What exactly is Civil Litigation and an attorney serving Alder Creek, California that will help?
Civil litigation is the method where civil matters are resolved in a court of law. Civil matters can be described as circumstances dealing with relationships between people, such as a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, like 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
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney at law about potential civil litigation?
When nervous that a company dispute will swiftly lead to formal legal action, it is vital that you talk about your own choices with federal litigation counsel. While a lawsuit can be a way to deal with a dispute, there are other less-costly solutions also. The quicker you get litigation counsel involved, the greater the probability you will need to find an informal solution that protects your company without the time and money of litigation. While a skilled litigator will assert your company’s rights in the 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 Alder Creek has just been sued. What exactly do I need to understand about the civil litigation process?
In case your organization has just been sued, the first thing you will need to accomplish is be sure to have a clear understanding on the deadlines that apply inside your case. You’ll need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, when you are going to challenge certain challenges with all the complaint, you could possibly need to have to meet a particular deadline with regard to these challenges as well.
At this point, your business also needs to initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend current records-management protocols – such as 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, complex company disputes also often involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant to the litigation, and meeting your production obligation is often just about the most onerous elements on the litigation procedure. On the other hand, you’ll find several grounds for difficult discovery requests in civil litigation, and your attorneys is going to be able to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) techniques you can use the discovery course of action to gain leverage within the litigation.
Q: We took action against a former employee who breached confidentiality, and now we are facing a lawsuit and also a public relations nightmare. What options do we have available?
That is a potentially difficult circumstance, and one that needs a swift and strategic method. When corporations require to take adequate methods to guard their proprietary details, additionally they want to be cognizant of your 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 enterprise, they are matters that will be addressed by means of 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon various factors, including the scope of your deficiency as well as the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, organizations can face considerable sanctions; such as a prospective “negative inference” based upon the perceived need to maintain particular info in the other party. Instituting and internally enforcing an acceptable litigation hold is usually a vital a part of the litigation process, and it truly is one thing that all firms must do in very good faith and using the guidance of skilled litigation counsel.
Q: Is it possible to pursue federal civil litigation against a organization that is already facing a federal investigation?
Yes. In fact, it is actually widespread for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your company, we are able to help you seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. In the latter situation, it may be of critical value to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
Another common situation 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 (known as the “relator”); and when 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 frequently filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. In case your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from being filed.
Q: When do I really need to take into account taking legal action to shield my company?
As we talked about earlier, should you are facing any prospective organization dispute with legal implications, searching for legal assistance promptly may be the most effective technique to steer clear of expensive and contentious litigation down the line. Some examples of circumstances where it can commonly be advisable to engage litigation counsel to conduct a case assessment include things like:
- 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