Specifically what is Civil Litigation as well as an attorney at law servicing Afton, California to help you?
Civil litigation is the method by which civil matters are settled in a court of law. Civil matters can be described as situations dealing with relationships between people, like a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, like in a criminal matter, civil cases are an individual 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
Answers to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney at law about potential civil litigation?
Any time you are troubled that a company dispute will lead to formal legal action, it is critical that you discuss your own options with federal litigation counsel. While legal action is just one way to address a dispute, there is certainly other less-costly alternatives too. The sooner 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 money of litigation. While a knowledgeable litigator will be able to assert your company’s rights in court, 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 Afton has just been sued. Just what do I need to learn about the civil litigation process?
In case your business enterprise has just been sued, the first thing you need to perform is make sure you possess a clear understanding of the deadlines that apply inside your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, when you are going to challenge certain problems together with the complaint, you might have to have to meet a distinct deadline with regard to these challenges too.
At this point, your organization also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant for the litigation, and meeting your production obligation can be one of the most onerous elements with the litigation course of action. On the other hand, you will find a variety of grounds for difficult discovery requests in civil litigation, as well as your attorneys is going to be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) strategies you are able to make use of the discovery procedure to get leverage in the litigation.
Q: We took action against a previous employee who violated privacy, and now we’re facing a lawsuit plus a public relations nightmare. What possibilities do we’ve got available?
That is a potentially challenging situation, and one particular that calls for a swift and strategic method. Even though firms need to have to take adequate steps to safeguard their proprietary information and facts, additionally they need to become cognizant of your practical 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 organization, these are matters which will be addressed by way of formal legal procedures. In case 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 depend upon several different components, like the scope of your deficiency along with the prospective effects on the litigation. In cases of intentional failure or gross negligence, firms can face significant sanctions; such as a potential “negative inference” based upon the perceived need to maintain specific details from the other celebration. Instituting and internally enforcing an appropriate litigation hold is really a essential a part of the litigation procedure, and it is something that all corporations really need to do in superior faith and together with the guidance of experienced litigation counsel.
Q: Is it probable to pursue federal civil litigation against a company that is already facing a federal investigation?
Yes. The truth is, it really is widespread for corporations 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 can make it easier to seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. Within the latter scenario, it may be of important value to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).
A different popular situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive evidence. If your business 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 shield my company?
As we pointed out earlier, if you are facing any potential company dispute with legal implications, seeking legal advice promptly is usually the most effective approach to prevent costly and contentious litigation down the line. Some examples of situations exactly where it is going to typically 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