Exactly what is Civil Litigation and an attorney servicing Alta Sierra, California to assist you to?
Civil litigation is the procedure where civil matters are resolved in a courtroom. Civil matters can be described as circumstances dealing with relationships between people, like a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as with a criminal matter, civil cases are any person or business filing suit against somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Answers to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to contact an attorney about potential civil litigation?
When concerned that a business dispute could eventually lead to formal legal action, it is important that you discuss your own options with federal litigation counsel. While legal action can be a way to deal with a dispute, there is certainly other less-costly options available also. 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 skilled litigator can assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that do not involve setting course for trial.
Q: My business in Alta Sierra has just been sued. What / things I need to learn about the civil litigation process?
If your business has just been sued, the very first thing you need to accomplish is be sure to possess a clear understanding on the deadlines that apply in 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 difficulties using the complaint, you might need to have to meet a certain deadline with regard to these challenges as well.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may perhaps potentially be discoverable within 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 inside the ordinary course of business enterprise.
As well as pre-trial motions, hearings, and settlement negotiations, complex company 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 to the litigation, and meeting your production obligation could be probably the most onerous elements of the litigation course of action. Nevertheless, there are numerous grounds for difficult discovery requests in civil litigation, and your attorneys might be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) ways you can use the discovery method to get leverage inside the litigation.
Q: We took action against a previous worker who breached confidentiality, and now we’re facing a lawsuit along with a public relations nightmare. What choices do we’ve got available?
That is a potentially difficult circumstance, and a single that needs a swift and strategic approach. Whilst corporations have to have to take adequate methods to protect their proprietary information, in addition they need to be cognizant from 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 company, they are matters which will be addressed by way of formal legal procedures. In case your company’s image is getting battered within 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 depend upon a number of components, which includes the scope on the deficiency and also the potential effects on the litigation. In situations of intentional failure or gross negligence, corporations can face important sanctions; including a prospective “negative inference” primarily based upon the perceived need to maintain certain information and facts from the other party. Instituting and internally enforcing an proper litigation hold is a needed part of the litigation approach, and it is actually one thing that all businesses need to do in great faith and with all the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a business that’s currently facing a federal investigation?
Yes. The truth is, it can be widespread for corporations 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 company, we can make it easier to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. In the latter situation, it might be of critical importance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).
A different frequent scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and when the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other financial 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 organization is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from becoming filed.
Q: When do I ought to take into consideration taking legal action to safeguard my company?
As we talked about earlier, if you are facing any prospective business enterprise dispute with legal implications, in search of legal guidance promptly may be the most effective method to stay clear of pricey and contentious litigation down the line. Some examples of circumstances where it’ll commonly be advisable to engage litigation counsel to conduct a case assessment contain:
- 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