Just what is Civil Litigation and an attorney at law serving Vina, California to help you out?
Civil litigation is the method wherein civil matters are settled in a court of law. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, like 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
Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney at law about potential civil litigation?
Any time you are worried that a business dispute might lead to formal legal action, it is essential that you discuss your own possible choices with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there are other less-costly alternatives available too. The quicker you get litigation counsel involved, the greater the potential you will have to find an informal solution that protects your company without the time and money of litigation. While a knowledgeable litigator will assert your company’s rights in the courtroom, 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 Vina has just been sued. Just what do I need to learn about the civil litigation process?
If your enterprise has just been sued, the first thing you may need to accomplish is make sure you possess a clear understanding of your deadlines that apply inside your case. You’ll need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, for anyone who is going to challenge particular concerns using the complaint, you could will need to meet a specific deadline with regard to these challenges too.
At this point, your enterprise also needs to initiate a “litigation hold.” This can be a systematic method 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 essential to suspend current records-management protocols – such as those that involve the deletion or overwriting of electronic files in the ordinary course of organization.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also generally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant to the litigation, and meeting your production obligation could be probably the most onerous aspects of your litigation course of action. On the other hand, there are different grounds for difficult discovery requests in civil litigation, and your attorneys is going to be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) techniques you’ll be able to use the discovery method to gain leverage inside the litigation.
Q: We took action against a previous member of staff who breached confidentiality, and now we’re facing a lawsuit as well as a public relations nightmare. What selections do we’ve got available?
This really is a potentially difficult predicament, and 1 that requires a swift and strategic strategy. When businesses require to take sufficient actions to safeguard their proprietary facts, in addition they need to have to become cognizant with the practical 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 company, they are matters which can be addressed via formal legal procedures. In case your company’s image is being battered within 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 things, which includes the scope on the deficiency along with the prospective effects around the litigation. In situations of intentional failure or gross negligence, corporations can face considerable sanctions; such as a possible “negative inference” based upon the perceived want to keep specific data from the other party. Instituting and internally enforcing an appropriate litigation hold is often a required part of the litigation process, and it really is something that all corporations ought to do in great faith and using the guidance of seasoned litigation counsel.
Q: Is it doable to pursue federal civil litigation against a business that is already facing a federal investigation?
Yes. In actual fact, it can be popular for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your company, we can allow you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Within the latter scenario, it may be of important importance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially effect your government investigation (and vice versa).
Another common scenario exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations made 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 economic penalties the government collects. Qui tam actions are usually filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive evidence. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I ought to contemplate taking legal action to shield my company?
As we described earlier, for those who are facing any prospective enterprise dispute with legal implications, searching for legal tips promptly is often the top approach to stay clear of pricey and contentious litigation down the line. Some examples of situations where it’s going to 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
Civil Lawyers in Vina, California
Last Updated on September 13, 2021