What is Civil Litigation and an attorney serving Alta Mesa, California that can assist you?
Civil litigation is the method where civil matters are settled in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, such as 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 a 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
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to visit an attorney about potential civil litigation?
Any time you are anxious that a business dispute will lead to formal legal action, it is essential that you discuss your possible choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there might be other less-costly available options too. The earlier you get litigation counsel involved, the higher the probability you will have to find an informal solution that protects your business without the time and expense of litigation. While an expert litigator will assert your company’s rights in the court, he or she should also be able to help you out explore alternatives that do not involve setting course for trial.
Q: My business in Alta Mesa has just been sued. Things I need to know about the civil litigation process?
In case your small business has just been sued, the first thing you need to complete is be sure to possess a clear understanding of your deadlines that apply in your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you are going to challenge certain challenges with all the complaint, you could possibly require 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 is a systematic procedure of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of small business.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant to the litigation, and meeting your production obligation might be probably the most onerous aspects with the litigation course of action. Nonetheless, you’ll find various grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be able to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) methods it is possible to make use of the discovery process to obtain leverage in the litigation.
Q: We took action against a previous employee who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What solutions do we have available?
This is a potentially challenging situation, and 1 that calls for a swift and strategic strategy. Though providers need to have to take adequate methods to safeguard their proprietary info, additionally they need to be cognizant of the sensible 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 firm, these are matters that will be addressed by way of formal legal procedures. In case your company’s image is becoming 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 elements, which includes the scope of the deficiency along with the prospective effects around the litigation. In instances of intentional failure or gross negligence, organizations can face substantial sanctions; like a prospective “negative inference” based upon the perceived wish to keep certain information and facts from the other party. Instituting and internally enforcing an suitable litigation hold is usually a required a part of the litigation process, and it really is a thing that all providers have to do in superior faith and with the guidance of experienced litigation counsel.
Q: Is it probable to pursue federal civil litigation against a firm that is definitely already facing a federal investigation?
Yes. In truth, it is prevalent for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your business, we are able to assist you to seek legal remedies in court. Conversely, if you’re facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. Inside the latter situation, it might be of essential importance to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).
Another typical situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within 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 receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are often filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive evidence. If your organization 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 need to look at taking legal action to guard my company?
As we mentioned earlier, should you are facing any possible enterprise dispute with legal implications, searching for legal suggestions promptly is usually the very best strategy to stay away from costly and contentious litigation down the line. Some examples of scenarios where it can normally be advisable to engage litigation counsel to conduct a case assessment include things like:
- 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