What’s Civil Litigation and an attorney at law servicing Angels Camp, California that will help you?
Civil litigation is the procedure in which civil matters are fixed in a courtroom. Civil matters can be defined as situations dealing with relationships between people, such as a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, like a criminal matter, civil cases are any person or company filing suit against somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Answers to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney at law about potential civil litigation?
When anxious that a business dispute will lead to formal legal action, it is vital that you talk about the choices with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there may be other less-costly available options too. The quicker you get litigation counsel involved, the greater the possibility you will have to find an informal solution that protects your company without the time and money of litigation. While a professional litigator will 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 Angels Camp has just been sued. Exactly what do I need to understand about the civil litigation process?
In case your organization has just been sued, the first thing you need to complete is make sure you have a clear understanding of the deadlines that apply within your case. You’ll need to respond to the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, in case you are going to challenge particular problems using the complaint, you could possibly need to have to meet a certain deadline with regard to these challenges too.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that could potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of business.
In addition to pre-trial motions, hearings, and settlement negotiations, complex organization 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 to the litigation, and meeting your production obligation can be probably the most onerous elements on the litigation procedure. Having said that, there are several grounds for challenging discovery requests in civil litigation, as well as your attorneys might be able to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) approaches you may use the discovery process to obtain leverage within the litigation.
Q: We took action against a previous employee who violated privacy, and now we’re facing a lawsuit along with a public relations nightmare. What selections do we’ve got available?
This can be a potentially challenging predicament, and a single that needs a swift and strategic method. When companies need to take sufficient actions to safeguard their proprietary facts, additionally they need to be cognizant of 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 enterprise, they are matters that may be addressed by means of formal legal procedures. In case your company’s image is becoming 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 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 elements, including the scope with the deficiency and the possible effects on the litigation. In situations of intentional failure or gross negligence, corporations can face significant sanctions; such as a prospective “negative inference” primarily based upon the perceived desire to help keep particular data in the other party. Instituting and internally enforcing an appropriate litigation hold is really a required part of the litigation course of action, and it’s one thing that all providers really need to do in good faith and with the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a firm that’s already facing a federal investigation?
Yes. In reality, it is frequent for businesses 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 allow you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Within the latter scenario, it may be of crucial importance to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially impact your government investigation (and vice versa).
A further typical situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and in the event 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 typically filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive evidence. In case your company 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 becoming filed.
Q: When do I ought to think about taking legal action to shield my company?
As we described earlier, should you are facing any prospective company dispute with legal implications, in search of legal guidance promptly might be the top technique to steer clear of expensive and contentious litigation down the line. Some examples of conditions exactly where it can normally be advisable to engage litigation counsel to conduct a case assessment involve:
- 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