What is Civil Litigation and an attorney at law servicing Alpine Meadows, California that will help?
Civil litigation is the process by which civil matters are resolved in a courtroom. Civil matters can be defined as circumstances dealing with relationships between people, such as a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, like in a criminal matter, civil cases are any person or company 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to contact an attorney about potential civil litigation?
Any time you are troubled that a company dispute will swiftly lead to formal legal action, it is essential that you discuss your choices with federal litigation counsel. While a lawsuit can be a way to approach a dispute, there may be other less-costly solutions as well. The earlier you get litigation counsel included, the higher the potential you’ll need to find an informal solution that protects your company without the time and expense of litigation. While a seasoned litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.
Q: My business in Alpine Meadows has just been sued. Things I need to learn about the civil litigation process?
If your business has just been sued, the very first thing you may need to do is make sure you have a clear understanding on the deadlines that apply in your case. You will need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, for anyone who is going to challenge specific difficulties using the complaint, you may need to have to meet a precise deadline with regard to these challenges also.
At this point, your business also needs to initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files inside the ordinary course of organization.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also typically involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant to the litigation, and meeting your production obligation is often just about the most onerous aspects on the litigation process. However, you will discover a variety of grounds for challenging discovery requests in civil litigation, and your attorneys is going to be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) ways you can use the discovery procedure to acquire leverage inside the litigation.
Q: We took action against a previous employee who breached privacy, and now we are facing a lawsuit and also a public relations nightmare. What possibilities do we’ve got available?
This is a potentially difficult scenario, and one that requires a swift and strategic method. Even though corporations need to have to take adequate actions to guard their proprietary data, they also need to have to be cognizant of your 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 by means of 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 range of elements, which includes the scope in the deficiency plus the possible effects on the litigation. In instances of intentional failure or gross negligence, providers can face substantial sanctions; including a possible “negative inference” primarily based upon the perceived desire to keep specific facts from the other party. Instituting and internally enforcing an appropriate litigation hold is really a required a part of the litigation method, and it really is anything that all companies should do in great faith and with the guidance of knowledgeable litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a corporation that’s already facing a federal investigation?
Yes. In actual fact, it truly is frequent 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 business, we are able to assist you seek legal remedies 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 critical importance to possess counsel who can represent you in both matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
A further widespread scenario where private action can bring about 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 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 generally filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from being filed.
Q: When do I ought to contemplate taking legal action to protect my company?
As we talked about earlier, should you are facing any prospective business dispute with legal implications, in search of legal tips promptly is often the most beneficial technique to prevent costly and contentious litigation down the line. Some examples of scenarios exactly where it’ll frequently 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