Specifically what is Civil Litigation and an attorney at law serving Adin, California that can assist you?
Civil litigation is the procedure through which civil matters are solved in a court of law. Civil matters can be defined as cases dealing with relationships between people, for example 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 somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Answers to Frequently-Asked Questions (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 will lead to formal legal action, it is critical that you talk about the choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there may be other less-costly alternatives too. The earlier you get litigation counsel included, the greater the likelihood 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 assert your company’s rights in the courtroom, 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. Exactly what do I need to find out about the civil litigation process?
In case your company has just been sued, the first thing you will need to perform is be sure to possess a clear understanding with the deadlines that apply in your case. You need to respond to the plaintiff’s complaint within the timeframe specified below the applicable court guidelines (state or federal); and, if you’re going to challenge particular problems with all the complaint, you might will need to meet a distinct deadline with regard to these challenges too.
At this point, your enterprise also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files in the ordinary course of organization.
Together with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also often 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 might be just about the most onerous elements with the litigation method. Having said that, there are different grounds for difficult discovery requests in civil litigation, and your attorneys is going to be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) approaches you’ll be able to use the discovery course of action to achieve leverage inside the litigation.
Q: We took action against a former employee who violated privacy, and now we’re facing a lawsuit and also a public relations nightmare. What selections do we’ve got available?
That is a potentially challenging predicament, and one that calls for a swift and strategic method. Whilst providers will need to take sufficient methods to protect their proprietary information, in addition they have to have to be cognizant in 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 via formal legal procedures. If your company’s image is becoming battered in the public arena, we are able to hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a range of variables, like the scope with the deficiency and also the possible effects around the litigation. In cases of intentional failure or gross negligence, corporations can face considerable sanctions; including a potential “negative inference” based upon the perceived wish to help keep certain information and facts in the other party. Instituting and internally enforcing an acceptable litigation hold is actually a essential part of the litigation approach, and it can be one thing that all providers really need to do in great faith and with the guidance of skilled litigation counsel.
Q: Is it probable to pursue federal civil litigation against a organization that may be already facing a federal investigation?
Yes. The truth is, it can be prevalent 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 business, we can assist you to seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. Inside the latter situation, it may be of critical value to have counsel who can represent you in each matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).
One more popular scenario 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 in the event the government decides to pursue legal action, the relator is entitled to receive 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 small (if any) substantive evidence. If your firm 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 being filed.
Q: When do I have to consider taking legal action to safeguard my company?
As we talked about earlier, should you are facing any potential organization dispute with legal implications, looking for legal suggestions promptly could be the very best strategy to prevent expensive and contentious litigation down the line. Some examples of situations exactly where it’ll typically be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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