So what’s Civil Litigation as well as an attorney at law servicing Blue Canyon, California that will help you?
Civil litigation is the process where civil matters are solved in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, for example a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, as with 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
Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney at law about potential civil litigation?
Any time you are nervous that a company dispute might lead to formal legal action, it is vital that you talk about the options with federal litigation counsel. While legal action is just one way to approach a dispute, there could be other less-costly available options as well. The quicker you get litigation counsel involved, the greater the possibility you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a professional 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 do not involve setting course for trial.
Q: My business in Blue Canyon has just been sued. What I need to find out about the civil litigation process?
In case your business has just been sued, the very first thing you’ll need to accomplish is make sure you possess a clear understanding of the deadlines that apply inside your case. You will need to respond towards the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, in case you are going to challenge certain troubles with all the complaint, you might need to have to meet a specific deadline with regard to these challenges at the same time.
At this point, your company also needs to initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also typically 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 is often one of the most onerous elements of your litigation method. Nevertheless, you will discover numerous grounds for challenging discovery requests in civil litigation, and your attorneys will likely be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you are able to make use of the discovery method to achieve leverage inside the litigation.
Q: We took action against a previous employee who violated confidentiality, and now we are facing a lawsuit in addition to a public relations nightmare. What alternatives do we have available?
This really is a potentially challenging situation, and 1 that needs a swift and strategic strategy. Whilst companies need to have to take adequate measures to protect their proprietary data, additionally they want to be cognizant of your sensible 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 firm, these are matters that may be addressed by way of formal legal procedures. In case your company’s image is becoming battered in the public arena, we are able to 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 rely upon many different things, like the scope of your deficiency and also the prospective effects on the litigation. In circumstances of intentional failure or gross negligence, businesses can face important sanctions; such as a prospective “negative inference” based upon the perceived need to keep certain data from the other celebration. Instituting and internally enforcing an proper litigation hold is a vital part of the litigation course of action, and it is some thing that all providers have to do in good faith and with all the guidance of seasoned litigation counsel.
Q: Is it doable to pursue federal civil litigation against a corporation that is currently facing a federal investigation?
Yes. In reality, it truly is prevalent for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If yet another company’s illegal conduct has harmed your enterprise, we can allow 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. In the latter scenario, it might be of critical value to have counsel who can represent you in both matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).
A further widespread situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to 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 monetary penalties the government collects. Qui tam actions are usually filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. If your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to stop charges from becoming filed.
Q: When do I should think about taking legal action to defend my company?
As we described earlier, in case you are facing any prospective small business dispute with legal implications, seeking legal assistance promptly could be the very best strategy to prevent costly and contentious litigation down the line. Some examples of situations exactly where it’s going to normally 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
Civil Attorney in Blue Canyon, California
Last Updated on February 12, 2022