What exactly is Civil Litigation as well as an attorney at law servicing Alamo Square, California to help you?
Civil litigation is the process through which civil matters are settled in a court of law. Civil matters can be described as situations dealing with relationships between people, such as a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, like 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
Responses to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to refer to an attorney about potential civil litigation?
When nervous that a company dispute might lead to formal legal action, it is critical that you discuss your own choices with federal litigation counsel. While legal action is just one way to address a dispute, there could be other less-costly alternatives also. The sooner you get litigation counsel included, the better the possibility you will need 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 explore alternatives that do not involve setting course for trial.
Q: My business in Alamo Square has just been sued. What / things I need to understand about the civil litigation process?
If your enterprise has just been sued, the very first thing you’ll need to accomplish is ensure you have a clear understanding of your deadlines that apply within your case. You’ll need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, if you are going to challenge particular concerns with the complaint, you may require to meet a distinct deadline with regard to these challenges too.
At this point, your firm also needs to initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that could potentially be discoverable within the litigation. Relevant personnel should be advised accordingly, and it may also be essential to suspend current records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
In addition to pre-trial motions, hearings, and settlement negotiations, complex business disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant to the litigation, and meeting your production obligation is usually one of the most onerous aspects of your litigation course of action. On the other hand, you will discover different grounds for challenging discovery requests in civil litigation, and your attorneys will probably be able to advise you of both (i) tactics for limiting your company’s discovery obligations, and (ii) techniques you could make use of the discovery procedure to achieve leverage in the litigation.
Q: We took action against a former employee who breached privacy, and now we are facing a lawsuit plus a public relations nightmare. What alternatives do we have available?
This really is a potentially challenging situation, and a single that calls for a swift and strategic approach. Whilst organizations require to take adequate measures to defend their proprietary information, additionally they will need to be cognizant from the sensible 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 business, these are matters which will be addressed via formal legal procedures. In case 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon a range of aspects, such as the scope of the deficiency plus the potential effects around the litigation. In instances of intentional failure or gross negligence, providers can face considerable sanctions; which includes a prospective “negative inference” primarily based upon the perceived want to help keep certain information and facts in the other celebration. Instituting and internally enforcing an suitable litigation hold is often a needed a part of the litigation approach, and it is a thing that all providers must do in excellent faith and using the guidance of seasoned litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a organization which is already facing a federal investigation?
Yes. The truth is, it’s typical 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 business, we can make it easier 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. Inside the latter situation, it might be of essential significance to have counsel who can represent you in both matters, as decisions you make within your civil case can potentially influence your government investigation (and vice versa).
Yet another widespread scenario where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. Inside a qui tam case, the government investigates allegations produced by a private citizen (referred to as the “relator”); and if the government decides to pursue legal action, the relator is entitled to acquire a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are generally filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive evidence. If your organization is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from becoming filed.
Q: When do I should take into account taking legal action to protect my company?
As we mentioned earlier, for those who are facing any potential organization dispute with legal implications, in search of legal guidance promptly is usually the ideal strategy to stay away from expensive and contentious litigation down the line. Some examples of conditions exactly where it’ll frequently be advisable to engage litigation counsel to conduct a case assessment consist of:
- 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