Specifically what is Civil Litigation and an attorney at law servicing Adams, California that will help?
Civil litigation is the method by which civil matters are resolved in a court of law. Civil matters can be described as cases dealing with relationships between people, for instance a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, like in a criminal matter, civil cases are a 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 contact an attorney about potential civil litigation?
Any time you are concerned that a business dispute will lead to formal legal action, it is essential that you talk about your own possible choices with federal litigation counsel. While legal action can be a way to deal with a dispute, there could be other less-costly solutions as well. The earlier you get litigation counsel involved, the better the potential you will have to find an informal solution that protects your company without the time and money of litigation. While a highly trained litigator can 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 Adams has just been sued. Just what do I need to find out about the civil litigation process?
If your enterprise has just been sued, the very first thing you may need to complete is ensure you have a clear understanding of the deadlines that apply inside your case. You need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, in case you are going to challenge specific troubles with the complaint, you might need to have to meet a precise deadline with regard to these challenges too.
At this point, your business also must initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may perhaps potentially be discoverable within the litigation. Relevant personnel must be advised accordingly, and it might also be necessary to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files in the ordinary course of enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also normally involve voluminous electronic discovery. Each 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 on the litigation procedure. However, you can find numerous grounds for difficult discovery requests in civil litigation, and your attorneys will be capable to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) techniques you’ll be able to use the discovery approach to acquire leverage inside the litigation.
Q: We took action against a former employee who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What options do we’ve got available?
This is a potentially difficult circumstance, and 1 that calls for a swift and strategic approach. Although companies need to take sufficient measures to protect their proprietary data, in addition they want to be cognizant of your 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 business, they are matters which will be addressed by way of formal legal procedures. In case 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 variety of elements, which includes the scope in the deficiency along with the prospective effects around the litigation. In cases of intentional failure or gross negligence, companies can face important sanctions; like a possible “negative inference” based upon the perceived desire to maintain specific information from the other party. Instituting and internally enforcing an appropriate litigation hold is a essential part of the litigation process, and it’s something that all providers ought to do in superior faith and together with the guidance of experienced litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a business that’s already facing a federal investigation?
Yes. Actually, it’s typical for businesses 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 enterprise, we are able to allow you to seek legal treatments 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. Inside the latter situation, it might be of important significance to possess counsel who can represent you in each matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).
Yet another prevalent situation where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (known 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 monetary penalties the government collects. Qui tam actions are generally filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. In case your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to prevent charges from getting filed.
Q: When do I need to contemplate taking legal action to protect my company?
As we mentioned earlier, if you are facing any potential business enterprise dispute with legal implications, seeking legal tips promptly could be the most effective strategy to steer clear of expensive and contentious litigation down the line. Some examples of scenarios where it’ll frequently 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