So what’s Civil Litigation and an attorney at law serving Aberdeen, California that may help you?
Civil litigation is the procedure by which civil matters are fixed in a court of law. Civil matters can be defined as cases dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like a criminal matter, civil cases are a person or business 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 to refer to an attorney at law about potential civil litigation?
When anxious that a company dispute may ultimately lead to formal legal action, it is vital that you talk about your own possible choices with federal litigation counsel. While legal action is just one way to deal with a dispute, there is certainly other less-costly options available also. The sooner you get litigation counsel included, the better the potential 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 help you explore alternatives that do not involve setting course for trial.
Q: My business in Aberdeen has just been sued. Exactly what do I need to learn about the civil litigation process?
In case your small business has just been sued, the first thing you’ll need to accomplish is be sure you possess a clear understanding with the deadlines that apply in your case. You may need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court guidelines (state or federal); and, in case you are going to challenge specific troubles with the complaint, you may require to meet a distinct deadline with regard to these challenges as well.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it may also be essential to suspend current records-management protocols – which includes these 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 business enterprise disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant to the litigation, and meeting your production obligation may be probably the most onerous elements with the litigation course of action. However, you can find many grounds for challenging discovery requests in civil litigation, and your attorneys are going to be able to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you could make use of the discovery procedure to achieve leverage in 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 choices do we’ve got available?
This is a potentially difficult scenario, and 1 that calls for a swift and strategic method. While firms want to take sufficient measures to safeguard their proprietary information and facts, in addition they have to have to become cognizant of your 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 company, these are matters that can be addressed by means of formal legal procedures. If your company’s image is becoming battered within 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 several different variables, such as the scope on the deficiency along with the possible effects around the litigation. In cases of intentional failure or gross negligence, corporations can face considerable sanctions; which includes a potential “negative inference” based upon the perceived need to help keep particular info in the other party. Instituting and internally enforcing an proper litigation hold is really a required part of the litigation procedure, and it’s some thing that all corporations must do in good faith and with the guidance of skilled litigation counsel.
Q: Is it possible to pursue federal civil litigation against a enterprise that is definitely currently facing a federal investigation?
Yes. The truth is, it truly is typical for companies 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 company, we are able to help you seek legal remedies in court. Conversely, when 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 situation, it may be of vital value to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially effect your government investigation (and vice versa).
A different widespread situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are usually filed by disgruntled former personnel and competitors with ulterior motives, and with small (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to stop charges from becoming filed.
Q: When do I need to look at taking legal action to protect my company?
As we described earlier, when you are facing any potential business enterprise dispute with legal implications, searching for legal suggestions promptly is usually the most effective way to prevent expensive and contentious litigation down the line. Some examples of conditions where it will commonly 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