What’s Civil Litigation as well as an attorney servicing Advance, California that will help?
Civil litigation is the process wherein civil matters are resolved in a courtroom. Civil matters can be described as circumstances dealing with relationships between people, for example a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, like in a criminal matter, civil cases are a 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
Responses to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to refer to an attorney about potential civil litigation?
When troubled that a company dispute will lead to formal legal action, it is vital that you talk about your own choices with federal litigation counsel. While a lawsuit can be a way to address a dispute, there may be other less-costly available options too. The quicker you get litigation counsel included, the better the probability you’ll have to find an informal solution that protects your company without the time and money of litigation. While an expert litigator will assert your company’s rights in the court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Advance has just been sued. What do I need to learn about the civil litigation process?
If your company has just been sued, the first thing you’ll need to perform is be sure you possess a clear understanding on the deadlines that apply within your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you’re going to challenge particular problems using the complaint, you might need to meet a distinct deadline with regard to these challenges also.
At this point, your firm also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be necessary to suspend existing records-management protocols – which includes these that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also often 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 can be one of the most onerous elements in the litigation approach. Nevertheless, you can find various grounds for challenging discovery requests in civil litigation, and your attorneys will probably be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) techniques you may make use of the discovery approach to get leverage within the litigation.
Q: We took action against a previous member of staff who breached privacy, and now we are facing a lawsuit plus a public relations nightmare. What possibilities do we have available?
This can be a potentially difficult circumstance, and a single that demands a swift and strategic approach. When organizations have to have to take sufficient measures to shield their proprietary information, they also will need to be cognizant of your practical implications of suing a disgruntled former employee in today’s globe 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 will be addressed by means of formal legal procedures. In case your company’s image is becoming battered within the public arena, we can 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 variables, such as the scope from the deficiency as well as the possible effects on the litigation. In instances of intentional failure or gross negligence, providers can face considerable sanctions; such as a prospective “negative inference” based upon the perceived wish to maintain certain details in the other celebration. Instituting and internally enforcing an acceptable litigation hold can be a required a part of the litigation process, and it is something that all businesses must do in superior faith and together with the guidance of knowledgeable litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a corporation that’s currently facing a federal investigation?
Yes. The truth is, it is common for corporations 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 using a civil complaint, we can represent you in each proceedings. In the latter scenario, it may be of vital value to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).
A different common 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 produced by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are frequently filed by disgruntled former staff and competitors with ulterior motives, and with little (if any) substantive evidence. If your company is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from being filed.
Q: When do I ought to look at taking legal action to defend my company?
As we described earlier, if you are facing any potential small business dispute with legal implications, in search of legal tips promptly may be the most beneficial approach to steer clear of expensive and contentious litigation down the line. Some examples of situations exactly where it’s going to frequently 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