Just what is Civil Litigation and an attorney servicing Alamitos, California that may help you?
Civil litigation is the method wherein civil matters are solved in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, such as a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as in a criminal matter, civil cases are any 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney about potential civil litigation?
When concerned that a company dispute may ultimately lead to formal legal action, it is crucial that you discuss the options with federal litigation counsel. While legal action is just one way to address a dispute, there may be other less-costly alternatives available too. The sooner you get litigation counsel included, the better the chance you’ll have to find an informal solution that protects your company without the time and money of litigation. While a highly trained litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Alamitos has just been sued. What / things I need to know about the civil litigation process?
In case your business enterprise has just been sued, the first thing you need to perform is be sure you possess a clear understanding on the deadlines that apply inside your case. You need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, if you’re going to challenge particular issues with the complaint, you may require to meet a certain deadline with regard to these challenges at the same time.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic procedure 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 current records-management protocols – like those 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 enterprise disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant to the litigation, and meeting your production obligation could be probably the most onerous aspects on the litigation course of action. Nonetheless, you will discover many grounds for challenging discovery requests in civil litigation, and your attorneys will likely be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) ways you are able to make use of the discovery process to achieve leverage inside the litigation.
Q: We took action against a former worker who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What options do we have available?
That is a potentially difficult situation, and one that requires a swift and strategic strategy. When providers have to have to take adequate steps to guard their proprietary information and facts, additionally they want to be cognizant from the sensible implications of suing a disgruntled former employee in today’s globe 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 company, these are matters that will be addressed through formal legal procedures. If your company’s image is being battered within 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 rely upon several different variables, like the scope with the deficiency and also the prospective effects around the litigation. In situations of intentional failure or gross negligence, businesses can face considerable sanctions; like a potential “negative inference” based upon the perceived want to maintain certain information and facts in the other celebration. Instituting and internally enforcing an acceptable litigation hold is a important part of the litigation method, and it really is something that all organizations should do in great faith and with all the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a business that is definitely already facing a federal investigation?
Yes. The truth is, it’s frequent for firms 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 help you seek legal remedies in court. Conversely, for anyone who is 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 might be of critical value to possess counsel who can represent you in both matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).
A further frequent scenario where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are often filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive evidence. If your company is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from being filed.
Q: When do I need to contemplate taking legal action to guard my company?
As we mentioned earlier, in case you are facing any possible company dispute with legal implications, in search of legal advice promptly is often the top solution to steer clear of expensive and contentious litigation down the line. Some examples of conditions where it is going to usually be advisable to engage litigation counsel to conduct a case assessment include things like:
- 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