Just what is Civil Litigation as well as an attorney serving Adela, California that may help you?
Civil litigation is the process where civil matters are resolved in a courtroom. Civil matters can be described as cases dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, as with 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney about potential civil litigation?
When nervous that a business dispute may ultimately lead to formal legal action, it is essential that you talk about the possible choices with federal litigation counsel. While a lawsuit is just one way to deal with a dispute, there can be other less-costly solutions as well. The sooner you get litigation counsel included, the better 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 will be able to assert your company’s rights in the courtroom, he or she should also be able to help you out explore alternatives that do not involve setting course for trial.
Q: My business in Adela has just been sued. Exactly 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 complete is make sure you have a clear understanding on the deadlines that apply within your case. You need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, for anyone who is going to challenge particular issues using the complaint, you might will need to meet a certain deadline with regard to these challenges too.
At this point, your corporation also must initiate a “litigation hold.” This can be a systematic course of action 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 existing records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also generally 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 probably the most onerous aspects of the litigation process. However, there are a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) techniques you are able to make use of the discovery course of action to obtain leverage within the litigation.
Q: We took action against a previous worker who violated privacy, and now we are facing a lawsuit plus a public relations nightmare. What options do we’ve got available?
This is a potentially difficult predicament, and a single that needs a swift and strategic strategy. When corporations want to take sufficient methods to safeguard their proprietary facts, additionally they need to have to become cognizant from 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 corporation, these are matters that could be addressed by means of formal legal procedures. If your company’s image is being battered in 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 range of factors, such as the scope of the deficiency along with the possible effects around the litigation. In circumstances of intentional failure or gross negligence, organizations can face important sanctions; like a prospective “negative inference” primarily based upon the perceived wish to help keep specific information and facts from the other celebration. Instituting and internally enforcing an acceptable litigation hold is usually a required part of the litigation approach, and it’s one thing that all providers must do in very good faith and with all the guidance of knowledgeable litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a enterprise that is definitely currently facing a federal investigation?
Yes. In fact, it really is common for firms 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 assist you seek legal remedies in court. Conversely, if you’re facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. In the latter situation, it may be of important importance to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
Yet another prevalent situation exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made 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 receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are normally filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.
Q: When do I need to consider taking legal action to guard my company?
As we mentioned earlier, for those who are facing any prospective company dispute with legal implications, looking for legal tips promptly is usually the ideal method to avoid expensive and contentious litigation down the line. Some examples of scenarios where it is going to typically be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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