So what’s Civil Litigation as well as an attorney servicing Alviso, California to assist you?
Civil litigation is the procedure in which civil matters are fixed in a court of law. Civil matters can be described as cases dealing with relationships between people, say for example a marriage, or a contract dispute between firms. Instead of a case being a person versus the government, like a criminal matter, civil cases are any person or business 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 Important questions (FAQs): Federal & State Civil Litigation
Q: When is it time for you to speak with an attorney at law about potential civil litigation?
When anxious that a company dispute might lead to formal legal action, it is crucial that you discuss your options with federal litigation counsel. While legal action can be a way to address a dispute, there might be other less-costly alternatives available too. The earlier you get litigation counsel included, the better the chance you will have to find an informal solution that protects your company without the time and money of litigation. While a highly skilled litigator can assert your company’s rights in the courtroom, he or she should also be able to help you explore alternatives that actually do not involve setting course for trial.
Q: My business in Alviso has just been sued. What exactly do I need to know about the civil litigation process?
If your enterprise has just been sued, the first thing you may need to perform is make sure you have a clear understanding on the deadlines that apply inside your case. You may need to respond towards the plaintiff’s complaint within the timeframe specified beneath the applicable court rules (state or federal); and, should you be going to challenge certain difficulties together with the complaint, you could possibly require to meet a specific deadline with regard to these challenges too.
At this point, your organization also needs to initiate a “litigation hold.” This is a systematic process of preserving hardcopy and electronic records that may potentially be discoverable in the litigation. Relevant personnel have to be advised accordingly, and it might also be necessary to suspend existing records-management protocols – including those that involve the deletion or overwriting of electronic files in the ordinary course of company.
As well as pre-trial motions, hearings, and settlement negotiations, complicated small business disputes also often involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents that happen to be relevant towards the litigation, and meeting your production obligation may be one of the most onerous elements on the litigation procedure. However, you’ll find various grounds for challenging discovery requests in civil litigation, and your attorneys will likely be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) techniques you may make use of the discovery method to obtain leverage inside the litigation.
Q: We took action against a previous employee who breached privacy, and now we’re facing a lawsuit in addition to a public relations nightmare. What choices do we have available?
This is a potentially difficult predicament, and 1 that requires a swift and strategic strategy. When organizations need to take sufficient steps to protect their proprietary information and facts, additionally they have to have to become cognizant of your 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 firm, they are matters which can be addressed through formal legal procedures. In case your company’s image is getting battered within the public arena, we can 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 a range of aspects, including the scope from the deficiency and also the potential effects around the litigation. In circumstances of intentional failure or gross negligence, organizations can face significant sanctions; such as a prospective “negative inference” based upon the perceived wish to maintain particular data in the other party. Instituting and internally enforcing an proper litigation hold can be a necessary part of the litigation course of action, and it is something that all providers should do in fantastic faith and using the guidance of seasoned litigation counsel.
Q: Is it doable to pursue federal civil litigation against a organization that is certainly currently facing a federal investigation?
Yes. In actual fact, it is actually typical for companies that violate federal privacy, securities, antitrust, and healthcare laws to face parallel civil litigation and government enforcement proceedings. If another company’s illegal conduct has harmed your company, we are able to assist you to seek legal treatments in court. Conversely, if you’re facing a federal investigation and have also been served with a civil complaint, we can represent you in each proceedings. Within the latter scenario, it may be of vital value to have counsel who can represent you in each matters, as decisions 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. Inside 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 receive a sizable portion of any restitution, fines, or other economic penalties the government collects. Qui tam actions are often filed by disgruntled former workers and competitors with ulterior motives, and with little (if any) substantive evidence. If your company 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 becoming filed.
Q: When do I ought to take into consideration taking legal action to protect my company?
As we talked about earlier, when you are facing any possible organization dispute with legal implications, looking for legal guidance promptly could be the very best method to steer clear of pricey and contentious litigation down the line. Some examples of circumstances exactly where it’s going to 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