Specifically what is Civil Litigation and an attorney at law serving Altaville, California to help you?
Civil litigation is the process by which civil matters are resolved in a court of law. Civil matters can be described as scenarios dealing with relationships between people, for instance a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, such as a criminal matter, civil cases are any person or company 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak to an attorney about potential civil litigation?
Any time you are troubled that a company dispute will swiftly lead to formal legal action, it is important that you discuss the possible choices with federal litigation counsel. While legal action is certainly one way to address a dispute, there are other less-costly alternatives also. The sooner you get litigation counsel included, the greater the potential you will have to find an informal solution that protects your business without the time and expense of litigation. While a knowledgeable litigator will be able to 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 Altaville has just been sued. What / things I need to understand about the civil litigation process?
In case your business has just been sued, the very first thing you need to do is make sure you have a clear understanding with the deadlines that apply inside your case. You need to respond towards the plaintiff’s complaint inside the timeframe specified beneath the applicable court rules (state or federal); and, if you are going to challenge specific issues together with the complaint, you might will need to meet a specific deadline with regard to these challenges too.
At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend existing records-management protocols – including these that involve the deletion or overwriting of electronic files in the ordinary course of business.
As well as pre-trial motions, hearings, and settlement negotiations, complicated enterprise 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 could be just about the most onerous elements on the litigation method. Even so, you can find various grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) approaches you may make use of the discovery method to get leverage in the litigation.
Q: We took action against a former member of staff who violated privacy, and now we are facing a lawsuit along with a public relations nightmare. What selections do we have available?
This really is a potentially difficult circumstance, and one particular that requires a swift and strategic method. Though companies will need to take adequate methods to protect their proprietary info, they also require to become cognizant with the sensible implications of suing a disgruntled former employee in today’s globe 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 could be addressed via formal legal procedures. If your company’s image is being 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 rely upon several different factors, such as the scope with the deficiency and also the potential effects around the litigation. In cases of intentional failure or gross negligence, providers can face important sanctions; including a potential “negative inference” primarily based upon the perceived want to help keep specific information from the other party. Instituting and internally enforcing an acceptable litigation hold is really a needed a part of the litigation procedure, and it truly is anything that all corporations have to do in good faith and with the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a firm that is certainly already facing a federal investigation?
Yes. The truth is, it truly is typical for firms 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 business, we are able to assist you to seek legal remedies in court. Conversely, should you be facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. Inside the latter scenario, it may be of vital value to possess counsel who can represent you in each matters, as decisions you make in your civil case can potentially impact your government investigation (and vice versa).
An additional frequent situation exactly 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 when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are typically filed by disgruntled former personnel and competitors with ulterior motives, and with little (if any) substantive proof. If your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to stop charges from being filed.
Q: When do I should look at taking legal action to guard my company?
As we talked about earlier, when you are facing any possible small business dispute with legal implications, seeking legal guidance promptly could be the ideal method to avoid pricey and contentious litigation down the line. Some examples of circumstances where it’s going to generally be advisable to engage litigation counsel to conduct a case assessment include:
- 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