What exactly is Civil Litigation as well as an attorney at law servicing Angiola, California that will help?
Civil litigation is the method through which civil matters are settled in a court of law. Civil matters can be described as cases dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, as with a criminal matter, civil cases are an individual or business 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 for you to refer to an attorney about potential civil litigation?
Any time you are anxious that a company dispute might lead to formal legal action, it is important that you talk about the possible choices with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there might be other less-costly alternatives available as well. The sooner you get litigation counsel included, the higher the likelihood you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a professional litigator will assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Angiola has just been sued. What do I need to learn about the civil litigation process?
If your organization has just been sued, the first thing you’ll need to accomplish is ensure you have a clear understanding from the deadlines that apply in your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge particular challenges together with the complaint, you might have to have to meet a specific deadline with regard to these challenges as well.
At this point, your company also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it might also be necessary to suspend current records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of company.
In addition to pre-trial motions, hearings, and settlement negotiations, complex organization disputes also normally 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 towards the litigation, and meeting your production obligation can be probably the most onerous elements from the litigation approach. Even so, there are actually different grounds for difficult discovery requests in civil litigation, as well as your attorneys will likely be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) ways it is possible to make use of the discovery procedure to achieve leverage in the litigation.
Q: We took action against a former worker who violated privacy, and now we’re facing a lawsuit in addition to a public relations nightmare. What possibilities do we’ve got available?
This really is a potentially challenging circumstance, and 1 that demands a swift and strategic approach. Whilst corporations will need to take sufficient methods to shield their proprietary facts, they also need to become cognizant of your 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 firm, they are matters that may be addressed by means of formal legal procedures. In case your company’s image is being battered within the public arena, we are able to hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a number of components, including the scope of your deficiency and the potential effects on the litigation. In instances of intentional failure or gross negligence, corporations can face considerable sanctions; like a potential “negative inference” primarily based upon the perceived wish to help keep specific info in the other celebration. Instituting and internally enforcing an appropriate litigation hold can be a necessary a part of the litigation course of action, and it really is a thing that all firms really need to do in great faith and together with the guidance of experienced litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a firm that is certainly currently facing a federal investigation?
Yes. In reality, it truly is prevalent for organizations 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 enterprise, we can help you seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. In the latter situation, it might be of vital significance to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).
A different typical scenario exactly 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 (known as the “relator”); and when 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 usually filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from being filed.
Q: When do I must contemplate taking legal action to shield my company?
As we described earlier, in case you are facing any possible organization dispute with legal implications, searching for legal suggestions promptly could be the most effective solution to prevent pricey and contentious litigation down the line. Some examples of conditions where it is going to normally 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