So what’s Civil Litigation as well as an attorney at law serving Alamo, California that will help you?
Civil litigation is the procedure wherein civil matters are resolved in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. 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
Answers to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to refer to an attorney about potential civil litigation?
Any time you are worried that a company dispute may ultimately lead to formal legal action, it is essential that you discuss your own possible choices with federal litigation counsel. While legal action can be a way to address a dispute, there can be other less-costly options available as well. The quicker you get litigation counsel involved, the better the likelihood you’ll have to find an informal solution that protects your business without the time and expense of litigation. While a skilled litigator can assert your company’s rights in court, he or she should also be able to assist you explore alternatives that do not involve setting course for trial.
Q: My business in Alamo has just been sued. What exactly do I need to understand about the civil litigation process?
If your organization has just been sued, the first thing you will need to accomplish is be sure you possess a clear understanding in the deadlines that apply in your case. You’ll need to respond to the plaintiff’s complaint within the timeframe specified below the applicable court rules (state or federal); and, in case you are going to challenge particular issues with all the complaint, you may require to meet a precise deadline with regard to these challenges as well.
At this point, your corporation also must initiate a “litigation hold.” This is a systematic course of action of preserving hardcopy and electronic records that could potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it may also be necessary to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files inside the ordinary course of small business.
In addition to pre-trial motions, hearings, and settlement negotiations, complex enterprise disputes also typically involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant to the litigation, and meeting your production obligation might be probably the most onerous elements on the litigation procedure. Having said that, you can find several grounds for difficult discovery requests in civil litigation, and your attorneys are going to be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you are able to use the discovery process to obtain leverage within the litigation.
Q: We took action against a previous employee who violated privacy, and now we’re facing a lawsuit and also a public relations nightmare. What solutions do we’ve got available?
This really is a potentially challenging scenario, and 1 that calls for a swift and strategic approach. Although companies want to take sufficient actions to safeguard their proprietary info, they also will need to become cognizant from 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 company, they are matters that will be addressed via formal legal procedures. In case your company’s image is becoming battered within the public arena, we can hold the media accountable for false reporting and undertake other measures focused on crisis management.
Q: What will be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon several different things, such as the scope on the deficiency along with the prospective effects around the litigation. In instances of intentional failure or gross negligence, businesses can face significant sanctions; which includes a prospective “negative inference” based upon the perceived wish to maintain particular data in the other party. Instituting and internally enforcing an acceptable litigation hold is a necessary a part of the litigation approach, and it is a thing that all businesses have to do in very good faith and together with the guidance of seasoned litigation counsel.
Q: Is it attainable to pursue federal civil litigation against a firm that is certainly currently facing a federal investigation?
Yes. In actual fact, it is widespread for providers 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 are able to allow you to seek legal treatments in court. Conversely, should you be 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 crucial importance to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially effect your government investigation (and vice versa).
Yet another popular scenario exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations created by a private citizen (referred to as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are normally filed by disgruntled former staff and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from getting filed.
Q: When do I have to consider taking legal action to guard my company?
As we talked about earlier, if you are facing any possible enterprise dispute with legal implications, searching for legal assistance promptly can be the top method to stay clear of expensive and contentious litigation down the line. Some examples of conditions exactly where it will typically 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