So what’s Civil Litigation and an attorney serving Alto, California to help you out?
Civil litigation is the procedure where civil matters are settled in a court of law. Civil matters can be defined as cases dealing with relationships between people, say for example a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, like a criminal matter, civil cases are any person or company filing suit against somebody else or business.
Types of Civil Litigation
- Civil Rights
- Product Liability
- Civil Remedies
- Business Torts
- Civil Procedure
- Professional Malpractice
Answers to Frequently-Asked Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to consult an attorney at law about potential civil litigation?
Any time you are nervous that a business dispute will lead to formal legal action, it is essential that you talk about your own options with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there may be other less-costly solutions also. The earlier you get litigation counsel included, the greater the probability you’ll need to find an informal solution that protects your business without the time and money of litigation. While an expert litigator will 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 Alto has just been sued. What I need to find out about the civil litigation process?
In case your company has just been sued, the first thing you will need to complete is make sure you possess a clear understanding from the deadlines that apply inside your case. You’ll need to respond for the plaintiff’s complaint within the timeframe specified under the applicable court rules (state or federal); and, for anyone who is going to challenge particular troubles together with the complaint, you might require to meet a particular deadline with regard to these challenges at the same time.
At this point, your firm also needs to initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that may possibly 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 – like those that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also usually involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant for the litigation, and meeting your production obligation could be just about the most onerous aspects of your litigation process. However, there are numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will probably be in a position to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) methods you may use the discovery process to gain leverage inside the litigation.
Q: We took action against a former employee who breached confidentiality, and now we are facing a lawsuit and a public relations nightmare. What options do we have available?
This can be a potentially difficult predicament, and one particular that needs a swift and strategic method. When companies require to take adequate steps to shield their proprietary information, additionally they need to become cognizant from 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 company, these are matters which will be addressed by means of formal legal procedures. If your company’s image is being battered in 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, including the scope with the deficiency and the possible effects on the litigation. In cases of intentional failure or gross negligence, businesses can face important sanctions; including a prospective “negative inference” primarily based upon the perceived wish to maintain particular info from the other party. Instituting and internally enforcing an acceptable litigation hold is often a necessary part of the litigation procedure, and it’s something that all businesses really need to do in excellent faith and using the guidance of seasoned litigation counsel.
Q: Is it probable to pursue federal civil litigation against a corporation that is already facing a federal investigation?
Yes. Actually, it is popular for companies 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 allow you to seek legal treatments in court. Conversely, should you be facing a federal investigation and have also been served having a civil complaint, we are able to represent you in each proceedings. In the latter situation, it may be of crucial importance to have counsel who can represent you in each matters, as decisions you make inside your civil case can potentially effect your government investigation (and vice versa).
Another widespread scenario where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations created 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 generally filed by disgruntled former workers and competitors with ulterior motives, and with small (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 prevent charges from becoming filed.
Q: When do I really need to take into consideration taking legal action to safeguard my company?
As we pointed out earlier, in the event you are facing any potential organization dispute with legal implications, in search of legal advice promptly might be the very best technique to stay away from costly and contentious litigation down the line. Some examples of circumstances exactly where it will 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