Specifically what is Civil Litigation and an attorney at law serving Alta, California to assist you to?
Civil litigation is the procedure in which civil matters are solved in a courtroom. Civil matters can be defined as cases dealing with relationships between people, for instance a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, as in a criminal matter, civil cases are a 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 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 nervous that a company dispute will swiftly lead to formal legal action, it is vital that you talk about your own options with federal litigation counsel. While legal action can be a way to approach a dispute, there might be other less-costly available choices also. The earlier you get litigation counsel engaged, the greater the opportunity you will have to find an informal solution that protects your business without the time and expense of litigation. While a seasoned litigator will assert your company’s rights in court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Alta has just been sued. Things I need to find out about the civil litigation process?
If your company has just been sued, the very first thing you’ll need to do is be sure you have a clear understanding on the deadlines that apply within your case. You need to respond towards the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, when you are going to challenge specific troubles together with the complaint, you might need to meet a specific deadline with regard to these challenges at the same time.
At this point, your firm also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated business enterprise disputes also often involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation is often just about the most onerous aspects with the litigation process. Nevertheless, you can find numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be in a position to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) techniques you are able to use the discovery course of action to acquire leverage within the litigation.
Q: We took action against a former employee who violated privacy, and now we are facing a lawsuit along with a public relations nightmare. What possibilities do we have available?
This really is a potentially difficult scenario, and a single that needs a swift and strategic strategy. While corporations require to take adequate methods to defend their proprietary info, they also will need to become cognizant of your 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 corporation, these are matters which will be addressed through formal legal procedures. In case your company’s image is becoming battered in 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 a range of factors, which includes the scope with the deficiency along with the prospective effects around the litigation. In circumstances of intentional failure or gross negligence, companies can face important sanctions; like a potential “negative inference” primarily based upon the perceived desire to help keep certain information and facts from the other party. Instituting and internally enforcing an proper litigation hold can be a needed part of the litigation process, and it really is something that all companies have to do in excellent faith and together with the guidance of seasoned litigation counsel.
Q: Is it possible to pursue federal civil litigation against a firm that is already facing a federal investigation?
Yes. Actually, it’s frequent for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your company, we are able to help you seek legal treatments in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Inside the latter scenario, it may be of essential value to have counsel who can represent you in both matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).
Yet another common scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and if the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former employees and competitors with ulterior motives, and with little (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 stop charges from being filed.
Q: When do I should consider taking legal action to guard my company?
As we talked about earlier, should you are facing any prospective enterprise dispute with legal implications, looking for legal suggestions promptly is often the ideal way to stay clear of pricey and contentious litigation down the line. Some examples of scenarios where it’ll frequently 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