What exactly is Civil Litigation and an attorney at law serving Agnew, California to assist you to?
Civil litigation is the procedure wherein civil matters are solved in a court of law. Civil matters can be described as circumstances dealing with relationships between people, for example a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, as in a criminal matter, civil cases are any person or company 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to visit an attorney about potential civil litigation?
Any time you are worried that a company dispute could eventually lead to formal legal action, it is vital that you discuss your own choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there are other less-costly alternatives available as well. The earlier you get litigation counsel engaged, the better the probability you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a highly trained litigator will assert your company’s rights in the court, he or she should also be able to help you out explore alternatives that actually do not involve setting course for trial.
Q: My business in Agnew has just been sued. What / things I need to find out about the civil litigation process?
If your business enterprise has just been sued, the very first thing you need to do is be sure to have a clear understanding from the deadlines that apply inside your case. You need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, should you be going to challenge particular troubles using the complaint, you may require to meet a specific 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 within the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend present records-management protocols – like these that involve the deletion or overwriting of electronic files in the ordinary course of small business.
Together with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant to the litigation, and meeting your production obligation can be probably the most onerous elements with the litigation procedure. On the other hand, you will discover several grounds for challenging discovery requests in civil litigation, as well as your attorneys will be able to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) methods you could use the discovery course of action to obtain leverage in the litigation.
Q: We took action against a former member of staff who violated confidentiality, and now we are facing a lawsuit in addition to a public relations nightmare. What selections do we have available?
This is a potentially challenging predicament, and one that requires a swift and strategic approach. Although companies want to take sufficient methods to protect their proprietary data, additionally they require to be cognizant of your 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 business, they are matters which will be addressed by way of formal legal procedures. If your company’s image is getting 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 will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon several different aspects, such as the scope of the deficiency plus the possible effects on the litigation. In situations of intentional failure or gross negligence, firms can face significant sanctions; including a potential “negative inference” based upon the perceived wish to help keep certain information from the other party. Instituting and internally enforcing an acceptable litigation hold can be a needed a part of the litigation method, and it’s some thing that all firms must do in superior faith and with all the guidance of knowledgeable litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a enterprise that is currently facing a federal investigation?
Yes. The truth is, it is actually popular for providers 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 allow you to seek legal treatments 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 situation, it may be of critical value to possess counsel who can represent you in each matters, as choices you make inside your civil case can potentially influence your government investigation (and vice versa).
An additional popular scenario where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are usually filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. In case your organization 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 really need to take into consideration taking legal action to defend my company?
As we talked about earlier, for those who are facing any potential enterprise dispute with legal implications, searching for legal tips promptly may be the top strategy to steer clear of expensive and contentious litigation down the line. Some examples of circumstances exactly where it will typically 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