Just what is Civil Litigation as well as an attorney servicing Andersonia, California that may help you?
Civil litigation is the process wherein civil matters are solved in a court of law. Civil matters can be defined as cases dealing with relationships between people, for instance a marriage, or a contract dispute between firms. Instead of 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
Answers to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to contact an attorney at law about potential civil litigation?
Any time you are troubled that a business dispute will swiftly lead to formal legal action, it is essential that you discuss your own choices with federal litigation counsel. While a lawsuit can be a way to approach a dispute, there could be other less-costly solutions as well. The earlier you get litigation counsel engaged, the higher the chance you will have to find an informal solution that protects your company without the time and expense of litigation. While a professional litigator will be able to assert your company’s rights in court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Andersonia has just been sued. Exactly what do I need to know about the civil litigation process?
If your company has just been sued, the very first thing you’ll need to do is be sure to possess a clear understanding from the deadlines that apply in your case. You need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, if you’re going to challenge specific troubles with all the complaint, you could possibly need to meet a certain deadline with regard to these challenges as well.
At this point, your company also needs to initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may possibly potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend present records-management protocols – which includes these that involve the deletion or overwriting of electronic files in the ordinary course of business.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated company disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation is often just about the most onerous elements on the litigation procedure. On the other hand, you’ll find numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys are going to be in a position to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) approaches you can make use of the discovery method to achieve leverage within the litigation.
Q: We took action against a former worker who violated privacy, and now we are facing a lawsuit plus a public relations nightmare. What alternatives do we’ve got available?
That is a potentially difficult circumstance, and 1 that calls for a swift and strategic strategy. Whilst firms need to take sufficient actions to shield their proprietary info, they also need 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 enterprise, 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 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 components, which includes the scope on the deficiency and also the possible effects on the litigation. In cases of intentional failure or gross negligence, corporations can face significant sanctions; like a prospective “negative inference” based upon the perceived wish to keep particular facts in the other celebration. Instituting and internally enforcing an acceptable litigation hold is usually a needed part of the litigation process, and it’s a thing that all businesses ought to do in superior faith and with all the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a firm that’s already facing a federal investigation?
Yes. In truth, it is widespread for businesses 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 enable you to seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Inside the latter situation, it might be of crucial value to possess counsel who can represent you in both matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).
Another common scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your company is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from getting filed.
Q: When do I really need to take into account taking legal action to guard my company?
As we mentioned earlier, for those who are facing any prospective business enterprise dispute with legal implications, in search of legal assistance promptly may be the ideal approach to avoid costly and contentious litigation down the line. Some examples of scenarios exactly where it can frequently 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