What exactly is Civil Litigation and an attorney servicing Aldercroft Heights, California that will help you?
Civil litigation is the procedure wherein civil matters are resolved in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, like a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, as in a criminal matter, civil cases are any person or business 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to talk with an attorney about potential civil litigation?
Any time you are nervous that a business dispute could eventually lead to formal legal action, it is critical that you discuss the choices with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there could be other less-costly alternatives too. The sooner you get litigation counsel involved, the better the likelihood you will need to find an informal solution that protects your company without the time and expense of litigation. While an experienced litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Aldercroft Heights has just been sued. What exactly do I need to learn about the civil litigation process?
In case your organization has just been sued, the very first thing you need to accomplish is be sure you have a clear understanding with the deadlines that apply within your case. You need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, in case you are going to challenge specific difficulties using the complaint, you may have to have to meet a certain deadline with regard to these challenges at the same time.
At this point, your organization also must initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that may perhaps potentially be discoverable in the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of organization.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation can be just about the most onerous aspects of the litigation process. Nevertheless, there are actually various grounds for difficult discovery requests in civil litigation, and your attorneys will likely be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods it is possible to make use of the discovery course of action to get leverage within the litigation.
Q: We took action against a previous worker who breached confidentiality, and now we are facing a lawsuit in addition to a public relations nightmare. What solutions do we’ve got available?
This really is a potentially challenging scenario, and one particular that calls for a swift and strategic strategy. Even though businesses require to take adequate methods to shield their proprietary information, they also have to have 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 company, they are matters that will be addressed by means of formal legal procedures. In case your company’s image is being battered inside the public arena, we are able to 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 components, including the scope on the deficiency and also the prospective effects on the litigation. In situations of intentional failure or gross negligence, businesses can face considerable sanctions; which includes a prospective “negative inference” primarily based upon the perceived desire to help keep particular data from the other party. Instituting and internally enforcing an acceptable litigation hold is actually a important part of the litigation process, and it can be some thing that all providers need to do in great faith and with all the guidance of experienced litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a enterprise that’s currently facing a federal investigation?
Yes. The truth is, it truly is common for organizations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your business, we can assist you seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. In the latter situation, it might be of important value to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).
A further frequent situation where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are generally filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to stop charges from becoming filed.
Q: When do I must take into account taking legal action to defend my company?
As we described earlier, should you are facing any prospective small business dispute with legal implications, looking for legal suggestions promptly is often the most effective method to prevent costly and contentious litigation down the line. Some examples of situations where it’s going to frequently be advisable to engage litigation counsel to conduct a case assessment involve:
- 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