What exactly is Civil Litigation as well as an attorney serving Acebedo, California to assist you to?
Civil litigation is the method where civil matters are settled in a court of law. Civil matters can be described as cases dealing with relationships between people, like 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 somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to talk with an attorney at law about potential civil litigation?
Any time you are concerned that a company dispute might lead to formal legal action, it is important that you talk about your possible choices with federal litigation counsel. While legal action can be a way to address a dispute, there are other less-costly available choices too. The sooner you get litigation counsel engaged, the better the opportunity you’ll need to find an informal solution that protects your business without the time and expense of litigation. While a highly trained litigator can assert your company’s rights in court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Acebedo has just been sued. What I need to understand about the civil litigation process?
If your business has just been sued, the first thing you’ll need to complete is ensure you have a clear understanding of the deadlines that apply within your case. You need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you’re going to challenge certain problems with all the complaint, you may will need to meet a distinct deadline with regard to these challenges at the same time.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend existing records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also frequently involve voluminous electronic discovery. Each 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 could be one of the most onerous aspects of your litigation approach. However, you’ll find a variety of grounds for challenging discovery requests in civil litigation, and your attorneys are going to be able to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) methods you could make use of the discovery course of action to obtain leverage in the litigation.
Q: We took action against a former member of staff who breached privacy, and now we’re facing a lawsuit and also a public relations nightmare. What possibilities do we have available?
This can be a potentially challenging predicament, and a single that requires a swift and strategic strategy. When corporations need to have to take sufficient actions to defend their proprietary details, they also will need to become cognizant of the sensible implications of suing a disgruntled former employee in today’s globe 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 corporation, these are matters that could be addressed by way of formal legal procedures. In case your company’s image is getting 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a variety of factors, such as the scope of your deficiency and the possible effects around the litigation. In circumstances of intentional failure or gross negligence, organizations can face significant sanctions; which includes a possible “negative inference” based upon the perceived wish to keep specific information in the other party. Instituting and internally enforcing an proper litigation hold is a needed part of the litigation approach, and it’s anything that all corporations ought 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 already facing a federal investigation?
Yes. The truth is, it really is common for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your enterprise, we are able to allow you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. Inside the latter situation, it might be of crucial value to possess counsel who can represent you in both matters, as decisions you make inside your civil case can potentially impact your government investigation (and vice versa).
Another prevalent situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are frequently filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive proof. If 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 getting filed.
Q: When do I ought to consider taking legal action to protect my company?
As we pointed out earlier, in the event you are facing any possible business dispute with legal implications, searching for legal suggestions promptly can be the most effective method to stay clear of pricey and contentious litigation down the line. Some examples of conditions exactly where it’ll generally 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