Just what is Civil Litigation as well as an attorney servicing Ager, California that can assist you?
Civil litigation is the process by which civil matters are settled in a courtroom. Civil matters can be defined as circumstances dealing with relationships between people, like a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, such as a criminal matter, civil cases are a person 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
Answers to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to consult an attorney about potential civil litigation?
Any time you are troubled that a company dispute might lead to formal legal action, it is crucial that you talk about your options with federal litigation counsel. While a lawsuit can be a way to address a dispute, there is certainly other less-costly available choices too. The sooner you get litigation counsel involved, 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 professional litigator will assert your company’s rights in court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Ager has just been sued. Things I need to understand about the civil litigation process?
In case your business enterprise has just been sued, the very first thing you will need to do is be sure to have a clear understanding of your deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, in case you are going to challenge certain difficulties with all the complaint, you could possibly need to meet a distinct deadline with regard to these challenges as well.
At this point, your business also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may perhaps potentially be discoverable inside the litigation. Relevant personnel must 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 in the ordinary course of business enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also usually involve voluminous electronic discovery. Both 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 might be just about the most onerous aspects of the litigation procedure. However, there are actually several grounds for challenging discovery requests in civil litigation, as well as your attorneys will likely be in a position to advise you of each (i) approaches for limiting your company’s discovery obligations, and (ii) techniques you can make use of the discovery method to gain leverage within the litigation.
Q: We took action against a former member of staff who breached confidentiality, and now we’re facing a lawsuit and a public relations nightmare. What selections do we have available?
That is a potentially challenging circumstance, and a single that needs a swift and strategic method. While corporations need to have to take adequate measures to shield their proprietary information and facts, additionally they have to have to be cognizant with 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 enterprise, these are matters which can be addressed through formal legal procedures. In case your company’s image is becoming battered in 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 depend upon a variety of factors, which includes the scope from the deficiency plus the possible effects around the litigation. In cases of intentional failure or gross negligence, firms can face important sanctions; such as a potential “negative inference” primarily based upon the perceived wish to maintain particular data from the other celebration. Instituting and internally enforcing an suitable litigation hold is a needed part of the litigation course of action, and it’s something that all corporations should do in very good faith and using the guidance of skilled litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a firm that’s currently facing a federal investigation?
Yes. In reality, it is actually typical for businesses that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your company, we can make it easier to seek legal remedies in court. Conversely, when you are facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. In the latter scenario, it may be of essential importance to possess counsel who can represent you in each matters, as decisions you make inside your civil case can potentially influence your government investigation (and vice versa).
Another prevalent situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside 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 monetary penalties the government collects. Qui tam actions are generally filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I ought to contemplate taking legal action to defend my company?
As we mentioned earlier, for those who are facing any possible enterprise dispute with legal implications, seeking legal tips promptly might be the most effective strategy to prevent costly and contentious litigation down the line. Some examples of scenarios where it is going to 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