What is Civil Litigation as well as an attorney at law serving Abbott, California to assist you?
Civil litigation is the process in which civil matters are fixed in a court of law. Civil matters can be described as situations dealing with relationships between people, say for example a marriage, or a contract dispute between firms. 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
Answers to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to contact an attorney about potential civil litigation?
Any time you are anxious that a business dispute will swiftly lead to formal legal action, it is essential that you discuss your own options with federal litigation counsel. While legal action is just one way to address a dispute, there is certainly other less-costly solutions also. The sooner you get litigation counsel engaged, the better the opportunity you will need to find an informal solution that protects your business without the time and expense of litigation. While a highly skilled litigator can 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 Abbott has just been sued. Things I need to know about the civil litigation process?
If your business enterprise has just been sued, the first thing you’ll need to perform is be sure to have a clear understanding of the deadlines that apply inside your case. You need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you’re going to challenge particular problems using the complaint, you could will need to meet a distinct deadline with regard to these challenges too.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be necessary to suspend present records-management protocols – which includes these that involve the deletion or overwriting of electronic files in the ordinary course of business.
In addition to pre-trial motions, hearings, and settlement negotiations, complex 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 are relevant towards the litigation, and meeting your production obligation is usually just about the most onerous elements with the litigation method. Nonetheless, you’ll find a variety of grounds for difficult discovery requests in civil litigation, and your attorneys are going to be capable to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) techniques you could use the discovery approach to achieve leverage inside the litigation.
Q: We took action against a former member of staff who breached privacy, and now we’re facing a lawsuit along with a public relations nightmare. What possibilities do we’ve got available?
This really is a potentially challenging situation, and a single that requires a swift and strategic strategy. While firms require to take sufficient methods to guard their proprietary details, in addition they will need to be cognizant in 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 firm, these are matters that will be addressed via formal legal procedures. If your company’s image is becoming battered inside 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 various factors, including the scope in the deficiency and also the possible effects around the litigation. In situations of intentional failure or gross negligence, corporations can face important sanctions; like a potential “negative inference” primarily based upon the perceived wish to help keep certain info from the other party. Instituting and internally enforcing an suitable litigation hold is often a important a part of the litigation approach, and it can be something that all companies really need to do in fantastic faith and together with the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a company that is definitely currently facing a federal investigation?
Yes. In reality, it is popular 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, should you be facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. In the latter scenario, it might be of important importance to possess counsel who can represent you in both matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).
Yet another typical situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (known as the “relator”); and if 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 frequently filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive evidence. In case 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 getting filed.
Q: When do I have to take into consideration taking legal action to protect my company?
As we talked about earlier, in the event you are facing any potential business dispute with legal implications, looking for legal guidance promptly might be the most beneficial way to stay clear of costly and contentious litigation down the line. Some examples of conditions where it’ll generally be advisable to engage litigation counsel to conduct a case assessment include things like:
- 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