What exactly is Civil Litigation as well as an attorney servicing Acampo, California that will help?
Civil litigation is the method through which civil matters are solved in a court of law. Civil matters can be described as situations dealing with relationships between people, like a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as in a criminal matter, civil cases are any 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
Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to visit an attorney at law about potential civil litigation?
When troubled that a company dispute could eventually lead to formal legal action, it is important that you discuss the choices with federal litigation counsel. While legal action can be a way to approach a dispute, there is certainly other less-costly alternatives available too. The earlier you get litigation counsel involved, the higher the probability you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a professional litigator will be able to 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. Exactly what do I need to understand about the civil litigation process?
In case your organization has just been sued, the very first thing you will need to do is make sure you possess a clear understanding with the deadlines that apply in your case. You need to respond to the plaintiff’s complaint inside the timeframe specified under the applicable court rules (state or federal); and, should you be going to challenge particular troubles using the complaint, you might need to meet a certain deadline with regard to these challenges too.
At this point, your business also needs to initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that could potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – including these that involve the deletion or overwriting of electronic files inside the ordinary course of business enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex company disputes also frequently 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 towards the litigation, and meeting your production obligation is usually probably the most onerous elements from the litigation approach. Nonetheless, you will discover various grounds for difficult discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) strategies you’ll be able to make use of the discovery method to obtain leverage inside the litigation.
Q: We took action against a previous member of staff who breached privacy, and now we are facing a lawsuit as well as a public relations nightmare. What choices do we’ve got available?
This is a potentially difficult scenario, and one particular that demands a swift and strategic strategy. Although companies require to take adequate measures to protect their proprietary information and facts, they also want to become cognizant of the practical implications of suing a disgruntled former employee in today’s planet 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 will be addressed through formal legal procedures. If your company’s image is being battered in the public arena, we can 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 several different things, such as the scope of the deficiency and the prospective effects on the litigation. In situations of intentional failure or gross negligence, businesses can face substantial sanctions; like a possible “negative inference” based upon the perceived want to keep certain details from the other party. Instituting and internally enforcing an suitable litigation hold is a essential a part of the litigation method, and it truly is anything that all companies should do in good faith and with all the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a organization that’s already facing a federal investigation?
Yes. In actual fact, it is popular for providers 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 allow you to seek legal remedies 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 both proceedings. In the latter scenario, it may be of crucial value to have 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).
Another common scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In 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 acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are usually filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. 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 becoming filed.
Q: When do I need to take into consideration taking legal action to guard my company?
As we pointed out earlier, in the event you are facing any potential business enterprise dispute with legal implications, seeking legal tips promptly is usually the ideal way to stay clear of expensive and contentious litigation down the line. Some examples of situations exactly where it is going to generally 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