What exactly is Civil Litigation as well as an attorney at law servicing Taylorsville, California to help you out?
Civil litigation is the method wherein civil matters are fixed in a court of law. Civil matters can be described as circumstances dealing with relationships between people, for example a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, such as 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 to consult an attorney at law about potential civil litigation?
When concerned that a business dispute may ultimately lead to formal legal action, it is crucial that you discuss your choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there is certainly other less-costly options available as well. The quicker you get litigation counsel engaged, the higher the chance you will have to find an informal solution that protects your company without the time and money of litigation. While an experienced litigator will assert your company’s rights in the 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 Taylorsville has just been sued. What do I need to find out about the civil litigation process?
In case your business has just been sued, the first thing you’ll need to perform is make sure you have a clear understanding on the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, when you are going to challenge certain troubles together with the complaint, you may will need to meet a particular deadline with regard to these challenges also.
At this point, your corporation also must initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend current records-management protocols – including these that involve the deletion or overwriting of electronic files in the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also often involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation may be just about the most onerous elements on the litigation method. On the other hand, there are numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you are able to make use of the discovery method to acquire leverage in the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we’re facing a lawsuit as well as a public relations nightmare. What possibilities do we have available?
This can be a potentially difficult scenario, and one particular that requires a swift and strategic approach. While firms will need to take adequate steps to shield their proprietary information and facts, additionally they have to have to be cognizant with 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 business, these are matters that could be addressed by means of formal legal procedures. If your company’s image is getting battered within the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon several different elements, such as the scope on the deficiency as well as the potential effects around the litigation. In situations of intentional failure or gross negligence, providers can face important sanctions; including a potential “negative inference” based upon the perceived wish to maintain particular details from the other party. Instituting and internally enforcing an suitable litigation hold is usually a vital a part of the litigation procedure, and it’s some thing that all firms ought to do in good faith and using the guidance of knowledgeable litigation counsel.
Q: Is it possible to pursue federal civil litigation against a business that’s already facing a federal investigation?
Yes. In fact, it truly is typical for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your enterprise, we are able to assist you seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. Within the latter scenario, it might be of important significance to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
Another typical 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 (referred to 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 financial penalties the government collects. Qui tam actions are often filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. If your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I must contemplate taking legal action to defend my company?
As we described earlier, in case you are facing any potential company dispute with legal implications, seeking legal tips promptly could be the ideal approach to stay away from costly and contentious litigation down the line. Some examples of situations where it’ll 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
Civil Attorneys in Taylorsville, California
Last Updated on September 13, 2021