What’s Civil Litigation as well as an attorney at law serving Andover, California that may help you?
Civil litigation is the process wherein civil matters are solved in a courtroom. Civil matters can be defined as scenarios dealing with relationships between people, such as a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, as with a criminal matter, civil cases are an individual 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
Answers to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney about potential civil litigation?
When worried that a company dispute might lead to formal legal action, it is crucial that you talk about the possible choices with federal litigation counsel. While a lawsuit can be a way to approach a dispute, there may be other less-costly available options also. The earlier you get litigation counsel included, the greater the potential you’ll need to find an informal solution that protects your business without the time and money of litigation. While a skilled litigator will 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 Andover has just been sued. Just what do I need to find out about the civil litigation process?
In case your business has just been sued, the first thing you need to complete is make sure you have a clear understanding on the deadlines that apply inside your case. You 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 particular troubles together with the complaint, you could possibly need to have to meet a specific deadline with regard to these challenges also.
At this point, your company also needs to 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 has to be advised accordingly, and it may also be essential to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of business enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complex organization disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation is often one of the most onerous aspects of the litigation procedure. Even so, you’ll find various grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be in a position to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) methods you are able to use the discovery process to acquire leverage within the litigation.
Q: We took action against a previous worker who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?
This really is a potentially challenging circumstance, and 1 that requires a swift and strategic approach. While corporations will need to take sufficient actions to protect their proprietary data, in addition they need to be cognizant with the practical 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 corporation, they are matters that could be addressed by means of formal legal procedures. If your company’s image is becoming battered inside the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What will 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 variables, such as the scope in the deficiency along with the prospective effects on the litigation. In cases of intentional failure or gross negligence, corporations can face substantial sanctions; including a potential “negative inference” based upon the perceived want to keep specific facts from the other party. Instituting and internally enforcing an suitable litigation hold is actually a required part of the litigation process, and it can be a thing that all firms must do in excellent faith and together with the guidance of experienced litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a firm that is currently facing a federal investigation?
Yes. In fact, it’s popular for organizations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your enterprise, we can make it easier to seek legal remedies 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. Within the latter situation, it might be of crucial value to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).
One more widespread scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In 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 acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are often filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive proof. If your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from getting filed.
Q: When do I need to contemplate taking legal action to safeguard my company?
As we pointed out earlier, should you are facing any possible small business dispute with legal implications, seeking legal tips promptly is often the ideal approach to avoid expensive and contentious litigation down the line. Some examples of situations exactly where it’s going to frequently 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