Exactly what is Civil Litigation and an attorney serving Ainsworth Corner, California to assist you?
Civil litigation is the process through which civil matters are resolved 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 corporations. Instead of a case being a person versus the government, as with a criminal matter, civil cases are any person or business 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney about potential civil litigation?
When worried that a company dispute could eventually lead to formal legal action, it is vital that you talk about your options with federal litigation counsel. While a lawsuit can be a way to deal with a dispute, there could be other less-costly options available as well. The sooner you get litigation counsel engaged, the higher the probability you will need to find an informal solution that protects your company without the time and expense of litigation. While a knowledgeable litigator will be able to assert your company’s rights in the courtroom, 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 Ainsworth Corner has just been sued. What exactly do I need to know about the civil litigation process?
If your business has just been sued, the first thing you’ll need to complete is make sure you possess a clear understanding with the deadlines that apply within your case. You need to respond towards 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 with the complaint, you may need to meet a specific deadline with regard to these challenges too.
At this point, your corporation also needs to initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that could potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be necessary to suspend present records-management protocols – including those that involve the deletion or overwriting of electronic files within the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation is often probably the most onerous aspects from the litigation process. Nonetheless, there are several grounds for difficult discovery requests in civil litigation, and your attorneys will likely be able to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) ways you can make use of the discovery process to obtain leverage in the litigation.
Q: We took action against a previous worker who violated confidentiality, and now we are facing a lawsuit as well as a public relations nightmare. What alternatives do we’ve got available?
This is a potentially challenging situation, and one that calls for a swift and strategic method. When firms need to have to take adequate measures to protect their proprietary information and facts, additionally they require to become cognizant with the 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 organization, these are matters which will be addressed through formal legal procedures. If your company’s image is being battered in the public arena, we are able to 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 depend upon various variables, which includes the scope in the deficiency and the possible effects on the litigation. In circumstances of intentional failure or gross negligence, companies can face significant sanctions; which includes a potential “negative inference” based upon the perceived desire to keep certain data in the other party. Instituting and internally enforcing an appropriate litigation hold is actually a important a part of the litigation process, and it can be some thing that all businesses have to do in superior faith and with the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a company that’s already facing a federal investigation?
Yes. In fact, it is actually popular for firms 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 company, we can assist you seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. Inside the latter situation, it may be of critical significance to have counsel who can represent you in each matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).
A further typical 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 made by a private citizen (known as the “relator”); and when 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 frequently filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. If your organization is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from getting filed.
Q: When do I ought to take into account taking legal action to shield my company?
As we talked about earlier, in the event you are facing any prospective business enterprise dispute with legal implications, looking for legal assistance promptly could be the top technique to stay clear of pricey and contentious litigation down the line. Some examples of conditions exactly where it’s going to typically be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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