Exactly what is Civil Litigation as well as an attorney at law serving Acorn, California that will help you?
Civil litigation is the procedure wherein civil matters are solved in a courtroom. Civil matters can be defined as scenarios dealing with relationships between people, 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 an individual 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
Answers to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to talk with an attorney about potential civil litigation?
Any time you are troubled that a company dispute will lead to formal legal action, it is crucial that you talk about your own options with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there is certainly other less-costly available options also. The earlier you get litigation counsel engaged, the greater the possibility you will have to find an informal solution that protects your business without the time and money of litigation. While a skilled 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 Acorn has just been sued. What exactly do I need to understand about the civil litigation process?
If your small business has just been sued, the first thing you’ll need to do is make sure you possess a clear understanding with the deadlines that apply within your case. You need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, when you are going to challenge certain challenges with the complaint, you could require to meet a distinct deadline with regard to these challenges as well.
At this point, your enterprise also needs to initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also generally 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 is often probably the most onerous aspects of your litigation approach. However, you can find a variety of grounds for challenging discovery requests in civil litigation, and your attorneys are going to be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) approaches you can make use of the discovery process to obtain leverage inside the litigation.
Q: We took action against a former employee who breached privacy, and now we are facing a lawsuit along with a public relations nightmare. What choices do we have available?
This can be a potentially challenging circumstance, and a single that demands a swift and strategic strategy. While companies need to have to take sufficient measures to defend their proprietary facts, they also will need to become cognizant on 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 firm, these are matters that can be addressed by means of formal legal procedures. If your company’s image is becoming battered within 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 rely upon various factors, including the scope of your deficiency as well as the possible effects around the litigation. In circumstances of intentional failure or gross negligence, corporations can face considerable sanctions; such as a potential “negative inference” based upon the perceived desire to help keep specific information in the other party. Instituting and internally enforcing an proper litigation hold is usually a vital part of the litigation approach, and it truly is anything that all providers should do in good faith and with the guidance of knowledgeable litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a firm that is currently facing a federal investigation?
Yes. In reality, it truly is widespread 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 allow you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. Within the latter situation, it might be of vital significance to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially effect your government investigation (and vice versa).
A different popular situation where private action can cause 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 when the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary 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. In case your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to stop charges from getting filed.
Q: When do I really need to consider taking legal action to shield my company?
As we described earlier, for those who are facing any possible organization dispute with legal implications, looking for legal tips promptly could be the ideal solution to prevent expensive and contentious litigation down the line. Some examples of situations where it can usually 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