So what’s Civil Litigation as well as an attorney servicing Albrae, California that will help you?
Civil litigation is the procedure in which civil matters are resolved in a courtroom. Civil matters can be described as cases dealing with relationships between people, perhaps a marriage, or a contract dispute between businesses. Rather than a case being a person versus the government, as with a criminal matter, civil cases are an individual 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 to consult an attorney at law about potential civil litigation?
Any time you are anxious that a company dispute might lead to formal legal action, it is vital that you talk about your own choices with federal litigation counsel. While a lawsuit can be a way to approach a dispute, there can be other less-costly alternatives too. The sooner you get litigation counsel involved, the better the potential you will need to find an informal solution that protects your company without the time and expense of litigation. While a highly trained litigator will be able to 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 Albrae has just been sued. Things I need to understand about the civil litigation process?
If your business enterprise has just been sued, the very first thing you may need to complete is be sure to have a clear understanding of the deadlines that apply within your case. You need to respond for the plaintiff’s complaint within the timeframe specified below the applicable court guidelines (state or federal); and, if you’re going to challenge particular problems with all the complaint, you could need to meet a distinct deadline with regard to these challenges as well.
At this point, your company also must initiate a “litigation hold.” This can be a systematic approach of preserving hardcopy and electronic records that may potentially be discoverable inside the litigation. Relevant personnel have to be advised accordingly, and it may also be necessary to suspend present records-management protocols – which includes those that involve the deletion or overwriting of electronic files within the ordinary course of business.
Along with pre-trial motions, hearings, and settlement negotiations, complex business enterprise disputes also frequently involve voluminous electronic discovery. Each parties (or all parties in multi-party litigation) are entitled to request production of documents which are relevant to the litigation, and meeting your production obligation might be probably the most onerous aspects with the litigation process. Even so, there are actually various grounds for difficult discovery requests in civil litigation, as well as your attorneys are going to be in a position to advise you of both (i) approaches for limiting your company’s discovery obligations, and (ii) methods you can make use of the discovery process to obtain leverage within the litigation.
Q: We took action against a previous worker who violated privacy, and now we’re facing a lawsuit and a public relations nightmare. What solutions do we’ve got available?
This is a potentially difficult situation, and 1 that needs a swift and strategic strategy. Whilst businesses require to take sufficient actions to shield their proprietary information, they also need to become cognizant on 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 business, these are matters which can be addressed through formal legal procedures. In case your company’s image is becoming battered inside 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 number of variables, including the scope with the deficiency plus the possible effects around the litigation. In instances of intentional failure or gross negligence, businesses can face significant sanctions; such as a possible “negative inference” based upon the perceived want to maintain certain information from the other party. Instituting and internally enforcing an appropriate litigation hold is actually a important a part of the litigation course of action, and it’s something that all firms should do in good faith and with the guidance of skilled litigation counsel.
Q: Is it achievable to pursue federal civil litigation against a organization that’s already facing a federal investigation?
Yes. In reality, it’s prevalent for organizations 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 are able to allow you to seek legal remedies 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. Inside the latter scenario, it may be of essential value to have counsel who can represent you in both matters, as choices you make within your civil case can potentially effect your government investigation (and vice versa).
A further widespread situation where private action can cause government enforcement is qui tam (or “whistleblower”) litigation. Within a qui tam case, the government investigates allegations made by a private citizen (known as the “relator”); and when 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 frequently filed by disgruntled former workers and competitors with ulterior motives, and with tiny (if any) substantive proof. In case your business is facing a qui tam lawsuit, we are able to take aggressive measures to intervene within the government’s investigation and seek to prevent charges from becoming filed.
Q: When do I need to think about taking legal action to shield my company?
As we mentioned earlier, in the event you are facing any prospective business dispute with legal implications, looking for legal advice promptly is often the top solution to stay away from pricey and contentious litigation down the line. Some examples of circumstances where it will normally 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