Exactly what is Civil Litigation and an attorney at law serving Adelaida, California to assist you?
Civil litigation is the process where civil matters are solved in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, like a marriage, or a contract dispute between businesses. Rather than 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 for you to talk to an attorney about potential civil litigation?
Any time you are concerned that a business dispute might lead to formal legal action, it is critical that you discuss your own possible choices with federal litigation counsel. While legal action can be a way to approach a dispute, there may be other less-costly options available also. The earlier you get litigation counsel involved, the greater the opportunity you will have to find an informal solution that protects your business without the time and expense of litigation. While a knowledgeable litigator can assert your company’s rights in the courtroom, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Adelaida has just been sued. Things I need to learn about the civil litigation process?
In case your business has just been sued, the first thing you need to complete is ensure you possess a clear understanding of the deadlines that apply within your case. You 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 particular problems together with the complaint, you might have to have to meet a certain deadline with regard to these challenges also.
At this point, your organization also must initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that could potentially be discoverable within the litigation. Relevant personnel have 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 inside the ordinary course of company.
In conjunction 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 which can be relevant for the litigation, and meeting your production obligation can be probably the most onerous elements from the litigation approach. On the other hand, there are several grounds for difficult discovery requests in civil litigation, and your attorneys are going to be capable to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) ways it is possible to make use of the discovery process to gain leverage within the litigation.
Q: We took action against a former worker who violated privacy, and now we’re facing a lawsuit plus a public relations nightmare. What choices do we’ve got available?
That is a potentially challenging predicament, and one particular that calls for a swift and strategic strategy. Although providers have to have to take adequate actions to protect their proprietary info, they also require to become cognizant with 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 organization, these are matters which can be addressed by way of formal legal procedures. If your company’s image is getting battered inside 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 rely upon a range of components, which includes the scope in the deficiency along with the potential effects around the litigation. In instances of intentional failure or gross negligence, organizations can face considerable sanctions; which includes a prospective “negative inference” primarily based upon the perceived wish to keep specific info in the other party. Instituting and internally enforcing an acceptable litigation hold is usually a important a part of the litigation course of action, and it is actually something that all corporations need to do in superior faith and with all the guidance of experienced litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a enterprise which is already facing a federal investigation?
Yes. In truth, it is actually prevalent for providers 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 company, we are able to assist you 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 essential importance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially influence your government investigation (and vice versa).
A further popular situation where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and if 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 often filed by disgruntled former staff and competitors with ulterior motives, and with little (if any) substantive evidence. If your company 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 must think about taking legal action to safeguard my company?
As we talked about earlier, in the event you are facing any prospective organization dispute with legal implications, looking for legal tips promptly may be the most effective way to prevent pricey and contentious litigation down the line. Some examples of circumstances exactly where it’s going to 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