Exactly what is Civil Litigation as well as an attorney servicing Alpine, California that will help?
Civil litigation is the method in which civil matters are settled in a courtroom. Civil matters can be described as situations dealing with relationships between people, like a marriage, or a contract dispute between companies. Rather than 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 to an attorney about potential civil litigation?
When worried that a business dispute might lead to formal legal action, it is essential that you talk about your choices with federal litigation counsel. While a lawsuit can be a way to address a dispute, there can be other less-costly available options too. The earlier you get litigation counsel included, the greater the probability you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a skilled litigator will assert your company’s rights in 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 Alpine has just been sued. Exactly what do I need to learn about the civil litigation process?
If your organization has just been sued, the very first thing you may need to do is make sure you have a clear understanding with the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, in case you are going to challenge certain issues with the complaint, you could possibly need to have to meet a precise deadline with regard to these challenges also.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that might potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend current records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of organization.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also normally 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 one of the most onerous aspects on the litigation procedure. Nevertheless, there are actually numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will likely be in a position to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) methods it is possible to make use of the discovery course of action to acquire leverage within the litigation.
Q: We took action against a former worker who breached confidentiality, and now we are facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?
This is a potentially challenging scenario, and 1 that needs a swift and strategic method. When organizations will need to take sufficient steps to protect their proprietary info, they also will need to be cognizant from the practical 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, they are matters that could be addressed by means of formal legal procedures. In case your company’s image is getting 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 will 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, such as the scope of your deficiency along with the potential effects on the litigation. In circumstances of intentional failure or gross negligence, providers can face considerable sanctions; which includes a potential “negative inference” based upon the perceived desire to maintain particular information in the other celebration. Instituting and internally enforcing an appropriate litigation hold is really a important a part of the litigation procedure, and it can be anything that all firms have to do in great faith and with the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a business that is definitely currently facing a federal investigation?
Yes. In fact, it is actually prevalent for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your enterprise, we can allow you to seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. Within the latter situation, it may be of important importance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).
Yet another widespread situation where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within 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 receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive proof. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from being filed.
Q: When do I have to consider taking legal action to safeguard my company?
As we talked about earlier, should you are facing any potential business enterprise dispute with legal implications, looking for legal suggestions promptly can be the top approach to avoid expensive and contentious litigation down the line. Some examples of situations exactly where it’ll typically 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