So what’s Civil Litigation and an attorney at law servicing Alico, California to help you out?
Civil litigation is the process in which civil matters are fixed in a courtroom. Civil matters can be defined as circumstances dealing with relationships between people, for example 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 a 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
Answers to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney about potential civil litigation?
Any time you are worried that a business dispute could eventually lead to formal legal action, it is essential that you talk about your options with federal litigation counsel. While legal action is certainly one way to approach a dispute, there can be other less-costly available options too. The earlier you get litigation counsel engaged, the higher the opportunity you will need to find an informal solution that protects your business without the time and expense of litigation. While an expert litigator can assert your company’s rights in the court, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.
Q: My business in Alico has just been sued. What / things I need to find out about the civil litigation process?
In case your company has just been sued, the very first thing you need to accomplish is ensure you possess a clear understanding on the deadlines that apply in your case. You will need to respond towards the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, if you’re going to challenge specific challenges using the complaint, you might want to meet a specific deadline with regard to these challenges as well.
At this point, your firm also needs to initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may well potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend current records-management protocols – like those that involve the deletion or overwriting of electronic files inside the ordinary course of small business.
Along with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also frequently involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation is often probably the most onerous aspects in the litigation procedure. Even so, you can find numerous grounds for challenging discovery requests in civil litigation, and your attorneys will be in a position to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) methods you can make use of the discovery method to acquire leverage in the litigation.
Q: We took action against a former worker who breached confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What choices do we’ve got available?
That is a potentially challenging predicament, and one that calls for a swift and strategic approach. Although companies need to take adequate steps to shield their proprietary facts, they also have to have to be cognizant in 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 company, they are matters that may be addressed by way of formal legal procedures. If your company’s image is becoming battered inside the public arena, we are able to 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 depend upon many different variables, which includes the scope from the deficiency and the prospective effects on the litigation. In instances of intentional failure or gross negligence, providers can face important sanctions; including a potential “negative inference” primarily based upon the perceived need to help keep particular info from the other party. Instituting and internally enforcing an appropriate litigation hold can be a essential part of the litigation approach, and it can be some thing that all businesses must do in good faith and together with the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a firm that’s already facing a federal investigation?
Yes. In fact, it can be frequent for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If yet another company’s illegal conduct has harmed your business, we are able to enable you to seek legal remedies in court. Conversely, when you are facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Within the latter situation, it might be of important value to possess counsel who can represent you in each matters, as decisions you make inside your civil case can potentially impact your government investigation (and vice versa).
A further frequent situation 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 economic penalties the government collects. Qui tam actions are usually filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive evidence. In case your organization 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 have to take into account taking legal action to guard my company?
As we mentioned earlier, in the event you are facing any possible organization dispute with legal implications, searching for legal advice promptly can be the best technique to prevent pricey and contentious litigation down the line. Some examples of conditions where it’ll normally be advisable to engage litigation counsel to conduct a case assessment include:
- 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