Exactly what is Civil Litigation and an attorney servicing Altamont, California to assist you?
Civil litigation is the process through which 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 firms. Rather than a case being a person versus the government, such as 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
Responses to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time to consult an attorney about potential civil litigation?
Any time you are concerned that a company dispute will swiftly lead to formal legal action, it is critical that you discuss your possible choices with federal litigation counsel. While a lawsuit is certainly one way to address a dispute, there might be other less-costly solutions too. The sooner you get litigation counsel engaged, the greater the opportunity you will have 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 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 Altamont has just been sued. What I need to find out about the civil litigation process?
If your organization has just been sued, the very first thing you need to complete is ensure you possess a clear understanding of the deadlines that apply within your case. You will need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you are going to challenge specific challenges using the complaint, you might need to have to meet a specific deadline with regard to these challenges too.
At this point, your business also needs to initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that might potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend existing records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
As well as pre-trial motions, hearings, and settlement negotiations, complex business disputes also normally involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant for the litigation, and meeting your production obligation is often just about the most onerous elements of the litigation approach. However, there are several grounds for challenging discovery requests in civil litigation, as well as your attorneys will likely be in a position to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) methods you’ll be able to make use of the discovery approach to acquire leverage within the litigation.
Q: We took action against a former member of staff who violated confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What choices do we’ve got available?
This really is a potentially difficult predicament, and a single that requires a swift and strategic approach. Although companies want to take sufficient actions to safeguard their proprietary information, they also require to be cognizant with 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 corporation, they are matters that could 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 depend upon a variety of factors, which includes the scope in the deficiency as well as the potential effects on the litigation. In circumstances of intentional failure or gross negligence, providers can face substantial sanctions; which includes a potential “negative inference” primarily based upon the perceived wish to keep particular data from the other party. Instituting and internally enforcing an appropriate litigation hold is often a necessary part of the litigation course of action, and it truly is one thing that all organizations have to do in good faith and with all the guidance of knowledgeable litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a enterprise that is already facing a federal investigation?
Yes. The truth is, it really is prevalent for organizations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your enterprise, we can make it easier to seek legal treatments in court. Conversely, in case you are facing a federal investigation and have also been served with a civil complaint, we can represent you in both proceedings. Within the latter situation, it might be of important importance to possess counsel who can represent you in both matters, as decisions you make in your civil case can potentially influence your government investigation (and vice versa).
An additional frequent situation where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are generally filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive evidence. If your business is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from being filed.
Q: When do I really need to take into account taking legal action to safeguard my company?
As we mentioned earlier, for those who are facing any potential company dispute with legal implications, in search of legal guidance promptly is often the very best solution to prevent 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 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