What exactly is Civil Litigation as well as an attorney at law serving Carson Valley, Nevada to help you out?
Civil litigation is the procedure where civil matters are fixed in a court of law. Civil matters can be described as cases dealing with relationships between people, for example a marriage, or a contract dispute between corporations. 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to seek advice from an attorney at law about potential civil litigation?
When anxious that a company dispute will lead to formal legal action, it is essential that you discuss your own choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there are other less-costly alternatives also. The earlier you get litigation counsel included, the higher the potential you’ll have to find an informal solution that protects your company without the time and expense of litigation. While an expert litigator will be able to assert your company’s rights in court, 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 Carson Valley, Nevada has just been sued. Things I need to know about the civil litigation process?
In case your small business has just been sued, the first thing you will need to complete is ensure you have a clear understanding in the deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, if you’re going to challenge certain problems with all the complaint, you might need to have to meet a precise deadline with regard to these challenges as well.
At this point, your organization also needs to initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant towards the litigation, and meeting your production obligation can be just about the most onerous aspects of the litigation procedure. Nonetheless, you can find different grounds for challenging discovery requests in civil litigation, and your attorneys are going to be in a position to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) approaches you may use the discovery method to obtain leverage within the litigation.
Q: We took action against a previous worker who breached confidentiality, and now we are facing a lawsuit along with a public relations nightmare. What choices do we have available?
This is a potentially difficult situation, and one that requires a swift and strategic approach. Even though firms want to take sufficient steps to defend their proprietary information and facts, in addition they want to be cognizant of the practical implications of suing a disgruntled former employee in today’s globe 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 company, these are matters that will be addressed through formal legal procedures. In case your company’s image is being battered within 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 depend upon a range of things, such as the scope with the deficiency along with the possible effects around the litigation. In situations of intentional failure or gross negligence, organizations can face considerable sanctions; including a potential “negative inference” based upon the perceived want to help keep specific info from the other party. Instituting and internally enforcing an appropriate litigation hold is usually a vital part of the litigation procedure, and it is actually anything that all providers ought to do in good faith and using the guidance of experienced litigation counsel.
Q: Is it doable to pursue federal civil litigation against a company which is already facing a federal investigation?
Yes. Actually, it’s prevalent for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your company, we can assist you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. Within the latter situation, it may be of essential significance to have 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).
Another popular scenario exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced 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 normally filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive proof. If your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from becoming filed.
Q: When do I need to take into consideration taking legal action to defend my company?
As we talked about earlier, when you are facing any prospective organization dispute with legal implications, looking for legal suggestions promptly could be the ideal strategy to prevent pricey and contentious litigation down the line. Some examples of situations where it’ll typically 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
Litigator in Carson Valley, Nevada
Last Updated on February 12, 2022