What is Civil Litigation and an attorney at law serving Abbott, California to assist you?
Civil litigation is the procedure in which civil matters are solved in a courtroom. Civil matters can be defined as scenarios dealing with relationships between people, like a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, such as 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 for you to talk to an attorney about potential civil litigation?
Any time you are concerned that a company dispute will swiftly lead to formal legal action, it is crucial that you discuss your own options with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there could be other less-costly solutions also. The quicker you get litigation counsel included, the higher the opportunity you’ll need to find an informal solution that protects your company 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 do not involve setting course for trial.
Q: My business in Abbott has just been sued. What / things I need to learn about the civil litigation process?
In case your business has just been sued, the first thing you need to do is make sure you have a clear understanding on the deadlines that apply in your case. You need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, if you’re going to challenge particular concerns together with the complaint, you could possibly need to have to meet a certain deadline with regard to these challenges also.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic course of action of preserving hardcopy and electronic records that may well potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it may also be essential to suspend present records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also frequently involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation might be just about the most onerous aspects with the litigation process. On the other hand, you will discover several grounds for challenging discovery requests in civil litigation, and your attorneys might be capable to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) approaches you are able to make use of the discovery method to get leverage inside the litigation.
Q: We took action against a former worker who breached privacy, and now we are facing a lawsuit in addition to a public relations nightmare. What solutions do we have available?
This really is a potentially difficult situation, and a single that demands a swift and strategic strategy. Though companies have to have to take adequate methods to safeguard their proprietary facts, in addition they have to have to become cognizant in the sensible 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 firm, these are matters that can 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a range of aspects, like the scope in the deficiency and also the possible effects on the litigation. In instances of intentional failure or gross negligence, companies can face important sanctions; which includes a potential “negative inference” based upon the perceived need to keep specific info in the other celebration. Instituting and internally enforcing an acceptable litigation hold is really a vital part of the litigation procedure, and it really is anything that all firms must do in excellent faith and with the guidance of seasoned litigation counsel.
Q: Is it possible to pursue federal civil litigation against a organization that may be currently facing a federal investigation?
Yes. Actually, it can be frequent for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your enterprise, we are able to assist you seek legal remedies in court. Conversely, for anyone who is facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Within the latter situation, it might be of essential significance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).
A different popular scenario where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created 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 economic penalties the government collects. Qui tam actions are normally filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your business is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from being filed.
Q: When do I have to take into consideration taking legal action to guard my company?
As we talked about earlier, if you are facing any possible small business dispute with legal implications, in search of legal suggestions promptly is usually the very best strategy to keep away from costly and contentious litigation down the line. Some examples of conditions exactly where it can usually be advisable to engage litigation counsel to conduct a case assessment contain:
- 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