What’s Civil Litigation and an attorney servicing Adobe Meadow, California that will help?
Civil litigation is the method by which civil matters are solved 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 corporations. Rather than a case being a person versus the government, like in a criminal matter, civil cases are any person 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 for you to visit an attorney at law about potential civil litigation?
When nervous that a company dispute will swiftly lead to formal legal action, it is important that you discuss the possible choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there may be other less-costly available options as well. The sooner you get litigation counsel engaged, the greater the probability you will need to find an informal solution that protects your business without the time and money of litigation. While a seasoned 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 Adobe Meadow has just been sued. Exactly what do I need to learn about the civil litigation process?
In case your organization has just been sued, the very first thing you’ll need to complete is make sure you have a clear understanding of the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, if you’re going to challenge specific difficulties with the complaint, you could want to meet a specific deadline with regard to these challenges as well.
At this point, your firm also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that might potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend current records-management protocols – such as those that involve the deletion or overwriting of electronic files in the ordinary course of company.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also typically involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant for the litigation, and meeting your production obligation is often probably the most onerous aspects on the litigation procedure. Nevertheless, you will discover numerous grounds for challenging discovery requests in civil litigation, and your attorneys might be able to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) strategies you may use the discovery process to acquire leverage within the litigation.
Q: We took action against a former member of staff who violated privacy, and now we’re facing a lawsuit and a public relations nightmare. What possibilities do we’ve got available?
This can be a potentially challenging scenario, and one particular that needs a swift and strategic approach. Although organizations will need to take adequate actions to protect their proprietary information, in addition they require to be cognizant on the sensible implications of suing a disgruntled former employee in today’s planet 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 firm, these are matters which can be addressed through formal legal procedures. In case your company’s image is getting battered within 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 aspects, including the scope on the deficiency and the possible effects around the litigation. In cases of intentional failure or gross negligence, firms can face significant sanctions; which includes a prospective “negative inference” primarily based upon the perceived wish to help keep certain facts in the other party. Instituting and internally enforcing an proper litigation hold is really a required part of the litigation process, and it is anything that all businesses should do in good faith and using the guidance of skilled litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a company that’s already facing a federal investigation?
Yes. The truth is, it is common for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your company, we are able to enable you to seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Within the latter situation, it may be of vital significance to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially effect your government investigation (and vice versa).
One more prevalent scenario exactly where private action can result in 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 when 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 generally filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to stop charges from getting filed.
Q: When do I need to consider taking legal action to safeguard my company?
As we talked about earlier, for those who are facing any prospective enterprise dispute with legal implications, seeking legal tips promptly might be the ideal method to keep away from pricey and contentious litigation down the line. Some examples of scenarios where it is going to frequently 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