What is Civil Litigation as well as an attorney servicing Andesite, California that will help you?
Civil litigation is the process wherein civil matters are settled in a courtroom. Civil matters can be defined as scenarios dealing with relationships between people, say for example a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, as in a criminal matter, civil cases are a person or company filing suit against somebody else 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 speak with an attorney at law about potential civil litigation?
Any time you are nervous that a company dispute could eventually lead to formal legal action, it is critical that you talk about your own choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there are other less-costly options available too. The sooner you get litigation counsel engaged, the greater the chance you will need to find an informal solution that protects your business 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 help you explore alternatives that actually do not involve setting course for trial.
Q: My business in Andesite has just been sued. What / things I need to understand about the civil litigation process?
In case your company has just been sued, the first thing you will need to complete is be sure you have a clear understanding on the deadlines that apply within your case. You will need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, in case you are going to challenge particular issues using the complaint, you may have to have to meet a precise deadline with regard to these challenges as well.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may possibly 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 – like these that involve the deletion or overwriting of electronic files within the ordinary course of small business.
Together with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant towards the litigation, and meeting your production obligation is often just about the most onerous aspects from the litigation course of action. Nevertheless, you will discover several grounds for challenging discovery requests in civil litigation, as well as your attorneys will be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) ways you’ll be able to use the discovery approach to acquire leverage in the litigation.
Q: We took action against a former worker who violated confidentiality, and now we are facing a lawsuit and a public relations nightmare. What selections do we have available?
This is a potentially difficult situation, and 1 that calls for a swift and strategic method. Although organizations need to have to take adequate measures to safeguard their proprietary details, additionally they require to be cognizant in the sensible 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 organization, these are matters that may be addressed by way of formal legal procedures. In case 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon various things, which includes the scope of the deficiency and also the potential effects on the litigation. In circumstances of intentional failure or gross negligence, businesses can face substantial sanctions; such as a potential “negative inference” primarily based upon the perceived need to help keep specific information and facts in the other celebration. Instituting and internally enforcing an acceptable litigation hold is a necessary a part of the litigation method, and it truly is anything that all corporations need to do in fantastic faith and together with the guidance of knowledgeable litigation counsel.
Q: Is it probable to pursue federal civil litigation against a corporation that is definitely already facing a federal investigation?
Yes. The truth is, it is actually typical for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your business, we can allow you to seek legal remedies in court. Conversely, for anyone who is facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it may be of critical importance to have counsel who can represent you in each matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
A further typical situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.
Q: When do I need to think about taking legal action to safeguard my company?
As we talked about earlier, if you are facing any prospective small business dispute with legal implications, seeking legal assistance promptly could be the most effective technique to steer clear of costly and contentious litigation down the line. Some examples of scenarios where it’ll usually 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