Specifically what is Civil Litigation as well as an attorney serving Allensworth, California that can assist you?
Civil litigation is the process wherein civil matters are solved in a courtroom. Civil matters can be described as cases dealing with relationships between people, such as a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, such as a criminal matter, civil cases are an individual 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney about potential civil litigation?
Any time you are anxious that a business dispute may ultimately lead to formal legal action, it is crucial that you talk about the possible choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there is certainly other less-costly alternatives available as well. The earlier you get litigation counsel included, the higher the potential you’ll need to find an informal solution that protects your business without the time and expense of litigation. While an expert litigator can assert your company’s rights in the courtroom, he or she should also be able to help you out explore alternatives that do not involve setting course for trial.
Q: My business in Allensworth has just been sued. What exactly do I need to find out about the civil litigation process?
If your enterprise has just been sued, the first thing you’ll need to perform is ensure you possess a clear understanding with the deadlines that apply inside 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, for anyone who is going to challenge particular difficulties with the complaint, you may want 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 is a systematic course of action of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it might also be essential to suspend present records-management protocols – such as these that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
Together with 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 are relevant to the litigation, and meeting your production obligation may be just about the most onerous aspects in the litigation approach. Nonetheless, you will discover many grounds for challenging discovery requests in civil litigation, and your attorneys are going to be capable to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) approaches you could use the discovery approach to gain leverage inside the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we are facing a lawsuit in addition to a public relations nightmare. What alternatives do we’ve got available?
This is a potentially challenging circumstance, and one particular that requires a swift and strategic approach. When companies require to take sufficient methods to safeguard their proprietary details, they also have to have 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 organization, these are matters that can be addressed by means of formal legal procedures. If 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 rely upon a number of elements, which includes the scope of your deficiency along with the possible effects on the litigation. In situations of intentional failure or gross negligence, providers can face significant sanctions; such as a possible “negative inference” primarily based upon the perceived desire to keep certain info in the other party. Instituting and internally enforcing an appropriate litigation hold is often a required a part of the litigation procedure, and it really is some thing that all companies must do in very good faith and with the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a business that’s currently facing a federal investigation?
Yes. In truth, it is actually popular for firms 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 business, we are able to allow you to seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. Inside the latter situation, it might be of vital importance to have counsel who can represent you in each matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).
Yet another common scenario exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (referred to 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 economic penalties the government collects. Qui tam actions are usually 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 can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from becoming filed.
Q: When do I must think about taking legal action to defend my company?
As we talked about earlier, in case you are facing any possible business dispute with legal implications, looking for legal suggestions promptly can be the most beneficial approach to avoid costly and contentious litigation down the line. Some examples of circumstances where it can typically 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