Specifically what is Civil Litigation and an attorney at law serving Montgomery, California that will help you?
Civil litigation is the process through which civil matters are fixed in a court of law. Civil matters can be described as scenarios 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 with 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak to an attorney about potential civil litigation?
When worried that a company dispute may ultimately lead to formal legal action, it is crucial that you talk about your choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there could be other less-costly available options too. The quicker you get litigation counsel involved, the greater the probability you’ll need to find an informal solution that protects your company without the time and money of litigation. While a seasoned litigator will assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Montgomery has just been sued. What / things I need to understand about the civil litigation process?
If your company has just been sued, the very first thing you will need to accomplish is be sure you possess a clear understanding on the deadlines that apply in your case. You need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, for anyone who is going to challenge specific issues using the complaint, you may will need to meet a distinct deadline with regard to these challenges too.
At this point, your corporation also must initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend present records-management protocols – which includes these that involve the deletion or overwriting of electronic files within the ordinary course of business.
In addition to pre-trial motions, hearings, and settlement negotiations, complex 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 which might be relevant for the litigation, and meeting your production obligation might be just about the most onerous elements of your litigation process. Nonetheless, there are many grounds for difficult discovery requests in civil litigation, as well as your attorneys will be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) techniques it is possible to make use of the discovery procedure to get leverage in the litigation.
Q: We took action against a previous employee who breached confidentiality, and now we’re facing a lawsuit and a public relations nightmare. What options do we have available?
This really is a potentially difficult circumstance, and one that needs a swift and strategic approach. Although companies have to have to take adequate actions to protect their proprietary info, in addition they 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 business, they are matters which will be addressed via 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a variety of factors, which includes the scope from the deficiency along with the prospective effects on the litigation. In situations of intentional failure or gross negligence, organizations can face significant sanctions; like a possible “negative inference” based upon the perceived want to maintain specific details from the other celebration. Instituting and internally enforcing an acceptable litigation hold is a important part of the litigation process, and it’s a thing that all organizations should 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’s currently facing a federal investigation?
Yes. In actual fact, it’s frequent for providers 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 enterprise, we can help you seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. In the latter scenario, it may be of essential value to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially effect your government investigation (and vice versa).
A different widespread situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In 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 acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are frequently filed by disgruntled former personnel 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 in the government’s investigation and seek to stop charges from getting filed.
Q: When do I must consider taking legal action to safeguard my company?
As we pointed out earlier, in the event you are facing any potential business enterprise dispute with legal implications, in search of legal tips promptly may be the most effective approach to prevent costly and contentious litigation down the line. Some examples of situations exactly where it’s going to generally 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
Civil Law Attorney in Montgomery, California
Last Updated on September 13, 2021