What is Civil Litigation and an attorney serving Nebelhorn, California that can assist you?
Civil litigation is the method wherein civil matters are fixed in a court of law. Civil matters can be described as circumstances dealing with relationships between people, perhaps a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, like 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 Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time to talk with an attorney at law about potential civil litigation?
Any time you are troubled that a company dispute may ultimately lead to formal legal action, it is important that you talk about your own choices with federal litigation counsel. While legal action is just one way to address a dispute, there can be other less-costly available options too. The sooner you get litigation counsel involved, the higher the possibility you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a professional litigator can assert your company’s rights in the court, he or she should also be able to help you explore alternatives that do not involve setting course for trial.
Q: My business in Nebelhorn has just been sued. Just what do I need to know about the civil litigation process?
If your organization has just been sued, the first thing you will need to perform is make sure you have a clear understanding on the deadlines that apply in your case. You’ll need to respond to the plaintiff’s complaint inside the timeframe specified under the applicable court rules (state or federal); and, should you be going to challenge particular concerns with all the complaint, you may need to meet a specific deadline with regard to these challenges also.
At this point, your firm also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may possibly potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend existing records-management protocols – such as those that involve the deletion or overwriting of electronic files inside the ordinary course of company.
Together with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also typically involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation can be probably the most onerous elements on the litigation approach. Having said that, you’ll find a variety of grounds for difficult discovery requests in civil litigation, as well as your attorneys will likely be able to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) ways you’ll be able to make use of the discovery procedure to achieve leverage inside the litigation.
Q: We took action against a former member of staff who breached confidentiality, and now we are facing a lawsuit along with a public relations nightmare. What alternatives do we have available?
This really is a potentially challenging predicament, and one that needs a swift and strategic approach. When firms need to have to take sufficient actions to guard their proprietary information, additionally they will need to be cognizant on 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 which can be addressed by way of formal legal procedures. If your company’s image is getting battered inside the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a range of components, like the scope from the deficiency plus the possible effects on the litigation. In situations of intentional failure or gross negligence, organizations can face substantial sanctions; which includes a potential “negative inference” based upon the perceived wish to keep particular data from the other party. Instituting and internally enforcing an appropriate litigation hold is a needed a part of the litigation approach, and it’s one thing that all companies have to do in good faith and with all the guidance of knowledgeable litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a enterprise which is already facing a federal investigation?
Yes. In truth, it truly is popular for businesses 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 seek legal remedies in court. Conversely, if you are facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. In the latter scenario, it might be of crucial significance to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially influence your government investigation (and vice versa).
Yet another popular situation where private action can result in 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 in the event the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are normally filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive evidence. If your business is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from getting filed.
Q: When do I have to consider taking legal action to guard my company?
As we mentioned earlier, in the event you are facing any prospective company dispute with legal implications, seeking legal advice promptly is often the most beneficial approach to steer clear of pricey and contentious litigation down the line. Some examples of conditions where it can generally 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
Civil Litigation Lawyer in Nebelhorn, California
Last Updated on February 12, 2022