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What is Civil Litigation and an attorney servicing Sharon, California that can assist you?

Civil Lawyer in Sharon, CaliforniaCivil litigation is the procedure by which civil matters are solved in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, such as 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

Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to consult an attorney about potential civil litigation?
Any time you are nervous that a company dispute will swiftly lead to formal legal action, it is vital that you talk about your options with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there might be other less-costly available options as well. The quicker you get litigation counsel involved, the higher the probability you will need to find an informal solution that protects your company without the time and money of litigation. While an experienced litigator will assert your company’s rights in the courtroom, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.

Q: My business in Sharon has just been sued. What I need to know about the civil litigation process?
If your small business has just been sued, the very first thing you need to accomplish is ensure you possess a clear understanding in the deadlines that apply within your case. You will need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, in case you are going to challenge specific issues using the complaint, you could possibly have to have to meet a distinct deadline with regard to these challenges too.

At this point, your company also needs to initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may well potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it might also be necessary to suspend existing records-management protocols – which includes these that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.

Along with pre-trial motions, hearings, and settlement negotiations, complicated business 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 towards the litigation, and meeting your production obligation may be probably the most onerous aspects of the litigation approach. Nevertheless, you will discover many grounds for difficult discovery requests in civil litigation, as well as your attorneys is going to be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) approaches you could use the discovery course of action to get leverage inside the litigation.

Q: We took action against a former worker who breached confidentiality, and now we’re facing a lawsuit and a public relations nightmare. What selections do we’ve got available?
That is a potentially difficult predicament, and a single that demands a swift and strategic strategy. While organizations need to have to take sufficient steps to defend their proprietary details, they also require to become cognizant from the practical 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 organization, they are matters that could be addressed via formal legal procedures. In case your company’s image is becoming battered in the public arena, we are able to hold the media accountable for false reporting and undertake other measures focused on crisis management.

Q: What will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon various variables, such as the scope with the deficiency and also the potential effects around the litigation. In situations of intentional failure or gross negligence, firms can face considerable sanctions; like a prospective “negative inference” based upon the perceived desire to maintain certain details from the other party. Instituting and internally enforcing an acceptable litigation hold is actually a required a part of the litigation method, and it truly is something that all organizations have to do in superior faith and with the guidance of knowledgeable litigation counsel.

Q: Is it possible to pursue federal civil litigation against a company that is definitely currently facing a federal investigation?
Yes. In truth, it truly is prevalent for organizations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your enterprise, we can enable you to seek legal treatments in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. In the latter scenario, it might be of critical importance to possess counsel who can represent you in both matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).

A further typical scenario where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (known as the “relator”); and in the event 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 frequently filed by disgruntled former staff and competitors with ulterior motives, and with tiny (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 stop charges from being filed.

Q: When do I should consider taking legal action to guard my company?
As we pointed out earlier, when you are facing any possible business dispute with legal implications, seeking legal guidance promptly could be the very best solution to stay clear of expensive and contentious litigation down the line. Some examples of situations 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
  • Fraud
  • Tortious interference
  • Disputes involving mergers and acquisitions
  • Shareholder and partner disputes

Civil Lawyer in Sharon, California

Last Updated on February 12, 2022