Exactly what is Civil Litigation as well as an attorney serving Al Tahoe, California that will help you?
Civil litigation is the method where civil matters are resolved in a court of law. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, as 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
Answers to Frequently-Asked Basic 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 concerned that a company dispute could eventually lead to formal legal action, it is critical that you talk about your choices with federal litigation counsel. While a lawsuit can be a way to deal with a dispute, there could be other less-costly solutions as well. The sooner you get litigation counsel involved, the higher the potential you’ll have to find an informal solution that protects your company without the time and expense of litigation. While a knowledgeable litigator will assert your company’s rights in court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Al Tahoe has just been sued. What I need to understand about the civil litigation process?
In case your organization has just been sued, the very first thing you need to perform is be sure to have a clear understanding with the deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, for anyone who is going to challenge certain challenges together with the complaint, you could possibly will need to meet a distinct deadline with regard to these challenges too.
At this point, your corporation 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 might also be necessary to suspend current records-management protocols – such as these that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex organization disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant towards the litigation, and meeting your production obligation is often just about the most onerous elements in the litigation approach. Even so, you can find numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys is going to be able to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) ways you’ll be able to make use of the discovery procedure to acquire leverage inside the litigation.
Q: We took action against a previous employee who violated privacy, and now we are facing a lawsuit in addition to a public relations nightmare. What alternatives do we’ve got available?
This is a potentially difficult circumstance, and one particular that requires a swift and strategic approach. Even though businesses want to take adequate actions to protect their proprietary information and facts, in addition they will need 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 corporation, they are matters that will be addressed by means of formal legal procedures. If your company’s image is being 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a range of components, like the scope of your deficiency plus the potential effects around the litigation. In cases of intentional failure or gross negligence, businesses can face important sanctions; such as a potential “negative inference” primarily based upon the perceived want to keep specific information from the other party. Instituting and internally enforcing an proper litigation hold is really a essential a part of the litigation method, and it’s a thing that all firms must do in fantastic faith and together with the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a company that is definitely already facing a federal investigation?
Yes. The truth is, it really is frequent for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your company, we can enable you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. Inside the latter scenario, it may be of important importance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).
One more common situation where private action can bring about 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 if the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are generally filed by disgruntled former employees and competitors with ulterior motives, and with tiny (if any) substantive proof. If your organization is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to stop charges from becoming filed.
Q: When do I must consider taking legal action to defend my company?
As we described earlier, in the event you are facing any prospective company dispute with legal implications, looking for legal suggestions promptly is often the ideal strategy to steer clear of expensive and contentious litigation down the line. Some examples of circumstances where it is going to frequently be advisable to engage litigation counsel to conduct a case assessment include:
- 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