressed through formal legal procedures. If 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 will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon several different components, which includes the scope on the deficiency and also the possible effects on the litigation. In circumstances of intentional failure or gross negligence, companies can face substantial sanctions; which includes a possible “negative inference” primarily based upon the perceived wish to maintain particular facts from the other party. Instituting and internally enforcing an appropriate litigation hold is a essential a part of the litigation procedure, and it’s anything that all firms have to do in very good faith and with the guidance of skilled litigation counsel.
Q: Is it probable to pursue federal civil litigation against a company that’s currently facing a federal investigation?
Yes. In actual fact, it really is typical for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If yet another company’s illegal conduct has harmed your company, we are able to help you seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it might be of crucial value to possess counsel who can represent you in both matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).
Another widespread scenario exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made 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 obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are frequently filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I need to think about taking legal action to defend my company?
As we talked about earlier, when you are facing any prospective business enterprise dispute with legal implications, looking for legal guidance promptly could be the most beneficial technique to avoid pricey and contentious litigation down the line. Some examples of scenarios exactly where it is going to generally be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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
- Tortious interference
- Disputes involving mergers and acquisitions
- Shareholder and partner disputes
Litigations in Stonehouse, Nevada
Last Updated on November 15, 2021