What’s Civil Litigation and an attorney at law serving Allendale, California that will help you?
Civil litigation is the method by which civil matters are solved in a courtroom. Civil matters can be defined as cases dealing with relationships between people, perhaps a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, as 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
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney at law about potential civil litigation?
Any time you are concerned that a company dispute could eventually lead to formal legal action, it is important that you talk about your own possible choices with federal litigation counsel. While legal action is certainly one way to address a dispute, there could be other less-costly alternatives available as well. The quicker you get litigation counsel included, the higher the likelihood you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a highly trained litigator will be able to 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 Allendale has just been sued. Things I need to know about the civil litigation process?
In case your small business has just been sued, the very first thing you’ll need to perform is be sure you have a clear understanding in the deadlines that apply inside your case. You’ll need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, should you be going to challenge particular issues with the complaint, you may need to meet a precise deadline with regard to these challenges as well.
At this point, your enterprise also needs to initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that might potentially be discoverable within the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of small business.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex organization disputes also normally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant for the litigation, and meeting your production obligation may be one of the most onerous elements with the litigation procedure. On the other hand, you will find different grounds for difficult discovery requests in civil litigation, and your attorneys will likely be able to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) strategies you may use the discovery method to achieve leverage inside the litigation.
Q: We took action against a former worker who breached confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What choices do we have available?
This really is a potentially challenging predicament, and one that calls for a swift and strategic method. Whilst businesses will need to take adequate methods to shield their proprietary data, in addition they need to become cognizant of your 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 company, these are matters which will be addressed by means of formal legal procedures. In case your company’s image is becoming battered in 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 a range of variables, including the scope with the deficiency plus the potential effects around the litigation. In situations of intentional failure or gross negligence, corporations can face important sanctions; which includes a prospective “negative inference” based upon the perceived desire to help keep specific info in the other party. Instituting and internally enforcing an acceptable litigation hold is a important a part of the litigation course of action, and it really is one thing that all organizations really need to do in fantastic faith and using the guidance of skilled litigation counsel.
Q: Is it doable to pursue federal civil litigation against a company that is currently facing a federal investigation?
Yes. Actually, it is widespread for businesses 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 enable you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Within the latter scenario, it may be of crucial significance to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially effect your government investigation (and vice versa).
An additional frequent scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known 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 normally filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive evidence. If 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 prevent charges from becoming filed.
Q: When do I must look at taking legal action to protect my company?
As we described earlier, for those who are facing any prospective organization dispute with legal implications, looking for legal advice promptly could be the most beneficial way to avoid pricey and contentious litigation down the line. Some examples of situations 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