What exactly is Civil Litigation as well as an attorney at law servicing Adams Point, California to assist you to?
Civil litigation is the procedure wherein civil matters are resolved in a court of law. Civil matters can be described as cases dealing with relationships between people, such as a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, such as a criminal matter, civil cases are an individual 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
Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to talk with an attorney about potential civil litigation?
When concerned that a business dispute might lead to formal legal action, it is vital that you talk about the options with federal litigation counsel. While a lawsuit can be a way to address a dispute, there is certainly other less-costly available choices also. The earlier you get litigation counsel included, the greater the likelihood you will have to find an informal solution that protects your company without the time and money of litigation. While a highly trained litigator will assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Adams Point has just been sued. Just what do I need to know about the civil litigation process?
In case your business enterprise has just been sued, the very first thing you need to perform is be sure you possess a clear understanding of your deadlines that apply within your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, in case you are going to challenge specific issues using the complaint, you might have to have to meet a certain deadline with regard to these challenges also.
At this point, your corporation also must 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 has to be advised accordingly, and it may also be essential to suspend present records-management protocols – including these that involve the deletion or overwriting of electronic files in the ordinary course of enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant for the litigation, and meeting your production obligation can be probably the most onerous aspects in the litigation method. Having said that, there are actually a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys are going to be in a position to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) approaches you could make use of the discovery process to acquire leverage within the litigation.
Q: We took action against a former employee who violated privacy, and now we’re facing a lawsuit and also a public relations nightmare. What choices do we’ve got available?
That is a potentially challenging scenario, and one that demands a swift and strategic method. Even though corporations want to take adequate methods to safeguard their proprietary information, additionally they want to become 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 business, these are matters that could be addressed via formal legal procedures. If 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 depend upon many different things, such as the scope from the deficiency plus the possible effects around the litigation. In situations of intentional failure or gross negligence, organizations can face significant sanctions; which includes a possible “negative inference” primarily based upon the perceived want to maintain particular information and facts in the other party. Instituting and internally enforcing an acceptable litigation hold is a important part of the litigation process, and it is some thing that all companies ought to do in superior faith and using the guidance of seasoned litigation counsel.
Q: Is it possible to pursue federal civil litigation against a enterprise that is currently facing a federal investigation?
Yes. In truth, it is actually frequent 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 are able to enable you to seek legal remedies in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. Inside the latter situation, it may be of vital significance to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).
An additional widespread scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and if 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 usually filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your company is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I really need to think about taking legal action to protect my company?
As we talked about earlier, when you are facing any prospective business enterprise dispute with legal implications, in search of legal tips promptly could be the top strategy to avoid pricey and contentious litigation down the line. Some examples of circumstances exactly where it can generally be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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