What’s Civil Litigation as well as an attorney serving Angwin, California to assist you?
Civil litigation is the process wherein civil matters are fixed in a courtroom. Civil matters can be described as scenarios dealing with relationships between people, for instance a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, such as 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 Basic Questions (FAQs): Federal & State Civil Litigation
Q: When is it time to speak with an attorney about potential civil litigation?
When nervous that a business dispute might lead to formal legal action, it is crucial that you discuss the options with federal litigation counsel. While legal action can be a way to deal with a dispute, there can be other less-costly alternatives too. The quicker you get litigation counsel engaged, the higher the opportunity you will need to find an informal solution that protects your company without the time and money of litigation. While a highly trained litigator will be able to assert your company’s rights in court, 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 Angwin has just been sued. Exactly what do I need to find out about the civil litigation process?
If your organization has just been sued, the very first thing you’ll need to complete is ensure you have a clear understanding of your deadlines that apply in your case. You need to respond to the plaintiff’s complaint inside the timeframe specified below the applicable court rules (state or federal); and, for anyone who is going to challenge specific problems together with the complaint, you could have to have to meet a specific deadline with regard to these challenges as well.
At this point, your enterprise also must initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that might potentially be discoverable in the litigation. Relevant personnel must be advised accordingly, and it might also be essential to suspend present records-management protocols – like these that involve the deletion or overwriting of electronic files in the ordinary course of business enterprise.
Along with pre-trial motions, hearings, and settlement negotiations, complex small business disputes also normally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents that are relevant towards the litigation, and meeting your production obligation might be probably the most onerous aspects from the litigation procedure. On the other hand, you can find many grounds for challenging discovery requests in civil litigation, and your attorneys will be able to advise you of both (i) strategies for limiting your company’s discovery obligations, and (ii) techniques you could make use of the discovery approach to gain leverage in the litigation.
Q: We took action against a previous member of staff who breached privacy, and now we are facing a lawsuit in addition to a public relations nightmare. What alternatives do we have available?
This is a potentially challenging predicament, and 1 that demands a swift and strategic method. Although organizations want to take adequate steps to safeguard their proprietary information and facts, they also have to have to be 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 business, they are matters that can be addressed via formal legal procedures. In case your company’s image is being battered inside 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 rely upon a variety of components, such as the scope from the deficiency along with the potential effects around the litigation. In circumstances of intentional failure or gross negligence, providers can face considerable sanctions; like a prospective “negative inference” primarily based upon the perceived desire to keep specific info in the other party. Instituting and internally enforcing an acceptable litigation hold is usually a needed a part of the litigation procedure, and it can be something that all firms really need to do in very good faith and with all the guidance of skilled litigation counsel.
Q: Is it feasible to pursue federal civil litigation against a business that may be 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 an additional company’s illegal conduct has harmed your enterprise, we can enable you to seek legal treatments in court. Conversely, for anyone who is facing a federal investigation and have also been served having a civil complaint, we can represent you in both proceedings. Inside the latter situation, it might be of vital significance to possess counsel who can represent you in each matters, as choices you make within your civil case can potentially impact your government investigation (and vice versa).
Yet another common scenario exactly where private action can lead to government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (referred to as the “relator”); and when the government decides to pursue legal action, the relator is entitled to get a sizable portion of any restitution, fines, or other financial penalties the government collects. Qui tam actions are often 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 in the government’s investigation and seek to stop charges from being filed.
Q: When do I should look at taking legal action to shield my company?
As we pointed out earlier, should you are facing any potential organization dispute with legal implications, seeking legal advice promptly is often the top solution to stay away from costly and contentious litigation down the line. Some examples of scenarios where it’ll frequently 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