What exactly is Civil Litigation as well as an attorney at law serving Andrus Island, California that will help?
Civil litigation is the process in which civil matters are settled in a courtroom. Civil matters can be defined as circumstances dealing with relationships between people, say for example a marriage, or a contract dispute between companies. 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 another individual 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 speak with an attorney about potential civil litigation?
When anxious that a company dispute will swiftly lead to formal legal action, it is crucial that you talk about your own possible choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there might be other less-costly alternatives as well. The quicker you get litigation counsel included, the greater the likelihood you will have to find an informal solution that protects your business without the time and expense of litigation. While a professional litigator will assert your company’s rights in the court, he or she should also be able to assist you explore alternatives that actually do not involve setting course for trial.
Q: My business in Andrus Island has just been sued. What / things I need to know about the civil litigation process?
If your company has just been sued, the first thing you may need to complete is ensure you possess a clear understanding in the deadlines that apply within your case. You need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you’re going to challenge particular difficulties with the complaint, you may need to have to meet a precise deadline with regard to these challenges as well.
At this point, your corporation also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend present records-management protocols – which includes these that involve the deletion or overwriting of electronic files inside the ordinary course of company.
As well as pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant to the litigation, and meeting your production obligation might be just about the most onerous aspects in the litigation process. However, there are various grounds for challenging discovery requests in civil litigation, and your attorneys are going to be in a position to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) approaches you’ll be able to use the discovery course of action to get leverage in the litigation.
Q: We took action against a previous employee who breached privacy, and now we’re facing a lawsuit along with a public relations nightmare. What possibilities do we have available?
That is a potentially challenging circumstance, and a single that needs a swift and strategic approach. While companies have to have to take sufficient methods to guard their proprietary info, additionally they require to become cognizant on the sensible 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 organization, these are matters that can be addressed through formal legal procedures. In case 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 various elements, like the scope with the deficiency and also the possible effects around the litigation. In instances of intentional failure or gross negligence, providers can face substantial sanctions; which includes a potential “negative inference” primarily based upon the perceived desire to maintain particular details from the other party. Instituting and internally enforcing an appropriate litigation hold is a vital a part of the litigation course of action, and it is one thing that all firms ought to do in superior faith and using the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a company which is currently facing a federal investigation?
Yes. The truth is, it truly is widespread for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your business, we can assist you seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Inside the latter scenario, it might be of critical importance 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).
An additional prevalent scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within 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 acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are frequently filed by disgruntled former staff and competitors with ulterior motives, and with little (if any) substantive evidence. In case your company is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from getting filed.
Q: When do I have to think about taking legal action to defend my company?
As we pointed out earlier, for those who are facing any possible small business dispute with legal implications, looking for legal assistance promptly is often the most beneficial way to stay clear of costly and contentious litigation down the line. Some examples of conditions exactly where it can generally be advisable to engage litigation counsel to conduct a case assessment contain:
- 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