What is Civil Litigation and an attorney at law servicing Alta Vista, California that can assist you?
Civil litigation is the method wherein civil matters are settled in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, perhaps a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, such as a criminal matter, civil cases are a person 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to visit an attorney at law about potential civil litigation?
When nervous that a company dispute will lead to formal legal action, it is critical that you discuss your own choices with federal litigation counsel. While legal action is certainly one way to address a dispute, there is certainly other less-costly options available also. The earlier you get litigation counsel included, the greater the potential you will need to find an informal solution that protects your company without the time and expense of litigation. While a highly skilled litigator can assert your company’s rights in the court, he or she should also be able to help you out explore alternatives that actually do not involve setting course for trial.
Q: My business in Alta Vista has just been sued. Exactly what do I need to learn about the civil litigation process?
If your business has just been sued, the very first thing you will need to do is make sure you have a clear understanding in the deadlines that apply inside your case. You’ll need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, in case you are going to challenge certain concerns together with the complaint, you may will need to meet a certain deadline with regard to these challenges at the same time.
At this point, your organization also must initiate a “litigation hold.” This is a systematic course of action of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel must be advised accordingly, and it may also be essential to suspend existing records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
Along 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 are relevant towards the litigation, and meeting your production obligation might be probably the most onerous aspects in the litigation process. Nonetheless, there are actually a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) ways you’ll be able to make use of the discovery approach to get leverage inside the litigation.
Q: We took action against a former member of staff who breached privacy, and now we are facing a lawsuit and a public relations nightmare. What choices do we have available?
This is a potentially difficult circumstance, and 1 that needs a swift and strategic method. Although organizations need to take adequate steps to shield their proprietary data, additionally they want to become cognizant on the sensible 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 will be addressed by means of formal legal procedures. If 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 depend upon a range of factors, which includes the scope with the deficiency and the possible effects on the litigation. In circumstances of intentional failure or gross negligence, firms can face significant sanctions; including a possible “negative inference” based upon the perceived desire to maintain specific details in the other party. Instituting and internally enforcing an proper litigation hold is actually a required part of the litigation course of action, and it truly is some thing that all organizations should do in good faith and with the guidance of skilled litigation counsel.
Q: Is it doable to pursue federal civil litigation against a corporation that is certainly already facing a federal investigation?
Yes. In truth, it’s frequent for businesses 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 business, we are able to assist you to seek legal remedies in court. Conversely, in case you are facing a federal investigation and have also been served with a civil complaint, we are able to represent you in both proceedings. Within the latter scenario, it might be of crucial value to possess counsel who can represent you in both matters, as choices you make in your civil case can potentially effect your government investigation (and vice versa).
One more popular situation exactly where private action can bring about 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 when 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 often filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to stop charges from becoming filed.
Q: When do I should think about taking legal action to safeguard my company?
As we pointed out earlier, when you are facing any possible small business dispute with legal implications, in search of legal tips promptly might be the best method to prevent pricey and contentious litigation down the line. Some examples of conditions exactly where it’ll frequently 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