What’s Civil Litigation and an attorney servicing Alleghany, California that may help you?
Civil litigation is the method where civil matters are fixed in a court of law. Civil matters can be defined as cases dealing with relationships between people, for example a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, like 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 for you to talk to an attorney about potential civil litigation?
When anxious that a company dispute will swiftly lead to formal legal action, it is essential that you talk about your own choices with federal litigation counsel. While legal action is certainly one way to deal with a dispute, there might be other less-costly available choices too. The earlier you get litigation counsel involved, the better the probability you will need to find an informal solution that protects your company without the time and money of litigation. While a seasoned litigator will be able to assert your company’s rights in the court, he or she should also be able to assist you explore alternatives that actually do not involve setting course for trial.
Q: My business in Alleghany has just been sued. What / things I need to find out about the civil litigation process?
In case your enterprise has just been sued, the first thing you’ll need to accomplish is make sure you have a clear understanding in the deadlines that apply in your case. You’ll need to respond towards the plaintiff’s complaint within the timeframe specified below the applicable court rules (state or federal); and, when you are going to challenge specific troubles using the complaint, you could need to have to meet a precise deadline with regard to these challenges as well.
At this point, your organization also needs to initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may potentially be discoverable within the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend present records-management protocols – including these that involve the deletion or overwriting of electronic files inside the ordinary course of company.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant towards the litigation, and meeting your production obligation can be one of the most onerous aspects of your litigation approach. Having said that, you will find a variety of grounds for challenging discovery requests in civil litigation, as well as your attorneys might be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) ways you can make use of the discovery process to achieve leverage within the litigation.
Q: We took action against a former employee who violated confidentiality, and now we’re facing a lawsuit along with a public relations nightmare. What alternatives do we’ve got available?
That is a potentially difficult situation, and one particular that needs a swift and strategic strategy. While corporations want to take sufficient methods to guard their proprietary info, they also need to have to be cognizant in the 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 firm, they are matters that may be addressed by way of formal legal procedures. In case your company’s image is getting battered within 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 depend upon a number of things, including the scope from the deficiency and the possible effects on the litigation. In instances of intentional failure or gross negligence, businesses can face substantial sanctions; like a possible “negative inference” based upon the perceived wish to keep particular info in the other party. Instituting and internally enforcing an proper litigation hold is actually a required part of the litigation process, and it is something that all businesses must do in great faith and using the guidance of skilled litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a enterprise that is currently facing a federal investigation?
Yes. In truth, it’s typical 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 company, we can assist you seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served using a civil complaint, we can represent you in each proceedings. Inside the latter situation, it may be of important importance to have counsel who can represent you in each matters, as choices you make in your civil case can potentially effect your government investigation (and vice versa).
A further popular situation 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 (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are normally filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive proof. In case your firm is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I ought to think about taking legal action to shield my company?
As we mentioned earlier, for those who are facing any potential company dispute with legal implications, looking for legal tips promptly might be the best approach to keep away from costly and contentious litigation down the line. Some examples of conditions where it’ll normally 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