Just what is Civil Litigation as well as an attorney at law servicing Almanor, California to help you out?
Civil litigation is the method where civil matters are fixed in a courtroom. Civil matters can be described as situations dealing with relationships between people, say for example a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, such as 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
Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to refer to an attorney about potential civil litigation?
Any time you are troubled that a company dispute will lead to formal legal action, it is vital that you talk about your choices with federal litigation counsel. While a lawsuit is just one way to address a dispute, there are other less-costly solutions also. The quicker you get litigation counsel involved, the higher the potential you’ll have to find an informal solution that protects your business without the time and money of litigation. While an expert litigator will be able to assert your company’s rights in the court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Almanor has just been sued. Exactly what do I need to understand about the civil litigation process?
In case your business has just been sued, the very first thing you’ll need to perform is ensure you have a clear understanding from the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, when you are going to challenge particular challenges using the complaint, you could require to meet a specific deadline with regard to these challenges at the same time.
At this point, your corporation also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that could potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend existing records-management protocols – such as these 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 small business disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation may be probably the most onerous elements of the litigation method. Having said that, there are many grounds for difficult discovery requests in civil litigation, and your attorneys will be able to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) strategies you could use the discovery process to acquire leverage in the litigation.
Q: We took action against a former employee who breached confidentiality, and now we’re facing a lawsuit plus a public relations nightmare. What possibilities do we’ve got available?
That is a potentially challenging circumstance, and 1 that calls for a swift and strategic method. Although organizations will need to take sufficient methods to safeguard their proprietary details, they also want to become cognizant on the practical 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 business, these are matters that can be addressed by means of formal legal procedures. If your company’s image is becoming battered inside 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, which includes the scope on the deficiency as well as the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, companies can face significant sanctions; such as a possible “negative inference” primarily based upon the perceived desire to help keep certain facts from the other celebration. Instituting and internally enforcing an proper litigation hold is actually a necessary part of the litigation method, and it really is a thing that all companies must do in superior faith and using the guidance of knowledgeable litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a company that is certainly currently facing a federal investigation?
Yes. In fact, it truly is common for providers 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 assist you seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. Inside the latter situation, it may be of important value to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).
Yet another prevalent situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to receive 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 proof. In case your company is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from becoming filed.
Q: When do I must consider taking legal action to shield my company?
As we mentioned earlier, should you are facing any prospective enterprise dispute with legal implications, seeking legal assistance promptly can be the most effective technique to stay clear of expensive and contentious litigation down the line. Some examples of circumstances exactly where it is 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