So what’s Civil Litigation as well as an attorney serving Adela, California that will help?
Civil litigation is the process where civil matters are solved in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, for example a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as in a criminal matter, civil cases are any person or business filing suit against another individual or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Answers to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak with an attorney about potential civil litigation?
Any time you are troubled that a business dispute will lead to formal legal action, it is critical that you discuss your own possible choices with federal litigation counsel. While a lawsuit can be a way to deal with a dispute, there are other less-costly available choices as well. The quicker you get litigation counsel engaged, the better the potential you’ll need to find an informal solution that protects your company without the time and expense 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 Adela has just been sued. Things I need to find out about the civil litigation process?
In case your enterprise has just been sued, the very first thing you may need to perform is be sure you possess a clear understanding from the deadlines that apply within your case. You need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you are going to challenge particular difficulties with the complaint, you could possibly want to meet a particular deadline with regard to these challenges also.
At this point, your organization also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may perhaps potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend current records-management protocols – including those that involve the deletion or overwriting of electronic files inside the ordinary course of company.
Together with pre-trial motions, hearings, and settlement negotiations, complex business disputes also usually involve voluminous electronic discovery. Each 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 may be just about the most onerous aspects on the litigation procedure. Nevertheless, there are actually different grounds for challenging discovery requests in civil litigation, and your attorneys might be in a position to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) approaches you’ll be able to use the discovery procedure to obtain leverage inside the litigation.
Q: We took action against a former employee who violated confidentiality, and now we are facing a lawsuit along with a public relations nightmare. What choices do we’ve got available?
This really is a potentially difficult circumstance, and one particular that calls for a swift and strategic method. Whilst providers require to take sufficient measures to guard their proprietary facts, additionally they want to become cognizant in the 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 firm, these are matters that could be addressed through formal legal procedures. If your company’s image is becoming 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 several different factors, including the scope of your deficiency as well as the possible effects around the litigation. In circumstances of intentional failure or gross negligence, companies can face significant sanctions; such as a potential “negative inference” based upon the perceived desire to keep certain information and facts in 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 corporations must do in good faith and using the guidance of seasoned litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a company that is certainly already facing a federal investigation?
Yes. In reality, it is prevalent for organizations 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 can enable you 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 both proceedings. In the latter situation, it might be of vital significance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).
Another prevalent scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are usually filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. In case your business is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from becoming filed.
Q: When do I really need to consider taking legal action to defend my company?
As we pointed out earlier, when you are facing any possible organization dispute with legal implications, in search of legal tips promptly might be the ideal way to prevent costly and contentious litigation down the line. Some examples of situations where it will commonly 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