So what’s Civil Litigation as well as an attorney at law servicing Alta Vista Park, California to help you out?
Civil litigation is the process in which civil matters are solved in a court of law. Civil matters can be defined as scenarios dealing with relationships between people, for instance 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 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
Answers 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?
Any time you are concerned that a business dispute will swiftly lead to formal legal action, it is critical that you discuss your options with federal litigation counsel. While legal action is just one way to address a dispute, there may be other less-costly options available too. The earlier you get litigation counsel included, the greater the chance you will need to find an informal solution that protects your business without the time and expense of litigation. While an expert litigator can assert your company’s rights in the courtroom, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Alta Vista Park has just been sued. What exactly do I need to know about the civil litigation process?
If your company 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 may need to respond for the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, if you’re going to challenge certain troubles using the complaint, you could possibly need to meet a specific deadline with regard to these challenges at the same time.
At this point, your company also must initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it might also be essential to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation might be one of the most onerous aspects in the litigation procedure. Nevertheless, you can find various grounds for challenging discovery requests in civil litigation, and your attorneys might be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) ways you may make use of the discovery method to get leverage inside the litigation.
Q: We took action against a former worker who violated confidentiality, and now we’re facing a lawsuit and a public relations nightmare. What alternatives do we’ve got available?
This can be a potentially challenging situation, and 1 that needs a swift and strategic approach. Although organizations have to have to take sufficient methods to guard their proprietary information and facts, they also have to have to become cognizant of your 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, these are matters that may be addressed via formal legal procedures. In case your company’s image is becoming battered inside 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 range of components, including the scope from the deficiency and also the possible effects on the litigation. In cases of intentional failure or gross negligence, businesses can face important sanctions; like a potential “negative inference” based upon the perceived need to maintain specific info in the other party. Instituting and internally enforcing an proper litigation hold is actually a needed part of the litigation course of action, and it is actually anything that all businesses should do in great faith and with the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a enterprise that is certainly currently facing a federal investigation?
Yes. The truth is, it is actually typical for companies 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 assist you to seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Within the latter scenario, it might be of essential importance to have counsel who can represent you in both matters, as choices you make within your civil case can potentially effect your government investigation (and vice versa).
One more frequent scenario where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Within 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 acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former staff and competitors with ulterior motives, and with little (if any) substantive proof. In case your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene within the government’s investigation and seek to stop charges from getting filed.
Q: When do I should contemplate taking legal action to defend my company?
As we talked about earlier, when you are facing any potential organization dispute with legal implications, searching for legal advice promptly is often the most beneficial way to prevent pricey and contentious litigation down the line. Some examples of circumstances where it is going to generally be advisable to engage litigation counsel to conduct a case assessment contain:
- 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