Just what is Civil Litigation as well as an attorney at law serving Agnew, California to help you?
Civil litigation is the procedure in which civil matters are settled in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, such as a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as with a criminal matter, civil cases are any person or business 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 contact an attorney about potential civil litigation?
Any time you are anxious that a company dispute could eventually lead to formal legal action, it is important that you talk about the options with federal litigation counsel. While a lawsuit is certainly one way to address a dispute, there might be other less-costly alternatives also. The sooner you get litigation counsel involved, the higher the opportunity you will need to find an informal solution that protects your business without the time and expense 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 explore alternatives that actually do not involve setting course for trial.
Q: My business in Agnew has just been sued. What do I need to know 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 of your deadlines that apply inside your case. You may need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, in case you are going to challenge particular issues using the complaint, you could possibly need to meet a distinct deadline with regard to these challenges as well.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files in the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complicated company disputes also frequently 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 could be one of the most onerous elements of your litigation course of action. Nonetheless, you can find many grounds for difficult discovery requests in civil litigation, and your attorneys might be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) strategies you are able to use the discovery process to obtain leverage inside the litigation.
Q: We took action against a previous worker who breached privacy, and now we are facing a lawsuit and also a public relations nightmare. What alternatives do we have available?
This is a potentially challenging predicament, and one that demands a swift and strategic strategy. Whilst corporations need to have to take sufficient measures to guard their proprietary information, they also will need to be cognizant of the sensible 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 firm, these are matters that could be addressed through formal legal procedures. If 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 will 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, including the scope from the deficiency plus the possible effects on the litigation. In situations of intentional failure or gross negligence, providers can face substantial sanctions; like a prospective “negative inference” based upon the perceived desire to help keep specific details in the other celebration. Instituting and internally enforcing an acceptable litigation hold is really a vital part of the litigation course of action, and it truly is anything that all corporations need to do in superior faith and using the guidance of experienced litigation counsel.
Q: Is it doable to pursue federal civil litigation against a enterprise that is definitely already facing a federal investigation?
Yes. In actual fact, it’s frequent for corporations 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 are able to assist you seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served with a civil complaint, we are able to represent you in both proceedings. In the latter scenario, it may be of crucial value to possess counsel who can represent you in each matters, as decisions you make inside your civil case can potentially impact your government investigation (and vice versa).
Another typical scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In 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 receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are usually filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I must think about taking legal action to protect my company?
As we mentioned earlier, for those who are facing any prospective organization dispute with legal implications, in search of legal tips promptly is usually the very best solution to stay clear of costly and contentious litigation down the line. Some examples of scenarios where it is going to usually 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