Just what is Civil Litigation and an attorney servicing Alford Place, California that will help you?
Civil litigation is the method where civil matters are fixed in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, like a marriage, or a contract dispute between businesses. Instead of a case being a person versus the government, as in a criminal matter, civil cases are an individual or business 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 to consult an attorney about potential civil litigation?
Any time you are nervous that a business dispute will lead to formal legal action, it is important that you discuss your own options with federal litigation counsel. While legal action is just one way to approach a dispute, there could be other less-costly options available too. The sooner you get litigation counsel included, the better the likelihood you’ll need to find an informal solution that protects your business without the time and expense of litigation. While a professional litigator will assert your company’s rights in the courtroom, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Alford Place has just been sued. Things I need to learn about the civil litigation process?
In case your small business has just been sued, the very first thing you’ll need to do is be sure you have a clear understanding of your deadlines that apply inside your case. You will need to respond towards the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you’re going to challenge specific difficulties with the complaint, you could possibly will need to meet a particular deadline with regard to these challenges also.
At this point, your company also needs to initiate a “litigation hold.” This is a systematic course of action of preserving hardcopy and electronic records that could potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it might also be necessary to suspend existing records-management protocols – like these that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex business disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation might be just about the most onerous aspects of your litigation method. However, you’ll find several grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) approaches it is possible to use the discovery method to gain leverage inside the litigation.
Q: We took action against a previous worker who violated confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What alternatives do we’ve got available?
This can be a potentially challenging situation, and a single that needs a swift and strategic method. Although businesses have to have to take sufficient measures to protect their proprietary data, additionally they will need to be cognizant in 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 company, they are matters which 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a number of aspects, which includes the scope with the deficiency plus the prospective effects on the litigation. In cases of intentional failure or gross negligence, corporations can face substantial sanctions; which includes a prospective “negative inference” based upon the perceived need to maintain specific information and facts from the other party. Instituting and internally enforcing an proper litigation hold is often a required a part of the litigation approach, and it can be some thing that all businesses really need to do in very good faith and with the guidance of seasoned litigation counsel.
Q: Is it possible to pursue federal civil litigation against a company that is definitely currently facing a federal investigation?
Yes. In reality, it really is popular for organizations 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 enterprise, we can enable you to seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Within the latter situation, it may be of important significance to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially impact your government investigation (and vice versa).
An additional frequent 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 when the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are often 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 are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from getting filed.
Q: When do I really need to consider taking legal action to safeguard my company?
As we described earlier, when you are facing any possible business enterprise dispute with legal implications, searching for legal suggestions promptly could be the best technique to keep away from expensive and contentious litigation down the line. Some examples of conditions where it’s going to 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