Specifically what is Civil Litigation as well as an attorney serving Alta Sierra Ranches, California that can assist you?
Civil litigation is the method in which civil matters are resolved in a court of law. Civil matters can be defined as situations dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, like in a criminal matter, civil cases are a person or business filing suit against somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to refer to an attorney at law about potential civil litigation?
When concerned that a business dispute might lead to formal legal action, it is critical that you discuss your own possible choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there is certainly other less-costly options available as well. The quicker you get litigation counsel included, the higher the likelihood you’ll have to find an informal solution that protects your company without the time and money of litigation. While a knowledgeable 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 Alta Sierra Ranches has just been sued. What exactly do I need to understand about the civil litigation process?
In case your business has just been sued, the first thing you may need to perform is make sure you possess a clear understanding of your deadlines that apply inside your case. You may need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, when you are going to challenge particular issues using the complaint, you may will need to meet a particular deadline with regard to these challenges also.
At this point, your firm also needs to initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend present records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of company.
In addition to pre-trial motions, hearings, and settlement negotiations, complex business disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant for the litigation, and meeting your production obligation is often just about the most onerous elements in the litigation course of action. However, you will find different grounds for difficult discovery requests in civil litigation, and your attorneys are going to be capable to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) strategies you can make use of the discovery process to achieve leverage in the litigation.
Q: We took action against a former employee who breached privacy, and now we’re facing a lawsuit in addition to a public relations nightmare. What possibilities do we’ve got available?
This really is a potentially challenging scenario, and a single that calls for a swift and strategic method. Although businesses want to take adequate actions to shield their proprietary information, additionally they require to become cognizant of your practical 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 enterprise, these are matters that will be addressed via formal legal procedures. If your company’s image is getting 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 factors, which includes the scope on the deficiency and also the possible effects around the litigation. In cases of intentional failure or gross negligence, businesses can face substantial sanctions; including a potential “negative inference” primarily based upon the perceived desire to help keep certain information in the other party. Instituting and internally enforcing an appropriate litigation hold is actually a needed part of the litigation approach, and it is a thing that all organizations have to do in superior faith and using the guidance of experienced litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a corporation which is already facing a federal investigation?
Yes. The truth is, it really is widespread for organizations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your enterprise, we can enable you to seek legal remedies in court. Conversely, for anyone who is facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. Within the latter scenario, it may be of important value to possess counsel who can represent you in both matters, as choices you make inside your civil case can potentially influence your government investigation (and vice versa).
A different common scenario where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations produced by a private citizen (known 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 financial penalties the government collects. Qui tam actions are typically filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your corporation 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 being filed.
Q: When do I ought to contemplate taking legal action to shield my company?
As we talked about earlier, if you are facing any potential small business dispute with legal implications, searching for legal guidance promptly could be the top solution to keep away from pricey and contentious litigation down the line. Some examples of conditions where it is going to usually 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