Exactly what is Civil Litigation and an attorney servicing Alicia, California to assist you?
Civil litigation is the method in which civil matters are settled in a courtroom. Civil matters can be described as situations dealing with relationships between people, such as 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 any person or company filing suit against another individual or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney at law about potential civil litigation?
When anxious that a business dispute will lead to formal legal action, it is essential that you discuss your possible choices with federal litigation counsel. While a lawsuit is just one way to address a dispute, there is certainly other less-costly alternatives also. The sooner you get litigation counsel involved, the higher the probability you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a skilled litigator will be able to assert your company’s rights in the court, he or she should also be able to assist you explore alternatives that actually do not involve setting course for trial.
Q: My business in Alicia has just been sued. What I need to know about the civil litigation process?
If your organization has just been sued, the first thing you’ll need to do is be sure to have a clear understanding from the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, in case you are going to challenge specific troubles with the complaint, you might want to meet a distinct deadline with regard to these challenges at the same time.
At this point, your company also must initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be necessary to suspend present records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex business disputes also normally 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 to the litigation, and meeting your production obligation could be just about the most onerous aspects with the litigation approach. Nonetheless, you will find different grounds for challenging 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) ways you can use the discovery process to obtain leverage within the litigation.
Q: We took action against a former member of staff who breached confidentiality, and now we are facing a lawsuit and also a public relations nightmare. What selections do we have available?
This really is a potentially difficult circumstance, and one particular that requires a swift and strategic strategy. Even though corporations require to take adequate actions to shield their proprietary info, in addition they need to have to become cognizant in 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 through 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a number of things, such as the scope of the deficiency along with the possible effects around the litigation. In cases of intentional failure or gross negligence, organizations can face significant sanctions; such as a potential “negative inference” primarily based upon the perceived want to help keep specific data from the other celebration. Instituting and internally enforcing an suitable litigation hold is usually a essential a part of the litigation approach, and it’s one thing that all companies ought to do in good faith and with the guidance of seasoned litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a corporation that is certainly currently facing a federal investigation?
Yes. In actual fact, it is actually common for companies 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 help you seek legal treatments in court. Conversely, if you are facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. In the latter scenario, it may be of essential importance to possess counsel who can represent you in both matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).
An additional typical scenario where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations produced by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive evidence. In case your business is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I have to think about taking legal action to shield my company?
As we talked about earlier, in the event you are facing any prospective business dispute with legal implications, in search of legal assistance promptly could be the top technique to stay away from expensive and contentious litigation down the line. Some examples of circumstances exactly where it will commonly be advisable to engage litigation counsel to conduct a case assessment include:
- 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