So what’s Civil Litigation as well as an attorney serving Aberdeen, California that will help?
Civil litigation is the method in which civil matters are settled in a courtroom. Civil matters can be defined as situations dealing with relationships between people, perhaps a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as with a criminal matter, civil cases are an individual 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to contact an attorney at law about potential civil litigation?
Any time you are worried that a company dispute could eventually 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 available choices as well. The quicker you get litigation counsel involved, the better the chance you’ll need to find an informal solution that protects your company without the time and money of litigation. While a seasoned litigator will assert your company’s rights in court, he or she should also be able to assist you explore alternatives that actually do not involve setting course for trial.
Q: My business in Aberdeen has just been sued. What / things I need to find out about the civil litigation process?
In case your small business has just been sued, the very first thing you may need to complete is be sure to possess a clear understanding on the deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, for anyone who is going to challenge specific issues with the complaint, you could need to have to meet a precise deadline with regard to these challenges as well.
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 should be advised accordingly, and it might also be necessary to suspend present records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
In addition to pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant for the litigation, and meeting your production obligation is often one of the most onerous elements from the litigation approach. Having said that, there are actually many grounds for difficult discovery requests in civil litigation, as well as your attorneys might be in a position to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) methods it is possible to make use of the discovery process to acquire leverage in the litigation.
Q: We took action against a former worker who violated privacy, and now we are facing a lawsuit along with a public relations nightmare. What alternatives do we’ve got available?
That is a potentially difficult circumstance, and 1 that calls for a swift and strategic strategy. While corporations need to have to take sufficient steps to safeguard their proprietary information and facts, they also require to be cognizant with 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, they are matters which will be addressed by means of 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 elements, which includes the scope in the deficiency along with the possible effects on the litigation. In circumstances of intentional failure or gross negligence, corporations can face significant sanctions; like a prospective “negative inference” based upon the perceived desire to help keep specific data in the other celebration. Instituting and internally enforcing an proper litigation hold is a needed part of the litigation procedure, and it truly is one thing that all businesses must do in fantastic faith and with all the guidance of skilled litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a enterprise that may be already facing a federal investigation?
Yes. The truth is, it’s prevalent for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your enterprise, we can enable you to seek legal remedies in court. Conversely, for anyone who is facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Within the latter situation, it might be of essential significance to have counsel who can represent you in both matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).
An additional frequent scenario exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (known 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 monetary penalties the government collects. Qui tam actions are often filed by disgruntled former workers 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 stop charges from becoming filed.
Q: When do I must take into account taking legal action to protect my company?
As we pointed out earlier, for those who are facing any potential small business dispute with legal implications, looking for legal advice promptly might be the ideal technique to prevent costly and contentious litigation down the line. Some examples of conditions where it can normally 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