What’s Civil Litigation and an attorney at law serving Alta Sierra Estates, California to help you out?
Civil litigation is the method wherein civil matters are settled in a court of law. Civil matters can be described as scenarios dealing with relationships between people, such as 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 somebody else 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 speak to an attorney at law about potential civil litigation?
Any time you are troubled that a business dispute could eventually lead to formal legal action, it is vital that you talk about the possible choices with federal litigation counsel. While a lawsuit is certainly one way to approach a dispute, there are other less-costly available choices also. The quicker you get litigation counsel included, the greater the probability you’ll have to find an informal solution that protects your company without the time and expense of litigation. While a professional 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 Alta Sierra Estates has just been sued. Things I need to know about the civil litigation process?
If your business enterprise has just been sued, the first thing you’ll need to do is be sure to possess a clear understanding of your deadlines that apply in your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, for anyone who is going to challenge particular challenges using the complaint, you could want to meet a specific deadline with regard to these challenges too.
At this point, your corporation also must initiate a “litigation hold.” This can be a systematic procedure of preserving hardcopy and electronic records that may possibly potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files inside the ordinary course of company.
Along with pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also often involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation could be just about the most onerous elements of your litigation method. Nonetheless, you will find various grounds for difficult discovery requests in civil litigation, and your attorneys will be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) strategies it is possible to make use of the discovery process to achieve leverage within the litigation.
Q: We took action against a previous employee who violated confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What choices do we have available?
That is a potentially difficult scenario, and a single that calls for a swift and strategic strategy. Even though companies want to take sufficient actions to protect their proprietary information and facts, additionally they require 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 business, they are matters which will be addressed through formal legal procedures. In case your company’s image is getting battered in 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 rely upon a number of components, such as the scope on the deficiency as well as the potential effects around the litigation. In situations of intentional failure or gross negligence, organizations can face significant sanctions; such as a potential “negative inference” primarily based upon the perceived need to maintain certain information in the other party. Instituting and internally enforcing an appropriate litigation hold is usually a needed part of the litigation process, and it’s some thing that all corporations have to do in superior faith and using the guidance of knowledgeable litigation counsel.
Q: Is it probable to pursue federal civil litigation against a firm which is already facing a federal investigation?
Yes. In fact, it truly is prevalent for businesses 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 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 using a civil complaint, we are able to represent you in each proceedings. Inside the latter situation, it might be of important significance to possess counsel who can represent you in each matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).
A further common situation exactly where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. In 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 obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former employees and competitors with ulterior motives, and with tiny (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 prevent charges from being filed.
Q: When do I must contemplate taking legal action to defend my company?
As we mentioned earlier, for those who are facing any prospective business dispute with legal implications, seeking legal suggestions promptly could be the best method to prevent pricey and contentious litigation down the line. Some examples of conditions where it’ll typically 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