What exactly is Civil Litigation as well as an attorney at law servicing Adams, California to assist you to?
Civil litigation is the method where civil matters are settled in a court of law. Civil matters can be described as cases dealing with relationships between people, perhaps a marriage, or a contract dispute between businesses. 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 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 to discuss with an attorney at law about potential civil litigation?
When worried that a company dispute could eventually lead to formal legal action, it is critical that you discuss your options with federal litigation counsel. While legal action is just one way to deal with a dispute, there is certainly other less-costly alternatives available as well. The quicker you get litigation counsel included, the higher the probability you will need to find an informal solution that protects your company without the time and money of litigation. While an expert litigator will assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Adams has just been sued. What I need to find out about the civil litigation process?
If your enterprise has just been sued, the very first thing you’ll need to perform is make sure you possess a clear understanding on the deadlines that apply within your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, in case you are going to challenge specific problems together with the complaint, you could possibly will need to meet a distinct deadline with regard to these challenges too.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may perhaps potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend current records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
As well as 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 which are relevant for the litigation, and meeting your production obligation might be one of the most onerous elements in the litigation method. Nonetheless, there are actually several grounds for difficult discovery requests in civil litigation, and your attorneys might be able to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) ways you can use the discovery process to get leverage within the litigation.
Q: We took action against a former worker who breached confidentiality, and now we are facing a lawsuit as well as a public relations nightmare. What solutions do we have available?
That is a potentially difficult scenario, and a single that calls for a swift and strategic approach. Though corporations have to have to take adequate measures to guard their proprietary details, in addition they need 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 firm, these are matters that could be addressed via formal legal procedures. If your company’s image is getting 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a range of components, including the scope from the deficiency as well as the prospective effects on the litigation. In cases of intentional failure or gross negligence, corporations can face important sanctions; such as a potential “negative inference” based upon the perceived want to help keep certain info in the other party. Instituting and internally enforcing an acceptable litigation hold is a necessary part of the litigation approach, and it’s something that all companies need to do in good faith and together with the guidance of knowledgeable litigation counsel.
Q: Is it probable to pursue federal civil litigation against a enterprise that is certainly currently facing a federal investigation?
Yes. In actual fact, it can be typical 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 company, we are able to allow you to seek legal remedies in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. In the latter scenario, it may be of vital importance to possess counsel who can represent you in both matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
A further common scenario where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are usually filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. If 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 getting filed.
Q: When do I ought to consider taking legal action to guard my company?
As we described earlier, in the event you are facing any prospective small business dispute with legal implications, searching for legal tips promptly may be the most beneficial approach to keep away from pricey and contentious litigation down the line. Some examples of conditions exactly where it will usually be advisable to engage litigation counsel to conduct a case assessment involve:
- 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