Specifically what is Civil Litigation as well as an attorney at law servicing Alliance, California to help you?
Civil litigation is the process in which civil matters are resolved in a court of law. Civil matters can be defined as cases dealing with relationships between people, perhaps a marriage, or a contract dispute between companies. Instead of a case being a person versus the government, like in 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
Answers to Frequently-Asked Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to discuss with an attorney at law about potential civil litigation?
Any time you are nervous that a company dispute will swiftly lead to formal legal action, it is vital that you talk about your choices with federal litigation counsel. While a lawsuit is just one way to deal with a dispute, there could be other less-costly alternatives available too. The earlier you get litigation counsel engaged, the greater the potential you will have to find an informal solution that protects your company without the time and money of litigation. While an expert 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 Alliance has just been sued. Things I need to learn about the civil litigation process?
If your small business has just been sued, the first thing you’ll need to perform is make sure you have a clear understanding on the deadlines that apply inside your case. You will need to respond towards the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, for anyone who is going to challenge specific problems with the complaint, you might want to meet a distinct deadline with regard to these challenges also.
At this point, your firm also must initiate a “litigation hold.” This is a systematic procedure of preserving hardcopy and electronic records that could potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it might also be essential to suspend current records-management protocols – which includes these that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
Together with pre-trial motions, hearings, and settlement negotiations, complicated business disputes also often 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 is often just about the most onerous aspects in the litigation approach. Nonetheless, there are actually numerous grounds for challenging discovery requests in civil litigation, as well as your attorneys will be able to advise you of each (i) methods for limiting your company’s discovery obligations, and (ii) techniques you could use the discovery method to gain leverage inside the litigation.
Q: We took action against a former member of staff who violated confidentiality, and now we’re facing a lawsuit as well as a public relations nightmare. What solutions do we have available?
This is a potentially challenging predicament, and one that needs a swift and strategic strategy. Even though corporations want to take sufficient actions to shield their proprietary information, they also have to have to become cognizant from the practical 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 company, these are matters which will be addressed through formal legal procedures. In case your company’s image is being 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 would be the consequences if our litigation hold fails to preserve discoverable information?
The consequences of instituting a deficient litigation hold rely upon many different aspects, such as the scope with the deficiency as well as the possible effects on the litigation. In situations of intentional failure or gross negligence, businesses can face significant sanctions; like a prospective “negative inference” based upon the perceived wish to maintain certain details in the other celebration. Instituting and internally enforcing an appropriate litigation hold can be a essential part of the litigation process, and it is actually anything that all corporations must do in superior faith and with all the guidance of seasoned litigation counsel.
Q: Is it doable to pursue federal civil litigation against a business that’s already facing a federal investigation?
Yes. The truth is, it really is prevalent for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a different company’s illegal conduct has harmed your enterprise, we are able to assist 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. In the latter situation, it might be of essential importance to have counsel who can represent you in both matters, as choices you make in your civil case can potentially influence your government investigation (and vice versa).
A different common scenario exactly where private action can bring about government enforcement is qui tam (or “whistleblower”) litigation. In a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and in the event the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other monetary penalties the government collects. Qui tam actions are typically filed by disgruntled former staff and competitors with ulterior motives, and with small (if any) substantive proof. In case your firm is facing a qui tam lawsuit, we can take aggressive measures to intervene in the government’s investigation and seek to prevent charges from being filed.
Q: When do I need to take into consideration taking legal action to guard my company?
As we talked about earlier, when you are facing any potential small business dispute with legal implications, looking for legal suggestions promptly can be the most beneficial method to steer clear of expensive and contentious litigation down the line. Some examples of scenarios where it can commonly 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