Just what is Civil Litigation as well as an attorney at law serving Acker Island, California that can assist you?
Civil litigation is the process by which civil matters are fixed in a court of law. Civil matters can be described as cases dealing with relationships between people, say for example 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 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to discuss with an attorney at law about potential civil litigation?
Any time you are troubled that a business dispute will lead to formal legal action, it is essential that you talk about your options with federal litigation counsel. While a lawsuit can be a way to deal with a dispute, there might be other less-costly available options too. The quicker you get litigation counsel engaged, the greater the opportunity you’ll need to find an informal solution that protects your company without the time and expense of litigation. While an expert litigator can 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. Just what do I need to understand about the civil litigation process?
In case your business has just been sued, the first thing you need to perform is make sure you have a clear understanding of your deadlines that apply within your case. You will need to respond for the plaintiff’s complaint within the timeframe specified below the applicable court rules (state or federal); and, if you are going to challenge particular issues with all the complaint, you may require to meet a particular deadline with regard to these challenges also.
At this point, your company also needs to initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend present records-management protocols – including these that involve the deletion or overwriting of electronic files within the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also typically involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation can be just about the most onerous aspects from the litigation method. Nonetheless, you will discover different grounds for difficult discovery requests in civil litigation, as well as your attorneys will probably be in a position to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) methods you are able to use the discovery procedure to acquire leverage in the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we are facing a lawsuit in addition to a public relations nightmare. What options do we have available?
That is a potentially difficult scenario, and 1 that requires a swift and strategic approach. Although companies require to take sufficient actions to safeguard their proprietary information and facts, in addition they have to have to become cognizant from 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 enterprise, these are matters that will be addressed through formal legal procedures. If your company’s image is getting battered in the public arena, we can 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 several different variables, including the scope with the deficiency along with the potential effects on the litigation. In situations of intentional failure or gross negligence, providers can face substantial sanctions; such as a potential “negative inference” based upon the perceived desire to keep specific facts in the other party. Instituting and internally enforcing an acceptable litigation hold is a vital part of the litigation approach, and it can be some thing that all companies really need to do in good faith and together with the guidance of experienced litigation counsel.
Q: Is it doable to pursue federal civil litigation against a corporation that is definitely currently facing a federal investigation?
Yes. In actual fact, it’s prevalent for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your business, we can allow you to seek legal remedies in court. Conversely, for anyone who is facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. In the latter situation, it might be of vital significance to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
Yet another popular situation where private action can bring about 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 if the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are normally filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from becoming filed.
Q: When do I should think about taking legal action to safeguard my company?
As we described earlier, for those who are facing any prospective enterprise dispute with legal implications, searching for legal guidance promptly is often the best solution to prevent costly and contentious litigation down the line. Some examples of situations exactly where it’ll generally 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