What exactly is Civil Litigation and an attorney at law serving Abilene, California to assist you to?
Civil litigation is the process where civil matters are fixed in a court of law. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between firms. 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 somebody else 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 for you to seek advice from an attorney about potential civil litigation?
When worried that a company dispute could eventually lead to formal legal action, it is critical that you talk about your own options with federal litigation counsel. While legal action is just one way to address a dispute, there is certainly other less-costly options available as well. The sooner you get litigation counsel included, the higher the opportunity you’ll need to find an informal solution that protects your company without the time and money of litigation. While an expert litigator will be able to assert your company’s rights in the court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Abilene has just been sued. What exactly do I need to know about the civil litigation process?
In case your organization has just been sued, the first thing you may need to accomplish is ensure you possess a clear understanding in the deadlines that apply inside your case. You need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, if you are going to challenge particular difficulties together with the complaint, you may need to have to meet a particular deadline with regard to these challenges also.
At this point, your organization also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files inside the ordinary course of company.
As well as pre-trial motions, hearings, and settlement negotiations, complex business disputes also often involve voluminous electronic discovery. Each 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 usually one of the most onerous aspects on the litigation approach. On the other hand, you will discover various grounds for difficult discovery requests in civil litigation, as well as your attorneys is going to be able to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) strategies it is possible to use the discovery course of action to get leverage inside the litigation.
Q: We took action against a former employee who violated privacy, and now we’re facing a lawsuit in addition to a public relations nightmare. What choices do we have available?
This can be a potentially difficult circumstance, and a single that needs a swift and strategic approach. Although companies want to take adequate actions to guard their proprietary details, they also want to become cognizant from 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 enterprise, they are matters that can be addressed via formal legal procedures. If your company’s image is getting battered in the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon various aspects, including the scope from the deficiency and the possible effects around the litigation. In instances of intentional failure or gross negligence, firms can face considerable sanctions; which includes a prospective “negative inference” primarily based upon the perceived wish to maintain particular information from the other celebration. Instituting and internally enforcing an suitable litigation hold can be a vital a part of the litigation method, and it truly is something that all companies have to do in very good faith and using the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a enterprise that is certainly currently facing a federal investigation?
Yes. In fact, it can be frequent for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your enterprise, we can enable you to seek legal treatments in court. Conversely, should you be facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. In the latter scenario, it might be of important significance to have counsel who can represent you in both matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).
An additional popular situation exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations produced by a private citizen (known 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 frequently filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive proof. If your organization is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I have to think about taking legal action to safeguard my company?
As we talked about earlier, for those who are facing any prospective business dispute with legal implications, in search of legal tips promptly can be the best method to stay away from costly and contentious litigation down the line. Some examples of conditions exactly where it is going to normally 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