What’s Civil Litigation and an attorney at law serving Algerine, California to assist you?
Civil litigation is the procedure wherein civil matters are resolved in a courtroom. Civil matters can be defined as situations dealing with relationships between people, such as a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, like in a criminal matter, civil cases are any 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to talk with an attorney about potential civil litigation?
Any time you are concerned that a business dispute might lead to formal legal action, it is critical that you discuss your options with federal litigation counsel. While a lawsuit is just one way to address a dispute, there can be other less-costly alternatives available as well. The quicker you get litigation counsel included, the greater the likelihood you will need to find an informal solution that protects your business without the time and money of litigation. While a highly skilled 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 Algerine has just been sued. What do I need to know about the civil litigation process?
If your enterprise has just been sued, the first thing you’ll need to complete is ensure you have a clear understanding in the deadlines that apply within your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you’re going to challenge particular troubles with the complaint, you might have to have to meet a distinct deadline with regard to these challenges at the same time.
At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may well potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files inside the ordinary course of business enterprise.
As well as pre-trial motions, hearings, and settlement negotiations, complicated business disputes also normally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation could be one of the most onerous aspects in the litigation approach. However, you will find various grounds for difficult discovery requests in civil litigation, and your attorneys will be in a position to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) techniques you are able to make use of the discovery approach to get leverage in the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we are facing a lawsuit and a public relations nightmare. What solutions do we have available?
This really is a potentially difficult situation, and 1 that requires a swift and strategic method. Even though organizations will need to take sufficient methods to protect their proprietary info, additionally they will need to become cognizant in 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 firm, they are matters which will be addressed by way of formal legal procedures. In case your company’s image is being 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a variety of aspects, which includes the scope with the deficiency as well as the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, businesses can face important sanctions; like a possible “negative inference” based upon the perceived desire to help keep certain details in the other celebration. Instituting and internally enforcing an acceptable litigation hold can be a needed part of the litigation method, and it is something that all companies ought to do in excellent faith and with the guidance of knowledgeable litigation counsel.
Q: Is it possible to pursue federal civil litigation against a organization that is currently facing a federal investigation?
Yes. In reality, it can be popular for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your enterprise, we are able to help you seek legal remedies in court. Conversely, when you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Within the latter situation, it may be of vital value to possess 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).
A different popular scenario where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other financial 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 proof. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I need to think about taking legal action to defend my company?
As we mentioned earlier, when you are facing any prospective company dispute with legal implications, searching for legal suggestions promptly can be the most effective solution to prevent pricey and contentious litigation down the line. Some examples of scenarios exactly where it can usually 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