Just what is Civil Litigation and an attorney serving Alten, California that will help you?
Civil litigation is the process where civil matters are fixed in a courtroom. Civil matters can be described 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, like in a criminal matter, civil cases are any 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
Responses to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak to an attorney at law about potential civil litigation?
Any time you are anxious that a business dispute might lead to formal legal action, it is crucial that you talk about your choices with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there may be other less-costly alternatives also. The earlier you get litigation counsel involved, the higher the probability you’ll need to find an informal solution that protects your company without the time and money 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 Alten has just been sued. Just what do I need to understand about the civil litigation process?
If your enterprise has just been sued, the first thing you may need to do is ensure you have a clear understanding of your 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, should you be going to challenge specific concerns with the complaint, you could possibly need to have to meet a precise deadline with regard to these challenges also.
At this point, your enterprise also needs to initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that may perhaps potentially be discoverable inside the litigation. Relevant personnel has to be advised accordingly, and it may also be essential to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files inside the ordinary course of enterprise.
As well as pre-trial motions, hearings, and settlement negotiations, complicated company disputes also frequently involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant to the litigation, and meeting your production obligation could be one of the most onerous aspects of the litigation process. Even so, there are actually many grounds for challenging discovery requests in civil litigation, and your attorneys will probably be able to advise you of each (i) strategies for limiting your company’s discovery obligations, and (ii) methods you could use the discovery process to obtain leverage inside the litigation.
Q: We took action against a previous worker who breached privacy, and now we are facing a lawsuit along with a public relations nightmare. What selections do we’ve got available?
This is a potentially difficult scenario, and a single that calls for a swift and strategic approach. While providers have to have to take adequate steps to safeguard their proprietary information, they also need to have to be cognizant from the practical implications of suing a disgruntled former employee in today’s planet 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, these are matters that can be addressed through formal legal procedures. If 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 many different factors, such as the scope on the deficiency along with the prospective effects on the litigation. In circumstances of intentional failure or gross negligence, companies can face significant sanctions; including a possible “negative inference” based upon the perceived desire to help keep particular data in the other party. Instituting and internally enforcing an proper litigation hold is really a vital a part of the litigation process, and it can be anything that all organizations should do in excellent faith and with all the guidance of experienced litigation counsel.
Q: Is it doable to pursue federal civil litigation against a company which is already facing a federal investigation?
Yes. The truth is, it is widespread for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your business, we can help you seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served having a civil complaint, we are able to represent you in both proceedings. Inside the latter scenario, it might be of essential value to possess counsel who can represent you in each matters, as choices you make in your civil case can potentially impact your government investigation (and vice versa).
Yet another widespread situation exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to 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 economic penalties the government collects. Qui tam actions are typically filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive evidence. If your corporation is facing a qui tam lawsuit, we are able to take aggressive measures to intervene inside the government’s investigation and seek to stop charges from getting filed.
Q: When do I have to look at taking legal action to defend my company?
As we described earlier, should you are facing any potential small business dispute with legal implications, looking for legal advice promptly could be the top approach to steer clear of costly and contentious litigation down the line. Some examples of conditions exactly where it can frequently be advisable to engage litigation counsel to conduct a case assessment include things like:
- 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