Just what is Civil Litigation and an attorney serving Acalanes Ridge, California to help you?
Civil litigation is the procedure by 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. Instead of a case being a person versus the government, like in 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to consult an attorney at law about potential civil litigation?
When worried that a company dispute will lead to formal legal action, it is critical that you discuss your own choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there is certainly other less-costly available options also. The sooner you get litigation counsel involved, the better the possibility you will need to find an informal solution that protects your business without the time and expense of litigation. While a highly trained litigator will be able to assert your company’s rights in 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 Acalanes Ridge has just been sued. What exactly do I need to find out about the civil litigation process?
If your organization has just been sued, the first thing you need to accomplish is be sure to have a clear understanding from the deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge certain difficulties using the complaint, you could need to have to meet a certain deadline with regard to these challenges as well.
At this point, your organization also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that may perhaps potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it might also be essential to suspend existing records-management protocols – which includes these that involve the deletion or overwriting of electronic files in the ordinary course of small business.
In addition to pre-trial motions, hearings, and settlement negotiations, complex 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 for the litigation, and meeting your production obligation could be just about the most onerous elements of the litigation approach. Even so, you can find a variety of grounds for challenging discovery requests in civil litigation, and your attorneys will probably be in a position to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) approaches you are able to use the discovery method to get leverage in the litigation.
Q: We took action against a previous employee who violated confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What selections do we’ve got available?
This can be a potentially difficult circumstance, and one that demands a swift and strategic approach. Though corporations want to take sufficient measures to defend their proprietary data, they also will 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 organization, they are matters that will be addressed through 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 will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon several different things, including the scope on the deficiency as well as the potential effects on the litigation. In situations of intentional failure or gross negligence, firms can face significant sanctions; including a possible “negative inference” primarily based upon the perceived desire to help keep specific facts in the other party. Instituting and internally enforcing an proper litigation hold can be a important part of the litigation approach, and it’s one thing that all corporations need to do in good faith and together with the guidance of skilled litigation counsel.
Q: Is it doable to pursue federal civil litigation against a enterprise which is already facing a federal investigation?
Yes. In fact, it is frequent for corporations 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 can allow you to seek legal treatments in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in both proceedings. In the latter situation, it might be of important 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).
An additional popular scenario where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created 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 frequently filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. If your company is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from getting filed.
Q: When do I have to contemplate taking legal action to protect my company?
As we pointed out earlier, for those who are facing any prospective organization dispute with legal implications, seeking legal assistance promptly is usually the ideal technique to keep away from costly and contentious litigation down the line. Some examples of conditions where it is going to typically be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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