What is Civil Litigation as well as an attorney at law servicing Amsterdam, California that can assist you?
Civil litigation is the method through which civil matters are solved in a courtroom. Civil matters can be described as situations dealing with relationships between people, for instance a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, like in 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 speak to an attorney about potential civil litigation?
When nervous that a company dispute might lead to formal legal action, it is vital that you talk about the options with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there can be other less-costly alternatives too. The quicker you get litigation counsel involved, the higher the probability you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a highly trained litigator will assert your company’s rights in 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 Amsterdam has just been sued. What / things I need to learn about the civil litigation process?
If your enterprise has just been sued, the very first thing you’ll need to accomplish is make sure you have a clear understanding of your deadlines that apply within your case. You’ll need to respond towards the plaintiff’s complaint within the timeframe specified under the applicable court guidelines (state or federal); and, should you be going to challenge specific concerns using the complaint, you may need to have to meet a specific deadline with regard to these challenges also.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that may perhaps potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it might also be necessary to suspend current records-management protocols – which includes those that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also typically involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant to the litigation, and meeting your production obligation is usually probably the most onerous aspects of the litigation course of action. Having said that, you can find many grounds for challenging discovery requests in civil litigation, as well as your attorneys might be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) ways you’ll be able to use the discovery process to get leverage in the litigation.
Q: We took action against a previous worker who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What possibilities do we have available?
This can be a potentially difficult situation, and one that requires a swift and strategic method. When corporations need to take adequate measures to defend their proprietary information and facts, in addition they require to become cognizant of the practical 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 corporation, they are matters that could be addressed through formal legal procedures. In case your company’s image is becoming battered inside the public arena, we can 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 depend upon many different things, like the scope of the deficiency as well as the possible effects around the litigation. In cases of intentional failure or gross negligence, providers can face important sanctions; which includes a potential “negative inference” primarily based upon the perceived desire to help keep certain details in the other celebration. Instituting and internally enforcing an appropriate litigation hold is really a essential a part of the litigation approach, and it’s some thing that all companies have to do in very good faith and with the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a organization which is currently facing a federal investigation?
Yes. In actual fact, it’s widespread for providers 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 can allow you to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. Within the latter situation, it may be of vital importance to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
An additional prevalent scenario exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from becoming filed.
Q: When do I really need to contemplate taking legal action to protect my company?
As we mentioned earlier, in case you are facing any potential business enterprise dispute with legal implications, looking for legal tips promptly can be the ideal strategy to stay clear of costly and contentious litigation down the line. Some examples of circumstances exactly where it is going to generally be advisable to engage litigation counsel to conduct a case assessment contain:
- 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