Specifically what is Civil Litigation and an attorney at law servicing Afton, California that will help?
Civil litigation is the method by which civil matters are fixed in a court of law. Civil matters can be defined as circumstances dealing with relationships between people, say for example 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 a person or business filing suit against another individual 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 contact an attorney at law about potential civil litigation?
Any time you are troubled that a business dispute could eventually lead to formal legal action, it is crucial that you discuss the possible choices with federal litigation counsel. While a lawsuit is just one way to deal with a dispute, there could be other less-costly solutions as well. The earlier you get litigation counsel engaged, the greater the potential you will have to find an informal solution that protects your business without the time and expense 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 to explore alternatives that do not involve setting course for trial.
Q: My business in Afton has just been sued. Exactly what do I need to know about the civil litigation process?
If your business enterprise has just been sued, the first thing you will need to complete is make sure you have a clear understanding with the deadlines that apply within your case. You’ll need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, if you are going to challenge particular problems with the complaint, you may will need to meet a specific deadline with regard to these challenges also.
At this point, your enterprise also needs to initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend present records-management protocols – including these that involve the deletion or overwriting of electronic files inside the ordinary course of small business.
Together with pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation is often just about the most onerous aspects on the litigation process. Nevertheless, there are different grounds for difficult discovery requests in civil litigation, and your attorneys will likely be in a position to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) approaches it is possible to use the discovery course of action to acquire leverage within the litigation.
Q: We took action against a previous worker who violated privacy, and now we’re facing a lawsuit as well as a public relations nightmare. What options do we have available?
This really is a potentially difficult circumstance, and a single that needs a swift and strategic strategy. When businesses have to have to take adequate actions to protect their proprietary details, additionally they have to have to become cognizant on the sensible 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 company, these are matters that may be addressed by means of formal legal procedures. If your company’s image is becoming 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon many different aspects, which includes the scope from the deficiency as well as the possible effects on the litigation. In circumstances of intentional failure or gross negligence, organizations can face important sanctions; which includes a prospective “negative inference” primarily based upon the perceived desire to help keep specific information from the other party. Instituting and internally enforcing an appropriate litigation hold is often a vital part of the litigation course of action, and it can be something that all providers should do in great faith and with the guidance of experienced litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a firm that may be currently facing a federal investigation?
Yes. In reality, it truly is prevalent for businesses that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your company, we are able to allow you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it may be of crucial value to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially effect your government investigation (and vice versa).
Another widespread scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are normally filed by disgruntled former employees and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your organization is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.
Q: When do I really need to consider taking legal action to guard my company?
As we mentioned earlier, when you are facing any potential business enterprise dispute with legal implications, seeking legal assistance promptly is often the most effective strategy to avoid pricey and contentious litigation down the line. Some examples of conditions where it is going to usually 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