Just what is Civil Litigation as well as an attorney at law serving Adobe Corner, California to help you out?
Civil litigation is the process wherein civil matters are fixed in a court of law. Civil matters can be defined as situations dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, like a criminal matter, civil cases are an individual 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
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to talk with an attorney at law about potential civil litigation?
Any time you are troubled that a company dispute may ultimately lead to formal legal action, it is essential that you discuss your options with federal litigation counsel. While a lawsuit is just one way to deal with a dispute, there are other less-costly alternatives too. The quicker you get litigation counsel included, the better the probability you will need to find an informal solution that protects your company without the time and money of litigation. While a knowledgeable litigator will assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that do not involve setting course for trial.
Q: My business in Adobe Corner has just been sued. Exactly 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 may need to complete is make sure you have a clear understanding on the deadlines that apply in your case. You will need to respond towards the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you are going to challenge certain concerns with all the complaint, you could need to meet a precise deadline with regard to these challenges at the same time.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may well potentially be discoverable within the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend existing records-management protocols – such as these that involve the deletion or overwriting of electronic files within the ordinary course of organization.
As well as pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation might be probably the most onerous elements in the litigation method. Nevertheless, there are actually different grounds for difficult discovery requests in civil litigation, as well as your attorneys will likely be in a position to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) strategies you are able to make use of the discovery course of action to obtain leverage inside the litigation.
Q: We took action against a former employee who violated confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What selections do we’ve got available?
This can be a potentially challenging circumstance, and one that calls for a swift and strategic strategy. Though firms want to take adequate steps to safeguard their proprietary details, they also need to be cognizant from 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 which will be addressed via formal legal procedures. In case 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon many different aspects, including the scope on the deficiency along with the potential effects on the litigation. In cases of intentional failure or gross negligence, organizations can face significant sanctions; like a potential “negative inference” based upon the perceived desire to keep specific data from the other celebration. Instituting and internally enforcing an appropriate litigation hold is usually a important part of the litigation procedure, and it really is something that all organizations should do in great faith and with the guidance of experienced litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a organization that is currently facing a federal investigation?
Yes. In reality, it’s common for organizations 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 company, we can enable you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it might be of important significance to have counsel who can represent you in each matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
A further common situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (known 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 typically filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive evidence. If your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from being filed.
Q: When do I need to think about taking legal action to defend my company?
As we talked about earlier, should you are facing any potential business dispute with legal implications, looking for legal tips promptly is often the ideal strategy to steer clear of costly and contentious litigation down the line. Some examples of conditions where it can usually be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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