Exactly what is Civil Litigation and an attorney servicing Alpaugh, California that may help you?
Civil litigation is the method wherein civil matters are solved in a courtroom. Civil matters can be described as circumstances dealing with relationships between people, for example a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, as in a criminal matter, civil cases are an individual 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to seek advice from an attorney at law about potential civil litigation?
Any time you are concerned that a business dispute may ultimately lead to formal legal action, it is essential that you discuss the choices with federal litigation counsel. While a lawsuit can be a way to approach a dispute, there are other less-costly solutions as well. The sooner you get litigation counsel engaged, the higher the probability you will have to find an informal solution that protects your business without the time and money of litigation. While a seasoned litigator can 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 Alpaugh has just been sued. What / things I need to learn about the civil litigation process?
In case your company has just been sued, the first thing you may need to accomplish is be sure to have a clear understanding on the deadlines that apply in your case. You will need to respond to the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you are going to challenge specific problems together with the complaint, you might need to have to meet a distinct deadline with regard to these challenges also.
At this point, your company also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it might also be essential to suspend existing records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated company disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation can be one of the most onerous aspects in the litigation approach. Having said that, you will find numerous grounds for difficult discovery requests in civil litigation, as well as your attorneys might be in a position to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) ways it is possible to use the discovery method to achieve leverage inside the litigation.
Q: We took action against a former worker who violated confidentiality, and now we are facing a lawsuit as well as a public relations nightmare. What options do we have available?
That is a potentially difficult circumstance, and one that needs a swift and strategic approach. Though businesses need to take adequate actions to safeguard their proprietary information and facts, in addition they require to become 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 organization, these are matters that can be addressed through formal legal procedures. In case your company’s image is being battered within the public arena, we can 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 rely upon many different components, including the scope on the deficiency along with the prospective effects around the litigation. In cases of intentional failure or gross negligence, corporations can face considerable sanctions; such as a prospective “negative inference” primarily based upon the perceived need to maintain specific data from the other party. Instituting and internally enforcing an suitable litigation hold can be a essential a part of the litigation approach, and it’s one thing that all organizations really need to do in excellent faith and together with the guidance of seasoned litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a company that’s currently facing a federal investigation?
Yes. In fact, it’s frequent for providers 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 business, we can enable you to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. Inside the latter situation, it may be of crucial value to possess counsel who can represent you in both matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).
One more widespread situation where private action can bring about 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 when 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 typically filed by disgruntled former staff and competitors with ulterior motives, and with little (if any) substantive evidence. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from becoming filed.
Q: When do I have to think about taking legal action to shield my company?
As we mentioned earlier, for those who are facing any possible business dispute with legal implications, seeking legal tips promptly can be the best approach to prevent pricey and contentious litigation down the line. Some examples of situations where it can commonly be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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