Exactly what is Civil Litigation and an attorney at law servicing Alderpoint, California that will help you?
Civil litigation is the method where civil matters are resolved 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. Rather than a case being a person versus the government, such as a criminal matter, civil cases are a person or company filing suit against another individual 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 consult an attorney at law about potential civil litigation?
When anxious that a business dispute may ultimately lead to formal legal action, it is critical that you talk about the options with federal litigation counsel. While legal action is just one way to address a dispute, there are other less-costly options available as well. The quicker 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 money of litigation. While a knowledgeable litigator will assert your company’s rights in the court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Alderpoint has just been sued. Just what do I need to understand about the civil litigation process?
If your enterprise has just been sued, the first thing you’ll need to do is ensure you possess a clear understanding from the deadlines that apply within your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified under the applicable court rules (state or federal); and, in case you are going to challenge particular troubles together with the complaint, you might need to have to meet a certain deadline with regard to these challenges also.
At this point, your business also needs to initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may well potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it might also be necessary to suspend present records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of organization.
As well as 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 which are relevant towards the litigation, and meeting your production obligation can be just about the most onerous aspects in the litigation approach. Nonetheless, there are actually a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys will be able to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) ways you can use the discovery process to obtain leverage in the litigation.
Q: We took action against a former member of staff who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What choices do we’ve got available?
This can be a potentially challenging predicament, and one particular that demands a swift and strategic strategy. While organizations need to take adequate measures to protect their proprietary info, they also need to have to be cognizant from 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 company, these are matters that could be addressed through formal legal procedures. If your company’s image is getting battered in the public arena, we are able to 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 depend upon a number of factors, like the scope on the deficiency as well as the prospective effects on the litigation. In instances of intentional failure or gross negligence, businesses can face important sanctions; including a prospective “negative inference” primarily based upon the perceived need to help keep specific facts from the other celebration. Instituting and internally enforcing an suitable litigation hold can be a important a part of the litigation course of action, and it truly is something that all businesses need to do in superior faith and with all the guidance of experienced litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a business that’s already facing a federal investigation?
Yes. In actual fact, it’s widespread for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If yet another company’s illegal conduct has harmed your company, we can enable you to seek legal remedies in court. Conversely, should you be 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 might be of essential importance to have counsel who can represent you in each matters, as choices you make in your civil case can potentially effect your government investigation (and vice versa).
One more prevalent situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made 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 often filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your organization 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 guard my company?
As we described earlier, when you are facing any potential small business dispute with legal implications, looking for legal guidance promptly might be the best solution to avoid costly and contentious litigation down the line. Some examples of conditions exactly where it’s going to commonly 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