What is Civil Litigation and an attorney serving Allegro Heights, California to assist you?
Civil litigation is the method in which civil matters are resolved in a courtroom. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, as with a criminal matter, civil cases are a 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 Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to talk to an attorney at law about potential civil litigation?
When concerned that a business dispute might lead to formal legal action, it is important that you discuss your own possible choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there could be other less-costly alternatives available also. The quicker you get litigation counsel involved, the greater the potential you’ll need to find an informal solution that protects your business without the time and expense of litigation. While a highly trained litigator will assert your company’s rights in 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 Allegro Heights has just been sued. Just what do I need to know about the civil litigation process?
In case your enterprise 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 within your case. You will need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, when you are going to challenge particular concerns together with the complaint, you may have 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 process of preserving hardcopy and electronic records that may perhaps potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be necessary to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation may be just about the most onerous aspects in the litigation course of action. On the other hand, you can find numerous grounds for challenging discovery requests in civil litigation, and your attorneys are going to be able to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) strategies it is possible to make use of the discovery approach to get leverage inside the litigation.
Q: We took action against a previous employee who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What choices do we’ve got available?
This can be a potentially challenging situation, and 1 that calls for a swift and strategic strategy. While providers require to take sufficient methods to safeguard their proprietary data, in addition they will need to be cognizant on 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, these are matters that can be addressed via formal legal procedures. If your company’s image is being battered in 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 depend upon several different aspects, including the scope from the deficiency and the potential effects on the litigation. In situations of intentional failure or gross negligence, organizations can face considerable sanctions; which includes a possible “negative inference” primarily based upon the perceived wish to keep specific data in the other celebration. Instituting and internally enforcing an suitable litigation hold is usually a needed a part of the litigation procedure, and it is actually something that all providers ought to do in excellent faith and using the guidance of knowledgeable litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a firm that is definitely already facing a federal investigation?
Yes. The truth is, it truly is common for businesses that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your enterprise, we can enable you to seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. Within the latter scenario, it may be of essential value 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).
Another popular situation where private action can cause 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 when the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are usually filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive evidence. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from getting filed.
Q: When do I should look at taking legal action to protect my company?
As we mentioned earlier, should you are facing any potential business dispute with legal implications, in search of legal assistance promptly can be the most effective approach to keep away from costly and contentious litigation down the line. Some examples of conditions where it’ll frequently 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