What exactly is Civil Litigation as well as an attorney at law serving Alliance Redwood, California that can assist you?
Civil litigation is the method through which civil matters are fixed in a courtroom. Civil matters can be described as cases dealing with relationships between people, for example a marriage, or a contract dispute between corporations. Rather than a case being a person versus the government, like 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to visit an attorney about potential civil litigation?
Any time you are nervous that a company dispute might lead to formal legal action, it is crucial that you talk about your own options with federal litigation counsel. While legal action is certainly one way to approach a dispute, there are other less-costly available choices too. The sooner you get litigation counsel involved, 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 skilled litigator can assert your company’s rights in the court, he or she should also be able to assist you to explore alternatives that actually do not involve setting course for trial.
Q: My business in Alliance Redwood has just been sued. Just what do I need to understand about the civil litigation process?
In case your organization has just been sued, the first thing you need to perform is be sure you possess a clear understanding from the deadlines that apply in your case. You’ll need to respond towards the plaintiff’s complaint within the timeframe specified under the applicable court guidelines (state or federal); and, if you’re going to challenge specific concerns with all the complaint, you might need to meet a certain deadline with regard to these challenges as well.
At this point, your business also must initiate a “litigation hold.” This can be a systematic process of preserving hardcopy and electronic records that might potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it might also be necessary to suspend current records-management protocols – such as those that involve the deletion or overwriting of electronic files within the ordinary course of business enterprise.
As well as pre-trial motions, hearings, and settlement negotiations, complicated organization disputes also generally involve voluminous electronic discovery. Both parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant for the litigation, and meeting your production obligation is usually one of the most onerous aspects on the litigation procedure. On the other hand, you’ll find different grounds for challenging discovery requests in civil litigation, and your attorneys will likely be capable to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) approaches you are able to use the discovery course of action to gain leverage in the litigation.
Q: We took action against a former employee who violated confidentiality, and now we are facing a lawsuit and a public relations nightmare. What options do we’ve got available?
This can be a potentially challenging circumstance, and a single that calls for a swift and strategic approach. Though providers need to take sufficient steps to defend their proprietary data, in addition they will need to be cognizant of 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 corporation, they are matters that may be addressed by way of formal legal procedures. In case 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 depend upon a number of components, such as the scope in the deficiency and the possible effects around the litigation. In situations of intentional failure or gross negligence, companies can face considerable sanctions; which includes a potential “negative inference” based upon the perceived wish to maintain particular information and facts in the other party. Instituting and internally enforcing an acceptable litigation hold can be a needed part of the litigation procedure, and it truly is some thing that all businesses have to do in very good faith and with all the guidance of skilled litigation counsel.
Q: Is it doable to pursue federal civil litigation against a corporation that is certainly currently facing a federal investigation?
Yes. In truth, it is widespread for firms that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If a further company’s illegal conduct has harmed your company, we can allow you to seek legal treatments in court. Conversely, for anyone who is 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 inside your civil case can potentially effect your government investigation (and vice versa).
Another typical situation 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 receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are typically filed by disgruntled former workers and competitors with ulterior motives, and with small (if any) substantive proof. In case 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 getting filed.
Q: When do I really need to contemplate taking legal action to guard my company?
As we mentioned earlier, in the event you are facing any prospective organization dispute with legal implications, looking for legal guidance promptly could be the ideal approach to stay away from expensive and contentious litigation down the line. Some examples of situations where it’s going to usually be advisable to engage litigation counsel to conduct a case assessment incorporate:
- 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