What’s Civil Litigation and an attorney at law servicing Alba, California that may help you?
Civil litigation is the process by which civil matters are solved in a court of law. Civil matters can be described as circumstances dealing with relationships between people, perhaps a marriage, or a contract dispute between companies. Rather than a case being a person versus the government, as in a criminal matter, civil cases are a 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 seek advice from an attorney about potential civil litigation?
When nervous that a company dispute may ultimately lead to formal legal action, it is essential that you discuss the options with federal litigation counsel. While a lawsuit is just one way to approach a dispute, there might be other less-costly solutions as well. The quicker you get litigation counsel involved, the higher the opportunity you’ll have to find an informal solution that protects your company without the time and money of litigation. While a highly trained litigator will assert your company’s rights in the courtroom, he or she should also be able to help you out explore alternatives that actually do not involve setting course for trial.
Q: My business in Alba has just been sued. Exactly what do I need to know about the civil litigation process?
In case your small business has just been sued, the very first thing you need to accomplish is ensure you have a clear understanding on the deadlines that apply within your case. You will need to respond to the plaintiff’s complaint inside the timeframe specified beneath the applicable court guidelines (state or federal); and, should you be going to challenge specific issues using the complaint, you could possibly need to meet a specific deadline with regard to these challenges as well.
At this point, your firm also must initiate a “litigation hold.” This can be a systematic method of preserving hardcopy and electronic records that may well potentially be discoverable within the litigation. Relevant personnel has to be advised accordingly, and it might also be essential to suspend current records-management protocols – including these that involve the deletion or overwriting of electronic files inside the ordinary course of business.
As well as pre-trial motions, hearings, and settlement negotiations, complicated business disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which might be relevant for the litigation, and meeting your production obligation could be just about the most onerous elements in the litigation approach. On the other hand, you will discover numerous grounds for challenging discovery requests in civil litigation, and your attorneys will likely be in a position to advise you of both (i) methods for limiting your company’s discovery obligations, and (ii) approaches you could use the discovery method to obtain leverage inside the litigation.
Q: We took action against a previous worker who breached confidentiality, and now we are facing a lawsuit and also a public relations nightmare. What choices do we’ve got available?
This really is a potentially challenging scenario, and one that needs a swift and strategic strategy. Although firms require to take sufficient actions to protect their proprietary details, additionally they need to be cognizant in the sensible 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 business, these are matters that will be addressed by means of formal legal procedures. In case 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 depend upon several different variables, like the scope on the deficiency and also the prospective effects on the litigation. In instances of intentional failure or gross negligence, companies can face important sanctions; like a prospective “negative inference” primarily based upon the perceived desire to keep particular information in the other party. Instituting and internally enforcing an appropriate litigation hold is actually a essential a part of the litigation course of action, and it can be some thing that all providers should do in good faith and using the guidance of knowledgeable litigation counsel.
Q: Is it probable to pursue federal civil litigation against a business that’s currently facing a federal investigation?
Yes. In reality, it is actually typical for businesses 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 enterprise, we can enable you 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 scenario, it may be of essential value to possess counsel who can represent you in both matters, as decisions you make within your civil case can potentially impact your government investigation (and vice versa).
Yet another prevalent scenario exactly where private action can lead to 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 when the government decides to pursue legal action, the relator is entitled to receive a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are usually filed by disgruntled former employees and competitors with ulterior motives, and with small (if any) substantive proof. If your enterprise is facing a qui tam lawsuit, we can take aggressive measures to intervene inside the government’s investigation and seek to stop charges from being filed.
Q: When do I should look at taking legal action to safeguard my company?
As we pointed out earlier, when you are facing any potential business enterprise dispute with legal implications, in search of legal guidance promptly is often the very best solution to stay away from pricey and contentious litigation down the line. Some examples of circumstances where it is going to generally 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