What’s Civil Litigation as well as an attorney serving Advance, California to assist you?
Civil litigation is the method where civil matters are resolved in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as with 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to consult an attorney about potential civil litigation?
Any time you are troubled that a business dispute will swiftly lead to formal legal action, it is important that you talk about your options with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there may be other less-costly alternatives available also. The sooner you get litigation counsel included, the better the likelihood you will have to find an informal solution that protects your business without the time and money of litigation. While a skilled litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to help you out explore alternatives that actually do not involve setting course for trial.
Q: My business in Advance has just been sued. Exactly what do I need to learn about the civil litigation process?
If your business has just been sued, the first thing you will need to accomplish is be sure you have a clear understanding on the deadlines that apply inside your case. You need to respond to the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, in case you are going to challenge certain problems with all the complaint, you might have to have to meet a specific deadline with regard to these challenges at the same time.
At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may perhaps potentially be discoverable in 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 in the ordinary course of small business.
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 might be relevant for the litigation, and meeting your production obligation is often just about the most onerous elements of your litigation procedure. Even so, you will discover numerous grounds for difficult discovery requests in civil litigation, and your attorneys are going to be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) ways you’ll be able to make use of the discovery method to gain leverage within the litigation.
Q: We took action against a former worker who breached privacy, and now we are facing a lawsuit plus a public relations nightmare. What choices do we have available?
This really is a potentially difficult situation, and 1 that demands a swift and strategic approach. While companies need to have to take sufficient actions to protect their proprietary information and facts, they also want to become 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 organization, these are matters which can be addressed through formal legal procedures. In case 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a variety of aspects, which includes the scope on the deficiency and the possible effects on the litigation. In situations of intentional failure or gross negligence, firms can face considerable sanctions; like a possible “negative inference” based upon the perceived desire to maintain certain info from the other celebration. Instituting and internally enforcing an acceptable litigation hold is usually a vital a part of the litigation method, and it is anything that all providers must do in very good faith and together with the guidance of experienced litigation counsel.
Q: Is it possible to pursue federal civil litigation against a organization that is certainly currently facing a federal investigation?
Yes. Actually, it’s popular for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your business, we are able to assist you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Inside the latter situation, it might be of important significance to have counsel who can represent you in both matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).
Yet another 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 created 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 economic penalties the government collects. Qui tam actions are often filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive evidence. In case your company 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 ought to contemplate taking legal action to safeguard my company?
As we mentioned earlier, in the event you are facing any prospective business dispute with legal implications, in search of legal assistance promptly is often the top technique to stay away from pricey and contentious litigation down the line. Some examples of conditions where it can usually be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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