So what’s Civil Litigation and an attorney at law serving Albion Head, California that will help?
Civil litigation is the method by which civil matters are solved in a court of law. Civil matters can be defined as situations dealing with relationships between people, for example a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, like in a criminal matter, civil cases are any 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to talk to an attorney about potential civil litigation?
Any time you are concerned that a company dispute might lead to formal legal action, it is vital that you talk about the choices with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there can be other less-costly alternatives available as well. The earlier you get litigation counsel included, the better the chance you’ll need to find an informal solution that protects your company without the time and money of litigation. While a highly trained litigator will assert your company’s rights in 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 Albion Head has just been sued. What exactly do I need to understand about the civil litigation process?
In case your business has just been sued, the first thing you need to perform is be sure you possess a clear understanding from the deadlines that apply within your case. You’ll need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, in case you are going to challenge particular troubles together with the complaint, you could want to meet a distinct deadline with regard to these challenges also.
At this point, your organization also needs to initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it might also be essential to suspend current records-management protocols – which includes these that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also frequently involve voluminous electronic discovery. Each 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 may be just about the most onerous aspects of the litigation course of action. Nonetheless, there are actually various grounds for difficult discovery requests in civil litigation, and your attorneys will be in a position to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) approaches it is possible to use the discovery process to get leverage inside the litigation.
Q: We took action against a former worker who violated privacy, and now we’re facing a lawsuit as well as a public relations nightmare. What possibilities do we have available?
This really is a potentially challenging circumstance, and a single that needs a swift and strategic method. While businesses have to have to take sufficient actions to shield their proprietary information, they also require to be cognizant on 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 firm, they are matters which can be addressed by means of formal legal procedures. In case your company’s image is getting 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 will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon various aspects, such as the scope of the deficiency and the potential effects around the litigation. In cases of intentional failure or gross negligence, companies can face substantial sanctions; like a prospective “negative inference” based upon the perceived want to help keep specific data in the other party. Instituting and internally enforcing an suitable litigation hold is usually a essential a part of the litigation process, and it’s one thing that all corporations need to do in good faith and with all the guidance of experienced litigation counsel.
Q: Is it probable to pursue federal civil litigation against a enterprise that is definitely currently facing a federal investigation?
Yes. In fact, it’s widespread for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your enterprise, we can assist you to 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. Within the latter situation, it may be of crucial value to possess counsel who can represent you in each matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
An additional popular situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are typically filed by disgruntled former employees and competitors with ulterior motives, and with tiny (if any) substantive proof. If your company is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I really need to take into account taking legal action to shield my company?
As we mentioned earlier, when you are facing any potential organization dispute with legal implications, seeking legal advice promptly is usually the most effective solution to keep away from pricey and contentious litigation down the line. Some examples of scenarios exactly where it’s going to normally be advisable to engage litigation counsel to conduct a case assessment include:
- 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