What’s Civil Litigation and an attorney serving Alder Springs, California to help you?
Civil litigation is the procedure in which civil matters are resolved in a courtroom. Civil matters can be described as cases dealing with relationships between people, such as a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, like in a criminal matter, civil cases are any 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
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to talk to an attorney about potential civil litigation?
When anxious that a business dispute might lead to formal legal action, it is critical that you talk about your possible choices with federal litigation counsel. While legal action can be a way to deal with a dispute, there can be other less-costly options available also. The sooner you get litigation counsel included, the greater the likelihood you will need to find an informal solution that protects your business without the time and money of litigation. While a knowledgeable litigator will be able to assert your company’s rights in the court, he or she should also be able to help you out explore alternatives that do not involve setting course for trial.
Q: My business in Alder Springs has just been sued. What do I need to find out about the civil litigation process?
In case your business enterprise has just been sued, the very first thing you need to complete is make sure you possess a clear understanding of your deadlines that apply within your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, if you are going to challenge certain challenges with all the complaint, you could need to have to meet a specific deadline with regard to these challenges also.
At this point, your business also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend present records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of organization.
Along with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also typically 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 usually probably the most onerous elements on the litigation approach. Nonetheless, you can find numerous grounds for difficult discovery requests in civil litigation, and your attorneys will 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 use the discovery approach to gain leverage inside the litigation.
Q: We took action against a former member of staff who violated privacy, and now we are facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?
This really is a potentially difficult scenario, and one that calls for a swift and strategic strategy. Although businesses need to have to take adequate measures to shield their proprietary info, they also need 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 enterprise, they are matters that could be addressed through 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon various aspects, like the scope on the deficiency as well as the possible effects on the litigation. In circumstances of intentional failure or gross negligence, companies can face substantial sanctions; such as a possible “negative inference” based upon the perceived need to maintain specific details in the other celebration. Instituting and internally enforcing an suitable litigation hold is often a vital a part of the litigation process, and it’s something that all businesses must do in fantastic faith and using the guidance of skilled litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a enterprise that is currently facing a federal investigation?
Yes. In fact, it is actually common for businesses 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 make it easier to seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. Within the latter situation, it may be of important value to have counsel who can represent you in both matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).
A further typical situation where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within 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 acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are often filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive proof. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from being filed.
Q: When do I must consider taking legal action to guard my company?
As we talked about earlier, if you are facing any potential small business dispute with legal implications, seeking legal advice promptly might be the very best method to keep away from pricey and contentious litigation down the line. Some examples of situations where it’ll typically 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