Just what is Civil Litigation and an attorney at law servicing Almonte, California to assist you?
Civil litigation is the process where civil matters are resolved in a court of law. Civil matters can be described as scenarios dealing with relationships between people, 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to speak with an attorney at law about potential civil litigation?
When nervous that a company dispute will lead to formal legal action, it is vital that you discuss the options with federal litigation counsel. While legal action is certainly one way to approach a dispute, there can be other less-costly alternatives as well. The sooner you get litigation counsel engaged, the better the chance you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a seasoned litigator will assert your company’s rights in court, he or she should also be able to assist you explore alternatives that actually do not involve setting course for trial.
Q: My business in Almonte has just been sued. Exactly what do I need to understand about the civil litigation process?
If your business enterprise has just been sued, the very first thing you may need to complete is be sure you possess a clear understanding on the deadlines that apply within your case. You’ll need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, when you are going to challenge specific difficulties using the complaint, you could possibly need to meet a precise deadline with regard to these challenges too.
At this point, your company also needs to initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend existing records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
As well as pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also often involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation is usually probably the most onerous elements of the litigation process. Nonetheless, you will discover various grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) approaches you’ll be able to use the discovery course of action to achieve leverage in the litigation.
Q: We took action against a former worker who breached privacy, and now we’re facing a lawsuit and also a public relations nightmare. What solutions do we’ve got available?
That is a potentially difficult circumstance, and 1 that needs a swift and strategic approach. When providers need to have to take adequate steps to guard 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 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 enterprise, they are matters that will be addressed through formal legal procedures. In case your company’s image is being 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon several different elements, including the scope on the deficiency along with the prospective effects on the litigation. In instances of intentional failure or gross negligence, firms can face substantial sanctions; like a potential “negative inference” primarily based upon the perceived wish to maintain certain details from the other celebration. Instituting and internally enforcing an appropriate litigation hold is really a necessary a part of the litigation course of action, and it truly is a thing that all organizations must do in very good faith and with all the guidance of knowledgeable litigation counsel.
Q: Is it doable to pursue federal civil litigation against a company that may be currently facing a federal investigation?
Yes. In reality, it’s frequent for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If yet another company’s illegal conduct has harmed your enterprise, we can help you seek legal treatments in court. Conversely, should you be facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it may be of crucial importance to have counsel who can represent you in both matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).
A further frequent situation exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made 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 obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your organization 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 take into consideration taking legal action to defend my company?
As we pointed out earlier, should you are facing any prospective organization dispute with legal implications, looking for legal tips promptly could be the most beneficial approach to stay away from costly and contentious litigation down the line. Some examples of conditions exactly where it is going to generally be advisable to engage litigation counsel to conduct a case assessment contain:
- 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