What is Civil Litigation and an attorney at law serving Acalanes Ridge, California to assist you?
Civil litigation is the procedure through which civil matters are fixed in a court of law. Civil matters can be defined as situations dealing with relationships between people, for example a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, as in a criminal matter, civil cases are any person 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to refer to an attorney at law about potential civil litigation?
Any time you are troubled that a company dispute will swiftly lead to formal legal action, it is crucial that you talk about the possible choices with federal litigation counsel. While legal action can be a way to deal with a dispute, there is certainly other less-costly alternatives too. The earlier you get litigation counsel involved, the higher the opportunity you’ll have to find an informal solution that protects your company without the time and expense of litigation. While a skilled litigator can assert your company’s rights in court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Acalanes Ridge has just been sued. Exactly what do I need to find out about the civil litigation process?
If your business has just been sued, the very first thing you’ll need to perform is be sure to have a clear understanding of your deadlines that apply within your case. You need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you are going to challenge specific difficulties with the complaint, you could need to have to meet a particular deadline with regard to these challenges too.
At this point, your firm also needs to initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that may possibly potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend present records-management protocols – like these that involve the deletion or overwriting of electronic files within the ordinary course of small business.
Along with pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also typically involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant towards the litigation, and meeting your production obligation can be just about the most onerous aspects from the litigation approach. On the other hand, you will find a variety of grounds for difficult discovery requests in civil litigation, and your attorneys will probably be able to advise you of each (i) techniques for limiting your company’s discovery obligations, and (ii) strategies you are able to make use of the discovery process to achieve leverage in the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we’re facing a lawsuit as well as a public relations nightmare. What options do we have available?
That is a potentially challenging situation, and one that calls for a swift and strategic approach. Even though organizations need to have to take sufficient measures to protect their proprietary facts, they also need to become cognizant with 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 corporation, they are matters that may be addressed through formal legal procedures. If your company’s image is getting battered inside 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 several different aspects, like the scope of your deficiency and also the potential effects on the litigation. In instances 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 facts from the other celebration. Instituting and internally enforcing an suitable litigation hold is a required part of the litigation approach, and it really is anything that all providers need to do in excellent faith and with all the guidance of skilled litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a organization that is currently facing a federal investigation?
Yes. The truth is, it’s widespread 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 are able to make it easier to seek legal remedies in court. Conversely, when you are facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Inside the latter situation, it may be of critical value to have counsel who can represent you in both matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).
Yet another 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 made 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 financial penalties the government collects. Qui tam actions are typically filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your firm is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from being filed.
Q: When do I have to take into consideration taking legal action to defend my company?
As we talked about earlier, in the event you are facing any possible company dispute with legal implications, seeking legal assistance promptly is usually the ideal technique to stay clear of costly and contentious litigation down the line. Some examples of conditions exactly where it is going to typically be advisable to engage litigation counsel to conduct a case assessment involve:
- 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