So what’s Civil Litigation and an attorney serving Adin, California that will help?
Civil litigation is the method wherein civil matters are solved in a courtroom. Civil matters can be described as situations dealing with relationships between people, say for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like 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
Answers to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to discuss with an attorney about potential civil litigation?
Any time you are nervous that a company dispute might lead to formal legal action, it is vital that you talk about your own possible choices with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there might be other less-costly solutions also. The sooner you get litigation counsel included, the greater the likelihood you will have to find an informal solution that protects your company without the time and expense of litigation. While an experienced litigator will be able to assert your company’s rights in the court, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.
Q: My business in Adin has just been sued. Just what do I need to learn about the civil litigation process?
In case your small business has just been sued, the very first thing you’ll need to complete is make sure you possess a clear understanding from the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, when you are going to challenge particular problems using the complaint, you could require to meet a certain deadline with regard to these challenges as well.
At this point, your firm also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend current records-management protocols – including these that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
In addition to pre-trial motions, hearings, and settlement negotiations, complex business disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant for the litigation, and meeting your production obligation might be just about the most onerous elements of the litigation approach. Nevertheless, there are actually several grounds for challenging discovery requests in civil litigation, as well as your attorneys will be in a position to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) ways it is possible to make use of the discovery course of action to acquire leverage within the litigation.
Q: We took action against a former employee who violated privacy, and now we are facing a lawsuit and also a public relations nightmare. What alternatives do we’ve got available?
This is a potentially difficult situation, and one particular that needs a swift and strategic method. Whilst corporations need to have to take sufficient methods to defend their proprietary details, in addition they need to be cognizant in the 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 company, these are matters that could be addressed by way of formal legal procedures. If your company’s image is being battered within 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 several different things, which includes the scope in the deficiency and the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, providers can face important sanctions; such as a potential “negative inference” primarily based upon the perceived want to keep certain details in the other celebration. Instituting and internally enforcing an acceptable litigation hold is really a essential a part of the litigation course of action, and it truly is some thing that all companies should do in very good faith and together with the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a company that is already facing a federal investigation?
Yes. Actually, it truly is prevalent for firms 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 are able to assist you seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Within the latter situation, it might be of crucial significance to have 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 different widespread situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known 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 frequently filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive evidence. If your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from becoming filed.
Q: When do I ought to take into consideration taking legal action to protect my company?
As we mentioned earlier, for those who are facing any prospective enterprise dispute with legal implications, seeking legal suggestions promptly could be the best technique to steer clear of pricey and contentious litigation down the line. Some examples of circumstances where it’ll 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