Just what is Civil Litigation and an attorney serving Alemandra, California that will help you?
Civil litigation is the method in which civil matters are fixed in a courtroom. Civil matters can be defined as cases dealing with relationships between people, like a marriage, or a contract dispute between firms. Rather than a case being a person versus the government, like 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 speak with an attorney about potential civil litigation?
Any time you are anxious that a business dispute will 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 approach a dispute, there might be other less-costly available options too. The sooner you get litigation counsel included, the better the probability you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a professional litigator will be able to assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Alemandra has just been sued. What / things I need to find out about the civil litigation process?
If your enterprise has just been sued, the very first thing you need to accomplish is be sure you possess a clear understanding from the deadlines that apply in your case. You will need to respond towards the plaintiff’s complaint within the timeframe specified under the applicable court guidelines (state or federal); and, for anyone who is going to challenge certain troubles using the complaint, you could need to have to meet a specific deadline with regard to these challenges at the same time.
At this point, your corporation also needs to initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be necessary to suspend current records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of company.
As well as pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also normally 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 might be just about the most onerous elements in the litigation method. Even so, there are actually numerous grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you can use the discovery procedure to achieve leverage within the litigation.
Q: We took action against a previous worker who breached confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What alternatives do we have available?
This is a potentially challenging situation, and 1 that demands a swift and strategic approach. Whilst corporations require to take sufficient methods to guard their proprietary info, additionally they want to be cognizant with 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 firm, these are matters which will be addressed by way of formal legal procedures. If your company’s image is getting battered in the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a variety of elements, such as the scope on the deficiency as well as the prospective effects on the litigation. In instances of intentional failure or gross negligence, firms can face significant sanctions; such as a potential “negative inference” primarily based upon the perceived need to keep certain details in the other party. Instituting and internally enforcing an acceptable litigation hold is actually a vital a part of the litigation method, and it is actually one thing that all businesses must do in great faith and with the guidance of skilled litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a business that is certainly currently facing a federal investigation?
Yes. The truth is, it really is frequent 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 are able to allow you to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. In the latter scenario, it might be of critical significance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially influence your government investigation (and vice versa).
An additional prevalent situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and if 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 frequently filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. If your business is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from becoming filed.
Q: When do I ought to take into account taking legal action to shield my company?
As we pointed out earlier, for those who are facing any possible organization dispute with legal implications, looking for legal advice promptly might be the most effective solution to steer clear of costly and contentious litigation down the line. Some examples of scenarios where it’ll 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