What exactly is Civil Litigation and an attorney servicing Amanico Ergina Village, California to assist you?
Civil litigation is the process through which civil matters are resolved in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, like a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, as with a criminal matter, civil cases are a person 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
Answers to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to seek advice from an attorney at law about potential civil litigation?
When worried that a company dispute may ultimately lead to formal legal action, it is vital that you discuss your own options with federal litigation counsel. While legal action is certainly one way to approach a dispute, there is certainly other less-costly options available as well. The sooner you get litigation counsel engaged, the greater the opportunity you’ll need to find an informal solution that protects your business without the time and money of litigation. While a knowledgeable litigator will be able to assert your company’s rights in the courtroom, 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 Amanico Ergina Village has just been sued. What I need to learn about the civil litigation process?
In case your organization has just been sued, the very first thing you will need to complete is make sure you possess a clear understanding from the deadlines that apply within your case. You’ll need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, for anyone who is going to challenge particular challenges together with the complaint, you could need to have to meet a certain deadline with regard to these challenges at the same time.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may possibly potentially be discoverable inside the litigation. Relevant personnel have to 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 in the ordinary course of small business.
Together with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation may be just about the most onerous elements of the litigation method. Nonetheless, you will find numerous grounds for challenging discovery requests in civil litigation, and your attorneys is going to be in a position to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) approaches you are able to use the discovery method to get leverage within the litigation.
Q: We took action against a previous member of staff who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?
This really is a potentially challenging scenario, and one that calls for a swift and strategic strategy. When firms want to take sufficient methods to protect their proprietary information and facts, additionally they will need to be cognizant on the practical implications of suing a disgruntled former employee in today’s planet 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, they are matters that can be addressed via formal legal procedures. If your company’s image is becoming battered within the public arena, we are able to hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a number of elements, such as the scope of your deficiency as well as the prospective effects on the litigation. In cases of intentional failure or gross negligence, corporations can face substantial sanctions; including a prospective “negative inference” primarily based upon the perceived want to keep specific data from the other celebration. Instituting and internally enforcing an proper litigation hold is actually a needed a part of the litigation procedure, and it’s some thing that all organizations ought to do in fantastic faith and using the guidance of knowledgeable litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a organization that may be currently facing a federal investigation?
Yes. In truth, it truly is prevalent for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your business, we can allow you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. In the latter situation, it may be of vital importance to have counsel who can represent you in each matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).
One more prevalent situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created 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 normally filed by disgruntled former employees and competitors with ulterior motives, and with little (if any) substantive evidence. If your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.
Q: When do I ought to look at taking legal action to protect my company?
As we pointed out earlier, if you are facing any possible company dispute with legal implications, in search of legal suggestions promptly could be the ideal approach to keep away from pricey and contentious litigation down the line. Some examples of situations exactly where it will typically be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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