What exactly is Civil Litigation and an attorney servicing Alameda Point, California that will help?
Civil litigation is the procedure in which civil matters are fixed in a court of law. Civil matters can be defined as circumstances dealing with relationships between people, like a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, like in a criminal matter, civil cases are any person or company 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 talk with an attorney about potential civil litigation?
Any time you are anxious that a company dispute will swiftly lead to formal legal action, it is critical that you talk about your own possible choices with federal litigation counsel. While legal action is certainly one way to address a dispute, there might be other less-costly alternatives as well. The quicker you get litigation counsel included, the better the probability you will need to find an informal solution that protects your business without the time and money of litigation. While an experienced litigator will be able to 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 Alameda Point has just been sued. What do I need to know about the civil litigation process?
In case your organization has just been sued, the very first thing you need to perform is be sure to possess a clear understanding on the deadlines that apply within 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, if you are going to challenge specific difficulties using the complaint, you could want to meet a distinct deadline with regard to these challenges also.
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 may potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it may also be essential to suspend current records-management protocols – such as 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 company disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant for the litigation, and meeting your production obligation may be just about the most onerous aspects of your litigation approach. On the other hand, you’ll find many grounds for challenging discovery requests in civil litigation, as well as your attorneys might be able to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you can make use of the discovery process to gain leverage within the litigation.
Q: We took action against a previous employee who violated privacy, and now we are facing a lawsuit plus a public relations nightmare. What selections do we’ve got available?
This is a potentially difficult situation, and 1 that needs a swift and strategic strategy. Though businesses need to have to take sufficient measures to guard their proprietary information, in addition they require to be cognizant with 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 firm, they are matters that could be addressed through formal legal procedures. If your company’s image is becoming battered in the public arena, we can 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 components, which includes the scope with the deficiency and the prospective effects around the litigation. In situations of intentional failure or gross negligence, businesses can face significant sanctions; including a potential “negative inference” primarily based upon the perceived need to keep specific information in the other party. Instituting and internally enforcing an suitable litigation hold is often a essential part of the litigation course of action, and it truly is some thing that all corporations really need to do in excellent faith and with all the guidance of experienced litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a business that’s already facing a federal investigation?
Yes. In truth, it’s frequent for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If one more company’s illegal conduct has harmed your business, we are able to make it easier to seek legal remedies in court. Conversely, when you are facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. Inside the latter situation, it may be of essential value to possess counsel who can represent you in both matters, as decisions you make inside your civil case can potentially impact your government investigation (and vice versa).
A further widespread 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 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 frequently filed by disgruntled former personnel and competitors with ulterior motives, and with small (if any) substantive proof. If your company is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I should take into consideration taking legal action to defend my company?
As we pointed out earlier, if you are facing any prospective small business dispute with legal implications, seeking legal assistance promptly is often the ideal method to steer clear of expensive and contentious litigation down the line. Some examples of conditions exactly where it is going to normally be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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