What exactly is Civil Litigation and an attorney at law serving Acebedo, California to assist you?
Civil litigation is the process in which civil matters are resolved in a courtroom. Civil matters can be defined as cases dealing with relationships between people, for instance a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, like a criminal matter, civil cases are an individual 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 for you to discuss with an attorney at law about potential civil litigation?
When concerned that a company dispute will swiftly lead to formal legal action, it is vital that you discuss the options with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there may be other less-costly alternatives as well. The earlier you get litigation counsel engaged, the better the chance you will have to find an informal solution that protects your business without the time and money of litigation. While a seasoned litigator will be able to assert your company’s rights in the 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 / things I need to learn about the civil litigation process?
In case your company has just been sued, the very first thing you may need to do is make sure you possess a clear understanding of your deadlines that apply in your case. You need to respond for the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, when you are going to challenge certain concerns using the complaint, you could possibly will need to meet a certain deadline with regard to these challenges too.
At this point, your business also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it might also be necessary to suspend current records-management protocols – like these that involve the deletion or overwriting of electronic files within the ordinary course of small business.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also frequently 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 may be one of the most onerous aspects with the litigation method. On the other hand, there are many grounds for challenging discovery requests in civil litigation, as well as your attorneys might be able to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) methods you’ll be able to use the discovery process to get leverage within the litigation.
Q: We took action against a former worker who breached confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What solutions do we have available?
That is a potentially challenging scenario, and one particular that calls for a swift and strategic approach. Even though firms require to take adequate steps to protect their proprietary information, they also have to have to be cognizant with the practical implications of suing a disgruntled former employee in today’s planet 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 organization, these are matters that will be addressed by way of formal legal procedures. In case 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 rely upon many different components, which includes the scope with the deficiency along with the potential effects on the litigation. In instances of intentional failure or gross negligence, organizations can face significant sanctions; which includes a possible “negative inference” based upon the perceived need to help keep particular info from the other celebration. Instituting and internally enforcing an suitable litigation hold is usually a required part of the litigation course of action, and it is something that all businesses must do in good faith and together with the guidance of knowledgeable litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a firm that is already facing a federal investigation?
Yes. Actually, it is common for firms 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 business, we are able to assist you to seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. Within the latter situation, it might be of important significance to have counsel who can represent you in each matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).
One more popular 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 if the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former employees and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your enterprise 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 need to consider taking legal action to protect my company?
As we mentioned earlier, when you are facing any potential company dispute with legal implications, looking for legal assistance promptly can be the most beneficial strategy to avoid expensive and contentious litigation down the line. Some examples of scenarios 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