What is Civil Litigation and an attorney serving Alton, California to assist you to?
Civil litigation is the procedure through which civil matters are fixed in a courtroom. Civil matters can be described as cases dealing with relationships between people, say for example a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, such as a criminal matter, civil cases are a person or company filing suit against another individual 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 talk with an attorney at law about potential civil litigation?
Any time you are nervous that a company dispute will lead to formal legal action, it is critical that you discuss the choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there may be other less-costly options available too. The quicker you get litigation counsel included, the higher the probability you will need to find an informal solution that protects your company without the time and expense of litigation. While a knowledgeable litigator will assert your company’s rights in the courtroom, 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 Alton has just been sued. What do I need to know about the civil litigation process?
If your business has just been sued, the very first thing you need to do is be sure you possess a clear understanding on the deadlines that apply inside your case. You may need to respond to the plaintiff’s complaint within the timeframe specified below the applicable court rules (state or federal); and, if you are going to challenge certain concerns together with the complaint, you might have to have to meet a certain 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 course of action of preserving hardcopy and electronic records that could potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be necessary to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files in the ordinary course of organization.
In addition to pre-trial motions, hearings, and settlement negotiations, complex small business disputes also frequently involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant towards the litigation, and meeting your production obligation is usually one of the most onerous elements on the litigation course of action. Even so, you can find a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys is going to be capable to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) strategies you are able to use the discovery method to get leverage in the litigation.
Q: We took action against a former worker who breached privacy, and now we’re facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?
That is a potentially challenging circumstance, and a single that needs a swift and strategic method. Although companies will need to take adequate measures to guard their proprietary info, in addition they want to become cognizant from the 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 corporation, these are matters that could be addressed via formal legal procedures. In case your company’s image is getting battered within 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 elements, including the scope of the deficiency plus the possible effects around the litigation. In circumstances of intentional failure or gross negligence, providers can face important sanctions; which includes a prospective “negative inference” based upon the perceived wish to keep certain information in the other party. Instituting and internally enforcing an appropriate litigation hold is a important a part of the litigation method, and it’s some thing that all companies really need to do in excellent faith and with all the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a company that may be already facing a federal investigation?
Yes. The truth is, it can be common for organizations 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 enterprise, we are able to assist you to seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. Within the latter scenario, it might be of essential value to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially impact your government investigation (and vice versa).
One more typical situation where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your enterprise 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 being filed.
Q: When do I have to contemplate taking legal action to guard my company?
As we pointed out earlier, for those who are facing any prospective small business dispute with legal implications, in search of legal assistance promptly could be the most effective technique to stay away from pricey and contentious litigation down the line. Some examples of circumstances where it’s going to commonly be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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