Exactly what is Civil Litigation and an attorney servicing Akers, California that will help?
Civil litigation is the process wherein civil matters are settled in a court of law. Civil matters can be defined as circumstances dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. Rather than 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 Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to visit an attorney at law about potential civil litigation?
Any time you are nervous that a company dispute will swiftly lead to formal legal action, it is crucial that you talk about the possible choices with federal litigation counsel. While a lawsuit is just one way to address a dispute, there may be other less-costly alternatives available as well. The quicker you get litigation counsel included, the better the opportunity you will have to find an informal solution that protects your business without the time and money of litigation. While a professional litigator will be able to assert your company’s rights in the courtroom, 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 Akers has just been sued. Just what do I need to find out about the civil litigation process?
If your small business has just been sued, the very first thing you’ll need to do is ensure you have a clear understanding of your deadlines that apply in your case. You need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge specific challenges together with the complaint, you could possibly need to have to meet a precise deadline with regard to these challenges as well.
At this point, your company also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend current records-management protocols – which includes these that involve the deletion or overwriting of electronic files in the ordinary course of business.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation might be just about the most onerous aspects on the litigation procedure. Even so, you will discover several grounds for challenging discovery requests in civil litigation, as well as your attorneys will likely be able to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) techniques it is possible to make use of the discovery method to achieve leverage inside the litigation.
Q: We took action against a former employee who violated privacy, and now we are facing a lawsuit plus a public relations nightmare. What options do we have available?
This really is a potentially difficult situation, and a single that demands a swift and strategic strategy. While organizations require to take adequate methods to defend their proprietary details, they also have to have to become cognizant in 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 organization, these are matters which will be addressed through formal legal procedures. If your company’s image is becoming 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 many different elements, like the scope in the deficiency along with the possible effects around the litigation. In cases of intentional failure or gross negligence, corporations can face significant sanctions; which includes a possible “negative inference” based upon the perceived want to help keep specific facts from the other party. Instituting and internally enforcing an appropriate litigation hold is really a essential a part of the litigation course of action, and it’s a thing that all providers ought to do in fantastic faith and with the guidance of knowledgeable litigation counsel.
Q: Is it possible to pursue federal civil litigation against a business that is currently facing a federal investigation?
Yes. In fact, it is typical for organizations 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 help you seek legal treatments in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. Within the latter scenario, 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 impact your government investigation (and vice versa).
One more widespread scenario exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and when 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 generally filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive proof. In case your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from being filed.
Q: When do I should take into consideration taking legal action to guard my company?
As we mentioned earlier, should you are facing any potential business enterprise dispute with legal implications, in search of legal suggestions promptly could be the most beneficial solution to keep away from pricey and contentious litigation down the line. Some examples of conditions where it can commonly 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