Exactly what is Civil Litigation and an attorney at law servicing Alameda, California that will help you?
Civil litigation is the procedure by which civil matters are resolved in a court of law. Civil matters can be defined as situations dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as in 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
Answers to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak with an attorney about potential civil litigation?
When anxious that a company dispute might lead to formal legal action, it is important that you talk about your options with federal litigation counsel. While legal action is just one way to address a dispute, there are other less-costly options available also. The earlier you get litigation counsel included, the better the opportunity you’ll need to find an informal solution that protects your business without the time and expense of litigation. While a highly skilled litigator can assert your company’s rights in the courtroom, 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 Alameda has just been sued. What exactly do I need to find out about the civil litigation process?
If your enterprise has just been sued, the first thing you need to do is be sure you possess 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 beneath the applicable court guidelines (state or federal); and, for anyone who is going to challenge specific difficulties with all the complaint, you could possibly need to meet a specific deadline with regard to these challenges as well.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may perhaps potentially be discoverable within the litigation. Relevant personnel must be advised accordingly, and it may also be necessary to suspend current records-management protocols – like these 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, complex business disputes also frequently involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant towards the litigation, and meeting your production obligation might be one of the most onerous elements in the litigation course of action. Having said that, there are actually many grounds for difficult discovery requests in civil litigation, as well as your attorneys might be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) strategies you’ll be able to use the discovery method to gain leverage in the litigation.
Q: We took action against a former employee who violated privacy, and now we’re facing a lawsuit in addition to a public relations nightmare. What solutions do we’ve got available?
That is a potentially challenging predicament, and a single that demands a swift and strategic method. Although businesses need to have to take sufficient measures to guard their proprietary information and facts, in addition they require to become cognizant in the sensible implications of suing a disgruntled former employee in today’s world 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 will be addressed by means of formal legal procedures. In case your company’s image is getting 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 rely upon many different components, including the scope from the deficiency as well as the prospective effects on the litigation. In situations of intentional failure or gross negligence, companies can face significant sanctions; such as a prospective “negative inference” primarily based upon the perceived need to maintain specific information from the other party. Instituting and internally enforcing an suitable litigation hold is actually a required part of the litigation procedure, and it is a thing that all organizations ought to do in great faith and using the guidance of experienced litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a corporation that is already facing a federal investigation?
Yes. The truth is, it is actually 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 enterprise, we are able to assist you to seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served with a civil complaint, we are able to represent you in each proceedings. Within the latter scenario, it might be of crucial significance to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
One more prevalent scenario exactly where private action can result in government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other monetary 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 evidence. In case your enterprise 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 take into account taking legal action to defend my company?
As we described earlier, when you are facing any prospective company dispute with legal implications, searching for legal advice promptly may be the most effective solution to keep away from costly and contentious litigation down the line. Some examples of scenarios exactly where it can commonly 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