Exactly what is Civil Litigation and an attorney serving Acorn, California that can assist you?
Civil litigation is the procedure by which civil matters are solved in a court of law. Civil matters can be defined as cases dealing with relationships between people, say 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 an individual or company 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to refer to an attorney about potential civil litigation?
Any time you are troubled that a business dispute will swiftly lead to formal legal action, it is important that you talk about your own possible choices with federal litigation counsel. While legal action is just one way to deal with a dispute, there is certainly other less-costly solutions also. The sooner you get litigation counsel engaged, the better the likelihood you will need to find an informal solution that protects your company without the time and expense of litigation. While an expert litigator will be able to assert your company’s rights in the court, he or she should also be able to help you out explore alternatives that actually do not involve setting course for trial.
Q: My business in Acorn has just been sued. What exactly do I need to learn about the civil litigation process?
In case your enterprise has just been sued, the very first thing you will need to complete is ensure you have a clear understanding with the deadlines that apply within your case. You will need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, in case you are going to challenge specific concerns with all the complaint, you may will need to meet a specific deadline with regard to these challenges at the same time.
At this point, your enterprise also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it may also be essential to suspend current records-management protocols – like these that involve the deletion or overwriting of electronic files within the ordinary course of business.
Together 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 to the litigation, and meeting your production obligation can be just about the most onerous aspects of the litigation course of action. Nonetheless, you will discover a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys might be able to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) approaches you may make use of the discovery method to obtain leverage within the litigation.
Q: We took action against a previous member of staff who violated privacy, and now we are facing a lawsuit and a public relations nightmare. What alternatives do we have available?
That is a potentially difficult predicament, and one particular that calls for a swift and strategic method. While providers need to have to take adequate steps to shield their proprietary details, they also will need to be cognizant with 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 company, these are matters that will be addressed by means of formal legal procedures. If your company’s image is being 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 various elements, like the scope on the deficiency and the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, firms can face considerable sanctions; which includes a prospective “negative inference” based upon the perceived want to help keep specific info in the other celebration. Instituting and internally enforcing an suitable litigation hold is usually a important part of the litigation method, and it is actually a thing that all organizations have to do in fantastic faith and together with the guidance of knowledgeable litigation counsel.
Q: Is it possible to pursue federal civil litigation against a corporation that is certainly currently facing a federal investigation?
Yes. Actually, it is actually typical 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 enable you to seek legal remedies in court. Conversely, if you’re facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. Within the latter situation, it might be of essential value to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).
One more popular scenario where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are often filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive proof. If 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 being filed.
Q: When do I ought to think about taking legal action to protect my company?
As we pointed out earlier, for those who are facing any prospective company dispute with legal implications, seeking legal advice promptly could be the ideal way to steer clear of pricey and contentious litigation down the line. Some examples of circumstances exactly where it will typically be advisable to engage litigation counsel to conduct a case assessment include:
- 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