Oshinski & Forsberg, Ltd
Litigator in Amador City, California

Litigator in Amador City, California

What exactly is Civil Litigation as well as an attorney at law serving Amador City, California to help you?

 

Civil litigation is the method where civil matters are fixed in a court of law. Civil matters can be defined as cases dealing with relationships between people, perhaps a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, like a criminal matter, civil cases are a 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 Basic Questions (FAQs): Federal & State Civil Litigation

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

Any time you are worried that a business dispute could eventually lead to formal legal action, it is vital that you discuss the options with federal litigation counsel. While a lawsuit is certainly one way to address a dispute, there may be other less-costly available choices also. The sooner you get litigation counsel involved, the higher the probability you’ll need to find an informal solution that protects your company without the time and money of litigation. While a seasoned litigator will assert your company’s rights in the courtroom, 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 Amador City has just been sued. What I need to find out about the civil litigation process?

If your company has just been sued, the very first thing you will need to perform is be sure to possess a clear understanding with the deadlines that apply inside your case. You’ll need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, when you are going to challenge specific challenges using the complaint, you could possibly need to have to meet a precise deadline with regard to these challenges too.

At this point, your organization also needs to initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it might also be essential to suspend existing records-management protocols – which includes those that involve the deletion or overwriting of electronic files inside the ordinary course of business.

As well as pre-trial motions, hearings, and settlement negotiations, complicated company disputes also normally 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 is often one of the most onerous aspects with the litigation course of action. On the other hand, there are actually different grounds for difficult discovery requests in civil litigation, and your attorneys might be able to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) approaches you’ll be able to make use of the discovery procedure to achieve leverage in the litigation.

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

This really is a potentially challenging situation, and one that needs a swift and strategic strategy. Whilst companies have to have to take sufficient actions to protect their proprietary details, they also need to have to be cognizant of 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 organization, these are matters that could be addressed by way of formal legal procedures. If your company’s image is becoming battered in the public arena, we can 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 depend upon many different components, such as the scope in the deficiency along with the potential effects around the litigation. In situations of intentional failure or gross negligence, businesses can face important sanctions; like a potential “negative inference” primarily based upon the perceived need to maintain particular details from the other party. Instituting and internally enforcing an suitable litigation hold is really a required part of the litigation course of action, and it’s a thing that all corporations ought to do in excellent faith and with the guidance of knowledgeable litigation counsel.

Q: Is it probable to pursue federal civil litigation against a organization which is currently facing a federal investigation?

Yes. In actual fact, it is popular for organizations 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 company, we are able to enable you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. Within the latter situation, it may be of critical significance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially effect your government investigation (and vice versa).

A further typical scenario where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are frequently filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive proof. If your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.

Q: When do I should consider taking legal action to protect my company?

As we described earlier, if you are facing any possible organization dispute with legal implications, looking for legal assistance promptly is usually the most beneficial strategy to keep away from expensive and contentious litigation down the line. Some examples of conditions exactly where it’ll frequently be advisable to engage litigation counsel to conduct a case assessment include:

  • 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

Litigator in Amador City, California

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