What exactly is Civil Litigation and an attorney servicing Anderson, California to help you out?
Civil litigation is the method wherein civil matters are fixed in a courtroom. Civil matters can be described as situations dealing with relationships between people, like a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as with 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
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney about potential civil litigation?
Any time you are troubled that a company dispute might lead to formal legal action, it is critical that you discuss your own choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there could be other less-costly available options too. The earlier you get litigation counsel involved, the higher the potential you’ll need to find an informal solution that protects your business without the time and money of litigation. While an experienced litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Anderson has just been sued. Things I need to find out about the civil litigation process?
In case your organization has just been sued, the very first thing you’ll need to perform is be sure you have a clear understanding in the deadlines that apply inside your case. You will need to respond for the plaintiff’s complaint within the timeframe specified below the applicable court rules (state or federal); and, should you be going to challenge certain problems using the complaint, you may will need to meet a certain deadline with regard to these challenges too.
At this point, your company also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend current records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of business.
Together with pre-trial motions, hearings, and settlement negotiations, complex small 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 are relevant for the litigation, and meeting your production obligation could be one of the most onerous elements of your litigation procedure. Even so, there are actually several grounds for difficult discovery requests in civil litigation, as well as your attorneys is going to be capable to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) methods you are able to make use of the discovery course of action to gain leverage within the litigation.
Q: We took action against a former member of staff who violated confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What solutions do we’ve got available?
This can be a potentially difficult predicament, and a single that needs a swift and strategic approach. Although companies need to have to take sufficient steps to protect their proprietary details, in addition they require to become cognizant of your practical implications of suing a disgruntled former employee in today’s world 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, they are matters which can be addressed via formal legal procedures. If your company’s image is getting battered within the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a number of factors, which includes the scope of the deficiency as well as the prospective effects around the litigation. In cases of intentional failure or gross negligence, companies can face considerable sanctions; including a prospective “negative inference” primarily based upon the perceived want to keep particular information in the other celebration. Instituting and internally enforcing an proper litigation hold is often a required a part of the litigation method, and it really is anything that all companies have to do in great faith and with the guidance of skilled litigation counsel.
Q: Is it probable to pursue federal civil litigation against a firm that is certainly currently facing a federal investigation?
Yes. In fact, it really is widespread for providers 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 business, we can make it easier to seek legal treatments 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. In the latter situation, it may be of critical significance to have counsel who can represent you in each matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
An additional frequent situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within 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 obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive proof. In case your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to stop charges from getting filed.
Q: When do I ought to think about taking legal action to guard my company?
As we described earlier, should you are facing any possible business dispute with legal implications, seeking legal advice promptly is usually the most effective strategy to prevent expensive and contentious litigation down the line. Some examples of situations exactly where it will commonly 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