What is Civil Litigation as well as an attorney serving Alpine Village, California that can assist you?
Civil litigation is the procedure by which civil matters are fixed in a court of law. Civil matters can be described as situations dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like 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
Answers to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to seek advice from an attorney at law about potential civil litigation?
When anxious that a company dispute will swiftly lead to formal legal action, it is essential that you talk about the choices with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there are other less-costly solutions too. The quicker you get litigation counsel involved, the higher the likelihood you will have to find an informal solution that protects your business without the time and expense of litigation. While a seasoned litigator can assert your company’s rights in the courtroom, he or she should also be able to help you out explore alternatives that do not involve setting course for trial.
Q: My business in Alpine Village 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 will need to do is be sure to possess a clear understanding of your deadlines that apply within your case. You will need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, in case you are going to challenge particular concerns with the complaint, you may have to have to meet a distinct deadline with regard to these challenges at the same time.
At this point, your company also must initiate a “litigation hold.” This is a systematic method of preserving hardcopy and electronic records that could potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it may also be essential to suspend existing records-management protocols – like those that involve the deletion or overwriting of electronic files in the ordinary course of company.
In addition to pre-trial motions, hearings, and settlement negotiations, complex company disputes also typically involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant to the litigation, and meeting your production obligation could be probably the most onerous elements in the litigation method. However, there are actually various grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be in a position to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) techniques it is possible to use the discovery course of action to gain leverage in the litigation.
Q: We took action against a former employee who breached privacy, and now we’re facing a lawsuit plus a public relations nightmare. What possibilities do we’ve got available?
This is a potentially challenging situation, and one particular that needs a swift and strategic method. Even though corporations want to take adequate methods to safeguard their proprietary details, in addition they need to become cognizant of your practical implications of suing a disgruntled former employee in today’s world 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, they are matters that can be addressed by means of formal legal procedures. If your company’s image is getting battered within 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 rely upon various things, which includes the scope of the deficiency plus the possible effects on the litigation. In situations of intentional failure or gross negligence, firms can face substantial sanctions; including a prospective “negative inference” primarily based upon the perceived wish to help keep certain information and facts in the other party. Instituting and internally enforcing an proper litigation hold is usually a needed a part of the litigation process, and it truly is anything that all companies must do in superior faith and with the guidance of knowledgeable litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a company that is definitely currently facing a federal investigation?
Yes. The truth is, it can be prevalent for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your business, we are able to assist you seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. In the latter situation, it might be of vital importance to possess counsel who can represent you in each matters, as decisions you make inside your civil case can potentially effect your government investigation (and vice versa).
One more typical scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced by a private citizen (referred to 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 economic penalties the government collects. Qui tam actions are often filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive proof. If your enterprise is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from getting filed.
Q: When do I ought to think about taking legal action to guard my company?
As we described earlier, in the event you are facing any possible business dispute with legal implications, in search of legal guidance promptly could be the very best technique to stay away from expensive and contentious litigation down the line. Some examples of situations where it can 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