What’s Civil Litigation and an attorney servicing Ampere, California that will help?
Civil litigation is the method through which civil matters are resolved in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, perhaps a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, such as 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
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to discuss with an attorney about potential civil litigation?
When anxious that a business dispute might lead to formal legal action, it is crucial that you talk about your options with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there could be other less-costly solutions also. The earlier you get litigation counsel included, the higher the chance you’ll have to find an informal solution that protects your company without the time and expense of litigation. While a highly trained litigator can assert your company’s rights in the court, 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 Ampere has just been sued. Things I need to learn about the civil litigation process?
In case your business enterprise has just been sued, the first thing you will need to perform is ensure you have a clear understanding of the deadlines that apply in your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you’re going to challenge particular issues with the complaint, you could have to have to meet a distinct deadline with regard to these challenges also.
At this point, your business also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might 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 enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant for the litigation, and meeting your production obligation can be probably the most onerous aspects on the litigation approach. However, you will discover various grounds for difficult discovery requests in civil litigation, as well as your attorneys will be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) methods you may use the discovery method to achieve leverage within the litigation.
Q: We took action against a former employee who breached privacy, and now we are facing a lawsuit plus a public relations nightmare. What selections do we have available?
This is a potentially challenging scenario, and one that demands a swift and strategic strategy. When firms require to take sufficient steps to safeguard their proprietary facts, additionally they want to be cognizant of 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 business, they are matters which will be addressed via formal legal procedures. If your company’s image is being battered inside 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 a number of variables, such as the scope with the deficiency as well as the possible effects on the litigation. In cases of intentional failure or gross negligence, businesses can face substantial sanctions; such as a potential “negative inference” primarily based upon the perceived want to maintain specific information from the other party. Instituting and internally enforcing an proper litigation hold is actually a required part of the litigation process, and it truly is one thing that all providers ought to do in good faith and with the guidance of skilled litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a company that’s currently facing a federal investigation?
Yes. In actual fact, it’s prevalent for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If yet another company’s illegal conduct has harmed your business, we can help you seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Within the latter scenario, it might be of vital value to possess counsel who can represent you in both matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
A different widespread 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 created by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. In case your company is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.
Q: When do I should think about taking legal action to protect my company?
As we mentioned earlier, if you are facing any prospective business enterprise dispute with legal implications, searching for legal guidance promptly can be the most beneficial strategy to avoid costly and contentious litigation down the line. Some examples of conditions where it’s going to usually 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