Oshinski & Forsberg, Ltd
Litigators in Agua Caliente, California

Litigators in Agua Caliente, California

What’s Civil Litigation and an attorney servicing Agua Caliente, California that will help?

 

Civil litigation is the method where civil matters are settled in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, for example a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, as in 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

Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation

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

Any time you are worried that a company dispute will lead to formal legal action, it is important that you talk about your own possible choices with federal litigation counsel. While a lawsuit can be a way to address a dispute, there is certainly other less-costly alternatives available as well. 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 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 Agua Caliente has just been sued. Things I need to find out about the civil litigation process?

In case your small business has just been sued, the first thing you’ll need to do is make sure you have a clear understanding from the deadlines that apply in your case. You will need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court rules (state or federal); and, when you are going to challenge particular troubles together with the complaint, you could will need to meet a distinct deadline with regard to these challenges too.

At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it may also be necessary to suspend present records-management protocols – including these that involve the deletion or overwriting of electronic files within the ordinary course of company.

In addition to pre-trial motions, hearings, and settlement negotiations, complex organization disputes also typically 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 probably the most onerous elements in the litigation procedure. Having said that, you will discover several grounds for difficult discovery requests in civil litigation, and your attorneys will probably be capable to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) ways you are able to make use of the discovery approach to gain leverage inside the litigation.

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

This is a potentially challenging scenario, and a single that demands a swift and strategic approach. Although firms want to take adequate measures to safeguard their proprietary data, in addition they will need to be cognizant from the practical 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 business, these are matters that could be addressed by way of formal legal procedures. In case your company’s image is getting battered within 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 rely upon a number of factors, including the scope with the deficiency along with the prospective effects around the litigation. In situations of intentional failure or gross negligence, organizations can face considerable sanctions; which includes a possible “negative inference” based upon the perceived want to help keep certain details from the other celebration. Instituting and internally enforcing an suitable litigation hold is actually a vital a part of the litigation approach, and it can be some thing that all providers must do in fantastic faith and together with the guidance of experienced litigation counsel.

Q: Is it probable to pursue federal civil litigation against a corporation that may be already facing a federal investigation?

Yes. Actually, it is frequent for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your enterprise, we are able to enable you to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. Within the latter scenario, it may be of essential importance to possess counsel who can represent you in each matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).

An additional prevalent scenario where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and when 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 generally filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive proof. 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 stop charges from being filed.

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

As we mentioned earlier, when you are facing any possible business dispute with legal implications, in search of legal assistance promptly might be the top technique to prevent expensive and contentious litigation down the line. Some examples of conditions exactly where it’ll usually 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
  • Fraud
  • Tortious interference
  • Disputes involving mergers and acquisitions
  • Shareholder and partner disputes

Litigators in Agua Caliente, California