So what’s Civil Litigation and an attorney at law serving Acker Island, California to assist you to?
Civil litigation is the procedure through which civil matters are fixed in a court of law. Civil matters can be described as circumstances dealing with relationships between people, for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as in a criminal matter, civil cases are a person or company 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to refer to an attorney at law about potential civil litigation?
Any time you are troubled that a company dispute will lead to formal legal action, it is essential that you discuss your choices with federal litigation counsel. While legal action can be a way to address a dispute, there may be other less-costly options available also. The earlier you get litigation counsel included, the greater the probability you’ll need to find an informal solution that protects your company without the time and money of litigation. While a professional litigator will assert your company’s rights in the court, he or she should also be able to assist you explore alternatives that actually do not involve setting course for trial.
Q: My business in Acker Island has just been sued. Things I need to understand about the civil litigation process?
If your small business has just been sued, the first thing you may need to complete is be sure you possess a clear understanding of the deadlines that apply inside your case. You may need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, in case you are going to challenge particular problems using the complaint, you might need to meet a precise deadline with regard to these challenges also.
At this point, your organization also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that might potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it might also be essential to suspend present records-management protocols – which includes these 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 organization disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation could be just about the most onerous elements with the litigation method. On the other hand, you’ll find several grounds for difficult discovery requests in civil litigation, and your attorneys will probably be in a position to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) methods you may use the discovery approach to obtain leverage in the litigation.
Q: We took action against a former worker who violated confidentiality, and now we’re facing a lawsuit and a public relations nightmare. What selections do we have available?
This can be a potentially challenging situation, and one particular that demands a swift and strategic approach. Though companies need to have to take sufficient measures to guard their proprietary information and facts, they also need to have 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 business, these are matters that may be addressed by means of formal legal procedures. In case your company’s image is getting 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a range of aspects, which includes the scope on the deficiency along with the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, companies can face important sanctions; which includes a prospective “negative inference” based upon the perceived need to help keep certain info from the other party. Instituting and internally enforcing an proper litigation hold is a necessary a part of the litigation method, and it truly is anything that all companies ought to do in good faith and with all the guidance of experienced litigation counsel.
Q: Is it doable to pursue federal civil litigation against a organization that’s currently facing a federal investigation?
Yes. In fact, it is actually frequent for corporations 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 enterprise, we can make it easier to seek legal remedies in court. Conversely, for anyone who is facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it might be of essential importance to have counsel who can represent you in each matters, as decisions you make within your civil case can potentially impact your government investigation (and vice versa).
A different popular scenario exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are typically filed by disgruntled former employees and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your organization is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I ought to take into account taking legal action to protect my company?
As we mentioned earlier, for those who are facing any prospective small business dispute with legal implications, looking for legal tips promptly may be the top solution to steer clear of pricey and contentious litigation down the line. Some examples of scenarios where it will normally be advisable to engage litigation counsel to conduct a case assessment involve:
- 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