What is Civil Litigation and an attorney servicing Ahwahnee Estates, California to help you?
Civil litigation is the method wherein civil matters are settled in a courtroom. Civil matters can be described as situations dealing with relationships between people, such as a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as with 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
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to refer to an attorney about potential civil litigation?
When nervous that a company dispute could eventually lead to formal legal action, it is crucial that you discuss your own possible choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there may be other less-costly solutions too. The sooner you get litigation counsel included, the higher the chance you’ll need to find an informal solution that protects your company without the time and money of litigation. While an expert litigator can 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 Ahwahnee Estates has just been sued. What / things I need to understand about the civil litigation process?
In case your enterprise has just been sued, the very first thing you need to accomplish is be sure 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 under the applicable court rules (state or federal); and, for anyone who is going to challenge particular concerns using the complaint, you could want to meet a distinct deadline with regard to these challenges also.
At this point, your organization also needs to initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that might potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it might also be essential to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files inside the ordinary course of company.
Along with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant to the litigation, and meeting your production obligation is often one of the most onerous elements in the litigation approach. Nevertheless, there are different grounds for difficult discovery requests in civil litigation, as well as your attorneys will be in a position to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) strategies you’ll be able to use the discovery approach to get leverage inside the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What alternatives do we’ve got available?
That is a potentially challenging scenario, and one particular that needs a swift and strategic method. Though corporations require to take adequate steps to defend their proprietary information, additionally they need to become cognizant on 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 which can be addressed by means of formal legal procedures. In case your company’s image is being battered within the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon several different things, which includes the scope on the deficiency along with the potential effects around the litigation. In cases of intentional failure or gross negligence, providers can face important sanctions; which includes a prospective “negative inference” primarily based upon the perceived want to maintain certain info in the other party. Instituting and internally enforcing an proper litigation hold is usually a necessary a part of the litigation procedure, and it really is something that all firms should do in great faith and with all the guidance of knowledgeable litigation counsel.
Q: Is it doable to pursue federal civil litigation against a corporation that is definitely already facing a federal investigation?
Yes. In actual fact, it is actually widespread for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your company, we are able to help you seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served with a civil complaint, we are able to represent you in both proceedings. In the latter scenario, it may be of important significance to have counsel who can represent you in both matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).
An additional common scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive evidence. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from getting filed.
Q: When do I really need to look at taking legal action to defend my company?
As we talked about earlier, when you are facing any possible business dispute with legal implications, looking for legal guidance promptly might be the most beneficial technique to steer clear of expensive and contentious litigation down the line. Some examples of situations where it’ll commonly be advisable to engage litigation counsel to conduct a case assessment include:
- 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