What is Civil Litigation and an attorney servicing Ambrose, California that will help?
Civil litigation is the process wherein civil matters are solved in a court of law. Civil matters can be described as situations dealing with relationships between people, say for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like in a criminal matter, civil cases are a 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
Answers to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to refer to an attorney at law about potential civil litigation?
When nervous that a business dispute will swiftly lead to formal legal action, it is essential that you talk about your choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there can be other less-costly available choices also. The earlier you get litigation counsel involved, the higher the chance you will need to find an informal solution that protects your company without the time and money of litigation. While a knowledgeable litigator can 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 Ambrose has just been sued. Things I need to know about the civil litigation process?
If your company has just been sued, the very first thing you need to perform is ensure you have a clear understanding of the deadlines that apply in your case. You need to respond to the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you’re going to challenge particular difficulties with all the complaint, you could possibly will need to meet a precise 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 course of action of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be necessary to suspend current records-management protocols – including those that involve the deletion or overwriting of electronic files inside the ordinary course of small business.
Along with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant for the litigation, and meeting your production obligation could be just about the most onerous elements of the litigation approach. Nevertheless, you will find various grounds for difficult discovery requests in civil litigation, and your attorneys are going to be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) approaches you may make use of the discovery procedure to acquire leverage in the litigation.
Q: We took action against a previous worker who breached privacy, and now we’re facing a lawsuit along with a public relations nightmare. What options do we’ve got available?
This can be a potentially difficult scenario, and 1 that calls for a swift and strategic approach. Whilst companies need to have to take adequate actions to guard their proprietary data, in addition they need to become cognizant of the practical 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 company, they are matters which can be addressed via formal legal procedures. If your company’s image is becoming battered inside 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 many different components, which includes the scope from the deficiency as well as the prospective effects around the litigation. In cases of intentional failure or gross negligence, businesses can face important sanctions; such as a prospective “negative inference” primarily based upon the perceived need to help keep specific details from the other celebration. Instituting and internally enforcing an appropriate litigation hold is a essential part of the litigation process, and it can be something that all businesses have to do in great faith and with the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a business which is currently facing a federal investigation?
Yes. The truth is, it really is common for firms 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 business, we can make it easier to seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. Within the latter situation, it might be of essential importance to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially effect your government investigation (and vice versa).
Yet another widespread scenario 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 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 monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. In case your company is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from getting filed.
Q: When do I ought to take into consideration taking legal action to protect my company?
As we pointed out earlier, if you are facing any potential small business dispute with legal implications, looking for legal guidance promptly can be the very best method to avoid expensive and contentious litigation down the line. Some examples of situations exactly where it will typically be advisable to engage litigation counsel to conduct a case assessment involve:
- 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