Specifically what is Civil Litigation and an attorney servicing North Landing, California to assist you?
Civil litigation is the procedure through which civil matters are solved in a courtroom. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, like a criminal matter, civil cases are an individual 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to seek advice from an attorney at law about potential civil litigation?
Any time you are troubled that a business dispute may ultimately lead to formal legal action, it is important that you discuss your own choices with federal litigation counsel. While a lawsuit is just one way to address a dispute, there may be other less-costly solutions as well. The quicker you get litigation counsel included, the greater the possibility you will need to find an informal solution that protects your company 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 to explore alternatives that do not involve setting course for trial.
Q: My business in North Landing has just been sued. Just what do I need to know about the civil litigation process?
If your enterprise has just been sued, the first thing you need to complete is be sure you possess a clear understanding with the deadlines that apply inside your case. You may need to respond to the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge certain challenges together with the complaint, you could want to meet a certain deadline with regard to these challenges too.
At this point, your company also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend current records-management protocols – such as these that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex company disputes also frequently involve voluminous electronic discovery. Both 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 may be just about the most onerous elements with the litigation process. However, there are many grounds for difficult discovery requests in civil litigation, and your attorneys will be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) approaches you’ll be able to use the discovery method to achieve leverage in the litigation.
Q: We took action against a former worker who breached confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What choices do we have available?
This can be a potentially difficult predicament, and one particular that demands a swift and strategic approach. Although organizations want to take adequate methods to protect their proprietary data, they also want to become cognizant on the sensible implications of suing a disgruntled former employee in today’s planet 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, they are matters which can be addressed via formal legal procedures. In case your company’s image is being 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 many different things, which includes the scope on the deficiency plus the possible effects on the litigation. In situations of intentional failure or gross negligence, providers can face important sanctions; which includes a possible “negative inference” based upon the perceived wish to help keep particular information and facts from the other celebration. Instituting and internally enforcing an appropriate litigation hold is actually a vital part of the litigation process, and it is some thing that all providers really need to do in very good faith and together with the guidance of experienced litigation counsel.
Q: Is it probable to pursue federal civil litigation against a organization which is already facing a federal investigation?
Yes. In reality, it is actually common for organizations 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 enterprise, we can help you 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 each proceedings. In the latter scenario, it might be of important significance to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).
An additional widespread situation exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are normally filed by disgruntled former staff and competitors with ulterior motives, and with little (if any) substantive evidence. If your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from getting filed.
Q: When do I need to think about taking legal action to shield my company?
As we pointed out earlier, for those who are facing any prospective business enterprise dispute with legal implications, seeking legal suggestions promptly could be the top strategy to stay away from costly and contentious litigation down the line. Some examples of circumstances exactly where it’s going to commonly 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
Civil Law Attorneys in North Landing, California
Last Updated on September 13, 2021