What exactly is Civil Litigation and an attorney serving Diablo, California that may help you?
Civil litigation is the procedure in which civil matters are resolved in a courtroom. Civil matters can be defined as scenarios dealing with relationships between people, such as a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, like in a criminal matter, civil cases are any 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to consult an attorney about potential civil litigation?
When troubled that a business dispute might lead to formal legal action, it is vital that you discuss the choices with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there can be other less-costly solutions too. The quicker you get litigation counsel included, the greater the opportunity you will need to find an informal solution that protects your company without the time and money of litigation. While an experienced litigator can assert your company’s rights in court, 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 Diablo has just been sued. What I need to understand about the civil litigation process?
In case your organization has just been sued, the first thing you will need to do is be sure to have a clear understanding with the deadlines that apply within your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, if you are going to challenge particular issues with the complaint, you could want to meet a precise deadline with regard to these challenges at the same time.
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 potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of business enterprise.
In addition to pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant towards the litigation, and meeting your production obligation is usually one of the most onerous elements of your litigation course of action. Having said that, you will find a variety of grounds for difficult discovery requests in civil litigation, and your attorneys might be capable to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) techniques you may use the discovery approach to acquire leverage inside the litigation.
Q: We took action against a former worker who breached privacy, and now we’re facing a lawsuit along with a public relations nightmare. What choices do we have available?
This is a potentially difficult scenario, and a single that requires a swift and strategic strategy. Although firms want to take sufficient actions to shield their proprietary data, they also require to become cognizant of the 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 enterprise, they are matters that can be addressed by way of formal legal procedures. If your company’s image is being battered within 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 depend upon many different things, which includes the scope in the deficiency plus the prospective effects on the litigation. In situations of intentional failure or gross negligence, corporations can face substantial sanctions; which includes a prospective “negative inference” based upon the perceived desire to keep certain information in the other celebration. Instituting and internally enforcing an appropriate litigation hold is a essential part of the litigation course of action, and it really is some thing that all organizations must do in superior faith and with all the guidance of experienced litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a organization which is currently facing a federal investigation?
Yes. Actually, it is actually widespread for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your business, we can enable you to seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Inside the latter situation, it may be of vital importance to have counsel who can represent you in each matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
A further common scenario exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are frequently filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive evidence. In case your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from getting filed.
Q: When do I need to take into account taking legal action to defend my company?
As we talked about earlier, in case you are facing any potential enterprise dispute with legal implications, looking for legal tips promptly is often the most beneficial technique to steer clear of costly and contentious litigation down the line. Some examples of circumstances where it will typically be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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 Help in Diablo, California
Last Updated on September 13, 2021