So what’s Civil Litigation as well as what our attorneys can do for you?
Civil litigation is the method through which civil matters are fixed in a court of law. Civil matters can be defined as cases dealing with relationships between people, such as a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, like in a criminal matter, civil cases are an individual 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak with an attorney at law about potential civil litigation?
When nervous that a business dispute might lead to formal legal action, it is important that you discuss your possible choices with federal litigation counsel. While a lawsuit is certainly one way to address a dispute, there is certainly other less-costly options available also. The quicker you get litigation counsel included, the greater the chance you will have to find an informal solution that protects your company without the time and money of litigation. While an expert litigator will assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Acampo has just been sued. What I need to know about the civil litigation process?
In case your business has just been sued, the first thing you may need to perform is ensure you possess a clear understanding in the deadlines that apply inside your case. You need to respond to the plaintiff’s complaint within the timeframe specified below the applicable court rules (state or federal); and, if you’re going to challenge specific concerns using the complaint, you could need to meet a precise deadline with regard to these challenges also.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend current records-management protocols – which includes these that involve the deletion or overwriting of electronic files inside the ordinary course of organization.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex organization disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation could be just about the most onerous elements of the litigation approach. Nevertheless, there are actually many grounds for challenging discovery requests in civil litigation, and your attorneys will likely be able to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) methods you can use the discovery procedure to get leverage inside the litigation.
Q: We took action against a previous employee who violated confidentiality, and now we’re facing a lawsuit plus a public relations nightmare. What choices do we have available?
That is a potentially challenging situation, and one particular that demands a swift and strategic method. Even though companies require to take sufficient steps to protect their proprietary information and facts, they also will need to be cognizant of your 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 company, these are matters which will be addressed by way of formal legal procedures. If your company’s image is becoming 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 will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a range of elements, like the scope with the deficiency along with the prospective effects around the litigation. In instances of intentional failure or gross negligence, organizations can face substantial sanctions; such as a possible “negative inference” based upon the perceived wish to maintain specific info in the other celebration. Instituting and internally enforcing an proper litigation hold is really a necessary part of the litigation method, and it is actually some thing that all corporations ought to do in superior faith and with the guidance of seasoned litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a corporation that is certainly currently facing a federal investigation?
Yes. In fact, it can be typical for businesses that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your business, we can make it easier to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it might be of essential importance to have 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).
A further prevalent scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and if 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 typically filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive proof. In case your organization 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 being filed.
Q: When do I need to look at taking legal action to defend my company?
As we talked about earlier, in the event you are facing any prospective enterprise dispute with legal implications, seeking legal advice promptly may be the very best strategy to avoid expensive and contentious litigation down the line. Some examples of situations exactly 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
Civil Law Attorneys in Acampo, California
Last Updated on September 13, 2021