What exactly is Civil Litigation as well as an attorney at law serving Angel Island, California to assist you?
Civil litigation is the procedure wherein civil matters are settled in a courtroom. Civil matters can be described as circumstances dealing with relationships between people, perhaps a marriage, or a contract dispute between corporations. Instead of a case being a person versus the government, as with a criminal matter, civil cases are a 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
Responses to Frequently-Asked Inquiries (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak to an attorney about potential civil litigation?
Any time you are troubled that a business dispute might lead to formal legal action, it is crucial that you talk about the choices with federal litigation counsel. While legal action is certainly one way to approach a dispute, there are other less-costly available choices as well. The quicker you get litigation counsel involved, the greater the potential you’ll need to find an informal solution that protects your company without the time and money of litigation. While a knowledgeable litigator will assert your company’s rights in the 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 Angel Island has just been sued. Just what do I need to know about the civil litigation process?
In case your business enterprise has just been sued, the very first thing you may need to accomplish is make sure you possess a clear understanding in the deadlines that apply within your case. You may need to respond towards the plaintiff’s complaint inside the timeframe specified under the applicable court guidelines (state or federal); and, should you be going to challenge specific concerns together with the complaint, you could need to meet a certain deadline with regard to these challenges as well.
At this point, your corporation also must initiate a “litigation hold.” This can be a systematic course of action of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel should be advised accordingly, and it might also be essential to suspend current records-management protocols – including those that involve the deletion or overwriting of electronic files within the ordinary course of organization.
As well as pre-trial motions, hearings, and settlement negotiations, complex small business disputes also frequently 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 to the litigation, and meeting your production obligation might be one of the most onerous aspects in the litigation process. Nonetheless, you can find many grounds for difficult discovery requests in civil litigation, as well as your attorneys will probably be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) ways you are able to make use of the discovery course of action to acquire leverage within the litigation.
Q: We took action against a former worker who breached confidentiality, and now we are facing a lawsuit plus a public relations nightmare. What alternatives do we have available?
This really is a potentially difficult scenario, and one that needs a swift and strategic method. While corporations will need to take sufficient measures to safeguard their proprietary data, in addition they need to become cognizant with 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 enterprise, they are matters that could be addressed by way of 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 are the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold depend upon a number of factors, such as the scope of the deficiency and also the possible effects around the litigation. In instances of intentional failure or gross negligence, providers can face substantial sanctions; such as a potential “negative inference” based upon the perceived want to help keep particular details in the other party. Instituting and internally enforcing an appropriate litigation hold is actually a required a part of the litigation process, and it is anything that all corporations need to do in good faith and together with the guidance of experienced litigation counsel.
Q: Is it probable to pursue federal civil litigation against a enterprise which is already facing a federal investigation?
Yes. In fact, it can be prevalent for businesses 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 are able to allow you to seek legal treatments in court. Conversely, when you are facing a federal investigation and have also been served having a civil complaint, we can represent you in each proceedings. Inside the latter scenario, it might be of essential value to have counsel who can represent you in both matters, as choices you make in your civil case can potentially effect your government investigation (and vice versa).
A further widespread situation exactly where private action can bring about 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 if the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive proof. If your corporation is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to stop charges from being filed.
Q: When do I must think about taking legal action to defend my company?
As we pointed out earlier, in the event you are facing any prospective enterprise dispute with legal implications, seeking legal assistance promptly might be the top method to stay clear of costly and contentious litigation down the line. Some examples of scenarios where it can typically be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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