So what’s Civil Litigation and an attorney servicing Ahwahnee, California that can assist you?
Civil litigation is the process wherein civil matters are settled in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, for example a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as in a criminal matter, civil cases are a person or company filing suit against somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to contact an attorney at law about potential civil litigation?
When anxious that a company dispute could eventually lead to formal legal action, it is important that you discuss your own options with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there is certainly other less-costly alternatives available too. The quicker you get litigation counsel involved, the greater the possibility you’ll have to find an informal solution that protects your business without the time and money of litigation. While a professional litigator will be able to assert your company’s rights in the 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 Ahwahnee has just been sued. What / things I need to find out about the civil litigation process?
In case your organization has just been sued, the very first thing you will need to accomplish is be sure you possess a clear understanding of the deadlines that apply inside your case. You’ll need to respond to the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, when you are going to challenge particular challenges together with the complaint, you could possibly want to meet a distinct deadline with regard to these challenges too.
At this point, your business also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may perhaps potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it may also be essential to suspend existing records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of small business.
As well as pre-trial motions, hearings, and settlement negotiations, complicated 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 are relevant towards the litigation, and meeting your production obligation is usually just about the most onerous aspects on the litigation procedure. Having said that, you will find various grounds for difficult discovery requests in civil litigation, and your attorneys will be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) ways you can make use of the discovery approach to gain leverage in the litigation.
Q: We took action against a previous employee who breached privacy, and now we are facing a lawsuit plus a public relations nightmare. What selections do we’ve got available?
This is a potentially challenging situation, and a single that demands a swift and strategic approach. Whilst organizations want to take sufficient measures to protect their proprietary details, additionally they need to become cognizant from the practical 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 firm, these are matters that will be addressed by way of formal legal procedures. In case your company’s image is being 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon several different things, including the scope of your deficiency along with the potential effects around the litigation. In instances of intentional failure or gross negligence, firms can face significant sanctions; including a prospective “negative inference” primarily based upon the perceived need to maintain specific details from the other celebration. Instituting and internally enforcing an proper litigation hold is a vital a part of the litigation method, and it is actually something that all firms must do in superior faith and together with the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a business that may be currently facing a federal investigation?
Yes. In fact, it can be frequent for corporations 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 business, we are able to help you seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it may be of crucial significance to have counsel who can represent you in both matters, as decisions you make inside your civil case can potentially effect your government investigation (and vice versa).
Yet another popular situation exactly 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 if 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 typically filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your company is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from getting filed.
Q: When do I have to take into account taking legal action to protect my company?
As we talked about earlier, for those who are facing any possible enterprise dispute with legal implications, looking for legal guidance promptly could be the most effective technique to stay clear of costly and contentious litigation down the line. Some examples of situations where it’s going to commonly 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