What exactly is Civil Litigation as well as an attorney at law serving American Canyon, California to assist you to?
Civil litigation is the process by which civil matters are solved in a courtroom. Civil matters can be defined as circumstances dealing with relationships between people, say for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like a criminal matter, civil cases are any person or business 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to refer to an attorney about potential civil litigation?
Any time you are anxious that a business dispute may ultimately lead to formal legal action, it is critical that you discuss the possible choices with federal litigation counsel. While legal action can be a way to approach a dispute, there might be other less-costly available choices too. The quicker you get litigation counsel involved, the higher the probability you will need to find an informal solution that protects your business without the time and money of litigation. While a knowledgeable litigator can 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 American Canyon has just been sued. Things I need to learn about the civil litigation process?
In case your company has just been sued, the first thing you need to perform is be sure to have a clear understanding from the deadlines that apply inside your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified under the applicable court rules (state or federal); and, when you are going to challenge specific difficulties together with the complaint, you could possibly want to meet a certain deadline with regard to these challenges at the same time.
At this point, your business also needs to initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may well potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it might also be necessary to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant towards the litigation, and meeting your production obligation is often one of the most onerous aspects of the litigation course of action. However, you’ll find several grounds for challenging discovery requests in civil litigation, as well as your attorneys are going to be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) techniques it is possible to make use of the discovery method to gain leverage inside the litigation.
Q: We took action against a previous member of staff who breached privacy, and now we are facing a lawsuit as well as a public relations nightmare. What possibilities do we have available?
This really is a potentially difficult situation, and a single that demands a swift and strategic method. When companies require to take adequate actions to defend their proprietary data, they also want to be cognizant of your 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, these are matters that will be addressed via 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon many different components, which includes the scope on the deficiency as well as the prospective effects around the litigation. In cases of intentional failure or gross negligence, providers can face significant sanctions; like a potential “negative inference” based upon the perceived wish to keep specific facts from the other party. Instituting and internally enforcing an appropriate litigation hold is usually a important a part of the litigation course of action, and it’s one thing that all providers ought to do in very good faith and using the guidance of experienced litigation counsel.
Q: Is it probable to pursue federal civil litigation against a enterprise that may be currently facing a federal investigation?
Yes. In fact, it can be frequent for businesses 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 company, we are able to allow you to 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 each proceedings. Inside the latter scenario, it might be of essential importance to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).
Another widespread scenario exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive proof. In case your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from getting filed.
Q: When do I must consider taking legal action to protect my company?
As we described earlier, in case you are facing any possible small business dispute with legal implications, searching for legal advice promptly is often the very best strategy to stay clear of expensive and contentious litigation down the line. Some examples of circumstances where it is 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