What is Civil Litigation and an attorney serving Alameda Island, California to help you out?
Civil litigation is the procedure through which civil matters are resolved in a courtroom. Civil matters can be described as circumstances dealing with relationships between people, for instance a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, such as 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to discuss with an attorney about potential civil litigation?
When concerned that a company dispute will lead to formal legal action, it is crucial that you discuss your own options with federal litigation counsel. While a lawsuit can be a way to deal with a dispute, there is certainly other less-costly alternatives also. The quicker you get litigation counsel involved, the better the opportunity you will have to find an informal solution that protects your business without the time and money of litigation. While a highly trained litigator can assert your company’s rights in court, 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 Alameda Island has just been sued. What / things I need to learn about the civil litigation process?
In case your organization has just been sued, the very first thing you will need to complete is ensure you have a clear understanding of the deadlines that apply in your case. You may need to respond for the plaintiff’s complaint within the timeframe specified beneath the applicable court guidelines (state or federal); and, if you are going to challenge certain problems with the complaint, you could need to meet a particular deadline with regard to these challenges also.
At this point, your corporation also needs to initiate a “litigation hold.” This is a systematic course of action of preserving hardcopy and electronic records that may perhaps potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it might also be essential to suspend current records-management protocols – including these that involve the deletion or overwriting of electronic files in the ordinary course of enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant to the litigation, and meeting your production obligation might be probably the most onerous elements of your litigation process. Even so, you will find various grounds for difficult discovery requests in civil litigation, and your attorneys might be in a position to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) techniques you could make use of the discovery process to achieve leverage in the litigation.
Q: We took action against a previous worker who breached confidentiality, and now we’re facing a lawsuit and also a public relations nightmare. What solutions do we’ve got available?
This is a potentially challenging predicament, and 1 that demands a swift and strategic strategy. Even though corporations need to take sufficient actions to protect their proprietary facts, they also need to have to be cognizant from 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 business, they are matters that can be addressed by means of formal legal procedures. In case your company’s image is becoming 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 many different elements, including the scope from the deficiency plus the prospective effects on the litigation. In instances of intentional failure or gross negligence, providers can face significant sanctions; which includes a possible “negative inference” based upon the perceived need to keep particular information from the other celebration. Instituting and internally enforcing an appropriate litigation hold is often a needed a part of the litigation course of action, and it really is something that all providers need to do in very good faith and with all the guidance of experienced litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a corporation that is currently facing a federal investigation?
Yes. In reality, it’s prevalent for providers that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your company, we are able to assist you to seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. In the latter situation, it may be of critical value to possess counsel who can represent you in each matters, as decisions you make inside your civil case can potentially effect your government investigation (and vice versa).
One more widespread situation where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your firm 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 being filed.
Q: When do I should contemplate taking legal action to safeguard my company?
As we described earlier, when you are facing any prospective organization dispute with legal implications, in search of legal suggestions promptly is often the ideal approach to avoid pricey and contentious litigation down the line. Some examples of circumstances exactly where it’ll normally be advisable to engage litigation counsel to conduct a case assessment involve:
- 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