What exactly is Civil Litigation and an attorney servicing Alabama Hills, California to help you?
Civil litigation is the method by which civil matters are resolved in a court of law. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as with 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
Answers to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to talk to an attorney at law about potential civil litigation?
When concerned that a business dispute might lead to formal legal action, it is vital that you discuss your own possible choices with federal litigation counsel. While a lawsuit can be a way to approach a dispute, there is certainly other less-costly available options too. The earlier you get litigation counsel included, the greater the possibility you will have to find an informal solution that protects your business without the time and expense of litigation. While a knowledgeable litigator will assert your company’s rights in the court, he or she should also be able to assist you to explore alternatives that do not involve setting course for trial.
Q: My business in Alabama Hills has just been sued. Just what do I need to know about the civil litigation process?
If your business has just been sued, the very first thing you need to complete is make sure you possess a clear understanding of the deadlines that apply in your case. You may need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you are going to challenge particular problems with the complaint, you may want to meet a certain deadline with regard to these challenges as well.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it might also be necessary to suspend existing records-management protocols – such as these that involve the deletion or overwriting of electronic files within the ordinary course of small business.
Together with pre-trial motions, hearings, and settlement negotiations, complex company disputes also frequently 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 is often probably the most onerous elements in the litigation approach. On the other hand, there are actually a variety of grounds for difficult discovery requests in civil litigation, and your attorneys will be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) methods you are able to make use of the discovery approach to get leverage in the litigation.
Q: We took action against a former employee who violated confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What possibilities do we’ve got available?
This really is a potentially challenging situation, and a single that needs a swift and strategic method. Although firms will need to take adequate methods to defend their proprietary data, in addition they need to have to be cognizant with the practical 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 corporation, they are matters that may be addressed by means of formal legal procedures. If your company’s image is becoming battered within 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 a range of components, which includes the scope with the deficiency along with the potential effects on the litigation. In cases of intentional failure or gross negligence, companies can face significant sanctions; which includes a potential “negative inference” based upon the perceived desire to keep particular data from the other party. Instituting and internally enforcing an proper litigation hold is usually a important part of the litigation process, and it can be a thing that all corporations should do in good faith and with all the guidance of seasoned litigation counsel.
Q: Is it possible to pursue federal civil litigation against a firm that may be already facing a federal investigation?
Yes. The truth is, it is prevalent for providers 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 business, we are able to assist you seek legal treatments in court. Conversely, if you’re 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 situation, it might be of essential importance to possess counsel who can represent you in each matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).
An additional widespread situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to acquire 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 small (if any) substantive proof. If your business 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 getting filed.
Q: When do I should contemplate taking legal action to defend my company?
As we mentioned earlier, in the event you are facing any potential enterprise dispute with legal implications, searching for legal assistance promptly may be the most effective way to steer clear of expensive and contentious litigation down the line. Some examples of situations where it’s going to frequently 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
- Tortious interference
- Disputes involving mergers and acquisitions
- Shareholder and partner disputes