Just what is Civil Litigation as well as an attorney at law servicing Alamo Oaks, California to help you out?
Civil litigation is the process in which civil matters are fixed in a court of law. Civil matters can be defined as circumstances dealing with relationships between people, like a marriage, or a contract dispute between companies. Instead of 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
Answers to Frequently-Asked Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak to an attorney about potential civil litigation?
When troubled that a company dispute will swiftly lead to formal legal action, it is crucial that you talk about the possible choices with federal litigation counsel. While legal action can be a way to deal with a dispute, there may be other less-costly alternatives available too. The quicker you get litigation counsel included, the greater the opportunity you’ll have to find an informal solution that protects your company without the time and money of litigation. While an experienced litigator can assert your company’s rights in court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Alamo Oaks has just been sued. Exactly what do I need to find out about the civil litigation process?
If your business has just been sued, the first thing you will need to perform is be sure to have a clear understanding in the deadlines that apply inside your case. You need to respond to the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, if you’re going to challenge specific troubles with the complaint, you may want to meet a distinct deadline with regard to these challenges as well.
At this point, your organization also must initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that could potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be necessary to suspend current records-management protocols – including those that involve the deletion or overwriting of electronic files within the ordinary course of company.
As well as pre-trial motions, hearings, and settlement negotiations, complicated enterprise disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant to the litigation, and meeting your production obligation could be just about the most onerous elements on the litigation method. Even so, there are actually numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will be in a position to advise you of each (i) tactics for limiting your company’s discovery obligations, and (ii) techniques you can use the discovery course of action to get leverage within the litigation.
Q: We took action against a previous worker who violated privacy, and now we’re facing a lawsuit plus a public relations nightmare. What options do we’ve got available?
This can be a potentially challenging predicament, and one that needs a swift and strategic method. When businesses need to take sufficient steps to shield their proprietary information and facts, they also have to have to become cognizant on the practical 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 organization, they are matters that could be addressed through formal legal procedures. If your company’s image is being battered in 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 many different variables, like the scope of the deficiency along with the possible effects on the litigation. In situations of intentional failure or gross negligence, firms can face significant sanctions; such as a potential “negative inference” based upon the perceived need to maintain specific details from the other party. Instituting and internally enforcing an proper litigation hold can be a essential part of the litigation method, and it is anything that all providers have to do in great faith and with all the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a enterprise that’s currently facing a federal investigation?
Yes. In fact, it truly is widespread for corporations 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 business, we can make it easier to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served using a civil complaint, we can represent you in both proceedings. In the latter situation, it may be of crucial value to have counsel who can represent you in each matters, as choices you make inside your civil case can potentially impact your government investigation (and vice versa).
An additional frequent scenario exactly where private action can cause 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 if the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive proof. In case 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 becoming filed.
Q: When do I really need to think about taking legal action to protect my company?
As we talked about earlier, in case you are facing any prospective organization dispute with legal implications, searching for legal advice promptly could be the most beneficial approach to prevent expensive and contentious litigation down the line. Some examples of conditions exactly where it’s going to commonly 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