Specifically what is Civil Litigation and an attorney at law servicing Alturas, California that will help?
Civil litigation is the method where civil matters are fixed in a court of law. Civil matters can be defined as situations dealing with relationships between people, like a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, as in a criminal matter, civil cases are an individual or business filing suit against somebody else 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 talk with an attorney at law about potential civil litigation?
When worried that a company dispute will lead to formal legal action, it is vital that you talk about your choices with federal litigation counsel. While a lawsuit is certainly one way to deal with a dispute, there are other less-costly alternatives available as well. The sooner you get litigation counsel engaged, the better the probability you’ll need to find an informal solution that protects your business without the time and money of litigation. While a seasoned 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 Alturas has just been sued. Exactly what do I need to know about the civil litigation process?
If your business has just been sued, the very first thing you will need to complete is ensure you possess a clear understanding with the deadlines that apply inside your case. You may need to respond for the plaintiff’s complaint inside the timeframe specified below the applicable court guidelines (state or federal); and, if you are going to challenge specific issues together with the complaint, you could possibly will need to meet a precise deadline with regard to these challenges at the same time.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel should be advised accordingly, and it might also be necessary to suspend present records-management protocols – like those that involve the deletion or overwriting of electronic files within the ordinary course of enterprise.
In conjunction with pre-trial motions, hearings, and settlement negotiations, complex business disputes also usually involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which can be relevant for the litigation, and meeting your production obligation is usually probably the most onerous aspects of your litigation procedure. Nevertheless, there are actually various grounds for difficult discovery requests in civil litigation, as well as your attorneys is going to be capable to advise you of both (i) techniques for limiting your company’s discovery obligations, and (ii) strategies you may use the discovery process to achieve leverage inside the litigation.
Q: We took action against a previous worker who breached privacy, and now we’re facing a lawsuit and a public relations nightmare. What selections do we have available?
This is a potentially challenging scenario, and one that requires a swift and strategic strategy. Even though businesses require to take sufficient steps to defend their proprietary information, they also want to be cognizant in the practical implications of suing a disgruntled former employee in today’s planet 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 organization, they are matters that can be addressed through formal legal procedures. If your company’s image is becoming battered within the public arena, we are able to 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 rely upon various things, such as the scope of your deficiency plus the possible effects on the litigation. In instances of intentional failure or gross negligence, businesses can face significant sanctions; including a prospective “negative inference” primarily based upon the perceived need to help keep particular details in the other party. Instituting and internally enforcing an proper litigation hold can be a important a part of the litigation method, and it’s a thing that all companies really need to do in superior faith and using the guidance of skilled litigation counsel.
Q: Is it doable to pursue federal civil litigation against a organization that’s already facing a federal investigation?
Yes. In fact, it really is common for corporations that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If an additional company’s illegal conduct has harmed your company, we can make it easier to seek legal remedies in court. Conversely, if you are 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 vital importance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially effect your government investigation (and vice versa).
A further popular situation exactly where private action can cause 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 if the government decides to pursue legal action, the relator is entitled to obtain a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often filed by disgruntled former personnel and competitors with ulterior motives, and with tiny (if any) substantive evidence. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene in the government’s investigation and seek to stop charges from getting filed.
Q: When do I really need to take into account taking legal action to guard my company?
As we pointed out earlier, for those who are facing any potential business enterprise dispute with legal implications, searching for legal suggestions promptly might be the most beneficial technique to stay away from costly and contentious litigation down the line. Some examples of situations where it can usually be advisable to engage litigation counsel to conduct a case assessment include:
- 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