Specifically what is Civil Litigation as well as an attorney servicing Alisal, California to assist you to?
Civil litigation is the procedure by which civil matters are solved in a court of law. Civil matters can be described as scenarios dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, such as a criminal matter, civil cases are a person or company 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 Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to talk with an attorney about potential civil litigation?
Any time you are anxious that a business dispute may ultimately lead to formal legal action, it is essential that you discuss the 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 greater the chance you will have to find an informal solution that protects your company without the time and money of litigation. While a skilled litigator will assert your company’s rights in court, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.
Q: My business in Alisal has just been sued. Things I need to find out about the civil litigation process?
In case your company has just been sued, the very first thing you’ll need to complete is make sure you have a clear understanding in the deadlines that apply in your case. You will need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, should you be going to challenge particular difficulties using the complaint, you might need to have to meet a distinct deadline with regard to these challenges as well.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that may well potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – such as these that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant to the litigation, and meeting your production obligation is usually just about the most onerous aspects of your litigation approach. Having said that, you can find numerous grounds for difficult discovery requests in civil litigation, and your attorneys will likely be able to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) strategies you could use the discovery process to achieve leverage inside the litigation.
Q: We took action against a former employee who breached privacy, and now we are facing a lawsuit as well as a public relations nightmare. What alternatives do we’ve got available?
This really is a potentially difficult predicament, and 1 that demands a swift and strategic method. While organizations need to take adequate steps to shield their proprietary data, in addition they have to have to be cognizant in the practical implications of suing a disgruntled former employee in today’s planet 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 enterprise, these are matters that may be addressed through formal legal procedures. If your company’s image is being battered within 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 rely upon a number of aspects, including the scope with the deficiency and also the prospective effects around the litigation. In cases of intentional failure or gross negligence, firms can face considerable sanctions; which includes a possible “negative inference” primarily based upon the perceived need to keep specific information and facts in the other celebration. Instituting and internally enforcing an suitable litigation hold is a vital part of the litigation process, and it can be anything that all organizations must do in great faith and together with the guidance of skilled litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a firm that is currently facing a federal investigation?
Yes. In actual fact, it is typical for providers 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 company, we are able to assist you to seek legal remedies in court. Conversely, for anyone who is 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 vital 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).
A further common scenario where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced 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 monetary penalties the government collects. Qui tam actions are often filed by disgruntled former employees 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 inside the government’s investigation and seek to prevent charges from being filed.
Q: When do I must think about taking legal action to safeguard my company?
As we described earlier, in case you are facing any prospective organization dispute with legal implications, looking for legal advice promptly might be the best method to avoid expensive 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