So what’s Civil Litigation as well as an attorney at law servicing Ambler Park, California that can assist you?
Civil litigation is the procedure by which civil matters are resolved in a court of law. Civil matters can be described as cases dealing with relationships between people, like a marriage, or a contract dispute between companies. 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 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 to consult an attorney about potential civil litigation?
Any time you are troubled that a business dispute could eventually lead to formal legal action, it is crucial that you talk about the options with federal litigation counsel. While legal action is just one way to address a dispute, there are other less-costly available choices also. The earlier you get litigation counsel involved, the higher the opportunity you will have to find an informal solution that protects your business without the time and money of litigation. While a professional litigator will assert your company’s rights in the court, he or she should also be able to help you out explore alternatives that actually do not involve setting course for trial.
Q: My business in Ambler Park has just been sued. What I need to understand about the civil litigation process?
In case your enterprise has just been sued, the very first thing you need to perform is ensure you possess a clear understanding from the deadlines that apply inside your case. You need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge certain challenges with all the complaint, you may will need to meet a distinct deadline with regard to these challenges at the same time.
At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that might potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend existing records-management protocols – including these that involve the deletion or overwriting of electronic files in the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complex company disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation might be just about the most onerous aspects with the litigation method. However, you can find several grounds for difficult discovery requests in civil litigation, and your attorneys will probably be in a position to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) techniques it is possible to make use of the discovery process to acquire leverage in the litigation.
Q: We took action against a former employee who breached confidentiality, and now we’re facing a lawsuit along with a public relations nightmare. What options do we’ve got available?
This is a potentially difficult situation, and one that demands a swift and strategic approach. Although businesses need to take sufficient measures to protect their proprietary data, in addition they need to have to become cognizant of your practical 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 business, they are matters that may be addressed by means of formal legal procedures. If your company’s image is becoming 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 various aspects, such as the scope of your deficiency and also the potential effects around the litigation. In cases of intentional failure or gross negligence, businesses can face significant sanctions; like a prospective “negative inference” primarily based upon the perceived desire to keep particular data from the other celebration. Instituting and internally enforcing an suitable litigation hold is actually a required part of the litigation method, and it is actually one thing that all firms must do in superior faith and using the guidance of knowledgeable litigation counsel.
Q: Is it probable to pursue federal civil litigation against a corporation that is definitely currently facing a federal investigation?
Yes. In fact, it’s common for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your company, we are able to make it easier to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. In the latter situation, it might be of critical significance 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).
One more typical situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are frequently filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. If your company 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 getting filed.
Q: When do I ought to take into consideration taking legal action to safeguard my company?
As we mentioned earlier, in case you are facing any possible small business dispute with legal implications, seeking legal assistance promptly may be the ideal solution to stay clear of pricey and contentious litigation down the line. Some examples of situations where it is going to frequently be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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