What is Civil Litigation as well as an attorney servicing Allen, California that will help you?
Civil litigation is the procedure by which civil matters are settled in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, like a criminal matter, civil cases are an individual or business filing suit against another individual or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Answers to Frequently-Asked Basic Questions (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 worried that a business dispute may ultimately lead to formal legal action, it is critical that you talk about your own choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there is certainly other less-costly available choices too. The sooner you get litigation counsel engaged, the higher the chance you’ll have to find an informal solution that protects your business without the time and money of litigation. While a highly skilled litigator can assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Allen has just been sued. Exactly what do I need to know about the civil litigation process?
In case your business enterprise has just been sued, the first thing you’ll need to perform is be sure you have a clear understanding of your deadlines that apply inside your case. You’ll need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, for anyone who is going to challenge specific difficulties together with the complaint, you could want to meet a precise deadline with regard to these challenges at the same time.
At this point, your business also needs to initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend existing records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of company.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also typically involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant towards the litigation, and meeting your production obligation can be one of the most onerous aspects from the litigation procedure. Even so, there are actually various grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) strategies you may use the discovery procedure to obtain leverage in the litigation.
Q: We took action against a former member of staff who violated privacy, and now we are facing a lawsuit in addition to a public relations nightmare. What possibilities do we have available?
This can be a potentially difficult circumstance, and one that demands a swift and strategic approach. Whilst firms will need to take adequate actions to shield their proprietary data, they also need to become cognizant of 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 business, they are matters that could be addressed by way of formal legal procedures. If your company’s image is getting battered inside the public arena, we are able to hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a range of elements, including the scope from the deficiency and the possible effects on the litigation. In cases of intentional failure or gross negligence, businesses can face important sanctions; which includes a possible “negative inference” primarily based upon the perceived wish to keep specific information and facts from the other celebration. Instituting and internally enforcing an suitable litigation hold can be a important part of the litigation course of action, and it can be a thing that all companies have to do in very good faith and together with the guidance of seasoned litigation counsel.
Q: Is it doable to pursue federal civil litigation against a business which is currently facing a federal investigation?
Yes. In reality, it is prevalent for corporations 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 help you seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. Within the latter scenario, it may be of vital significance to possess counsel who can represent you in each matters, as choices you make inside your civil case can potentially influence your government investigation (and vice versa).
An additional common scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to get 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 small (if any) substantive proof. In case your organization 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 being filed.
Q: When do I need to take into account taking legal action to safeguard my company?
As we talked about earlier, if you are facing any potential business enterprise dispute with legal implications, in search of legal guidance promptly might be the top strategy to steer clear of costly and contentious litigation down the line. Some examples of circumstances exactly where it is going to typically be advisable to engage litigation counsel to conduct a case assessment include:
- 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