What exactly is Civil Litigation as well as an attorney at law serving Anchor Bay, California to help you?
Civil litigation is the procedure by which civil matters are settled in a courtroom. Civil matters can be described as circumstances dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like in 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
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to consult an attorney about potential civil litigation?
Any time you are anxious that a company dispute will lead to formal legal action, it is vital that you discuss the choices with federal litigation counsel. While a lawsuit is certainly one way to address a dispute, there are other less-costly solutions as well. The earlier you get litigation counsel included, the better the opportunity you’ll have to find an informal solution that protects your company without the time and money of litigation. While a seasoned litigator can assert your company’s rights in the 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 Anchor Bay has just been sued. Just what do I need to find out about the civil litigation process?
If your organization has just been sued, the first thing you will need to accomplish is be sure to have a clear understanding on the deadlines that apply inside your case. You may need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge certain issues with the complaint, you could require to meet a precise deadline with regard to these challenges too.
At this point, your business also needs to initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be necessary to suspend present records-management protocols – which includes these that involve the deletion or overwriting of electronic files within the ordinary course of company.
Together with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant to the litigation, and meeting your production obligation can be just about the most onerous aspects of the litigation procedure. Having said that, you’ll find many grounds for difficult discovery requests in civil litigation, and your attorneys are going to be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) techniques you could use the discovery procedure to obtain leverage in the litigation.
Q: We took action against a previous worker who violated privacy, and now we are facing a lawsuit in addition to a public relations nightmare. What solutions do we’ve got available?
This is a potentially challenging scenario, and 1 that demands a swift and strategic method. Whilst companies require to take sufficient measures to shield their proprietary information, in addition they have to have to become cognizant of 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 business, they are matters that will be addressed via formal legal procedures. In case your company’s image is being 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 rely upon many different elements, such as the scope of the deficiency and the prospective effects on the litigation. In cases of intentional failure or gross negligence, providers can face substantial sanctions; which includes a possible “negative inference” based upon the perceived desire to maintain particular data from the other party. Instituting and internally enforcing an suitable litigation hold is usually a needed part of the litigation procedure, and it’s a thing that all firms need to do in great faith and with all the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a firm that is definitely already facing a federal investigation?
Yes. In truth, it is frequent for organizations 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 are able to assist you to seek legal treatments in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Inside the latter scenario, it may be of important value to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).
One more popular situation exactly 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 (referred to 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 financial penalties the government collects. Qui tam actions are normally filed by disgruntled former employees and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from getting filed.
Q: When do I should look at taking legal action to protect my company?
As we talked about earlier, should you are facing any potential business dispute with legal implications, in search of legal assistance promptly may be the most beneficial technique to keep away from costly and contentious litigation down the line. Some examples of circumstances exactly where it’s going to frequently 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