What is Civil Litigation as well as an attorney at law serving Alabama Hill, California to assist you?
Civil litigation is the process where civil matters are solved in a court of law. Civil matters can be defined as situations dealing with relationships between people, for example a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, like in a criminal matter, civil cases are a person or company 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to talk with an attorney about potential civil litigation?
When troubled that a company dispute may ultimately lead to formal legal action, it is critical that you talk about your options with federal litigation counsel. While legal action is certainly one way to approach a dispute, there might be other less-costly options available as well. The earlier you get litigation counsel included, the higher the opportunity you’ll have to find an informal solution that protects your business without the time and money of litigation. While a highly trained litigator will be able to assert your company’s rights in the 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 Alabama Hill has just been sued. Things I need to find out about the civil litigation process?
If your organization has just been sued, the first thing you’ll need to do is ensure you have a clear understanding in the deadlines that apply within your case. You may need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, when you are going to challenge particular troubles with all the complaint, you could possibly have to have to meet a certain deadline with regard to these challenges as well.
At this point, your corporation also needs to initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend current records-management protocols – which includes these that involve the deletion or overwriting of electronic files within the ordinary course of company.
Together with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also generally 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 may be probably the most onerous elements on the litigation approach. On the other hand, there are actually numerous grounds for difficult discovery requests in civil litigation, as well as your attorneys will likely 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 make use of the discovery course of action to achieve leverage inside the litigation.
Q: We took action against a former member of staff who breached privacy, and now we’re facing a lawsuit in addition to a public relations nightmare. What choices do we’ve got available?
That is a potentially challenging situation, and 1 that calls for a swift and strategic strategy. Even though organizations have to have to take adequate steps to shield their proprietary information and facts, in addition they need to become cognizant from the sensible 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 organization, they are matters that will be addressed via formal legal procedures. If your company’s image is being battered in 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 rely upon several different aspects, like the scope of your deficiency plus the possible effects around the litigation. In circumstances of intentional failure or gross negligence, businesses can face important sanctions; including a prospective “negative inference” primarily based upon the perceived wish to keep certain info in the other celebration. Instituting and internally enforcing an acceptable litigation hold is a vital part of the litigation approach, and it is some thing that all corporations ought to do in excellent faith and using the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a firm that is already facing a federal investigation?
Yes. In actual fact, it’s common for corporations 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 business, we can assist you seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we are able to represent you in each proceedings. In the latter situation, it might be of crucial importance to possess counsel who can represent you in both matters, as choices you make inside your civil case can potentially effect your government investigation (and vice versa).
Another prevalent situation exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations created by a private citizen (known 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 usually filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. In case your company is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from getting filed.
Q: When do I must contemplate taking legal action to protect my company?
As we talked about earlier, in the event you are facing any possible business enterprise dispute with legal implications, searching for legal guidance promptly may be the most beneficial method to keep away from expensive and contentious litigation down the line. Some examples of circumstances where it can normally be advisable to engage litigation counsel to conduct a case assessment include things like:
- 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