Receiving a lawsuit can be overwhelming and often unsettling, even for seasoned legal teams.
However, crafting a solid strategy to navigate new litigation can significantly relieve stress and streamline the process.
Though each legal case is unique, adopting the following practices can provide a helpful framework when facing new litigation.
By following these recommendations, organizations can better respect critical timelines and establish a strong defense.
While this guide primarily focuses on federal lawsuits, many state court procedures bear similarities, albeit with some variations in specific timelines.
1. Careful Review of the Complaint and Verification of Service Details
- Start by contacting your registered agent to confirm the official service date of the lawsuit.
This date is crucial for determining your response deadline, which is typically 21 days for federal cases.
Keep in mind that timelines may differ in state courts and arbitration settings.
- It’s also wise to consult local court rules to verify not only the response deadline but also the procedures for requesting any possible extensions.
- Should the opposing counsel offer to waive formal service, it’s generally beneficial to accept.
In federal cases, this decision extends the time for the defendant to respond to 60 days.
Conversely, if a defendant declines, they may be required to cover service costs and attorneys’ fees.
Additionally, waiving service in federal court typically relinquishes objections tied to service defects, although concerns related to personal jurisdiction and venue may persist.
2. Monitor the Docket for Further Filings
Keep an eye on the online docket for any additional filings.
In certain state court scenarios, uniform management orders may be issued early in the litigation, establishing various deadlines that you should be aware of.
3. Implement Document Hold and Notify Key Personnel
- To safeguard against claims of evidence mishandling or spoliation, organizations must act swiftly to protect relevant documents, including electronic records, as soon as they receive a lawsuit.
Collaborate with your IT department or external vendors to halt any routine document destruction and educate key personnel on their responsibilities to retain significant materials, which can include everything from handwritten notes to temporary communications.
- Make it clear that the document hold notice is confidential and emphasize ongoing loyalty obligations to the organization.
To assess the need for preserving key testimonies, memory fades with time, so it may be prudent to document crucial testimonies from key stakeholders or witnesses early in the process, whether through interviews or affidavits.
Don’t delay in informing relevant insurance carriers about potential litigation expenses or settlement contributions.
Failing to promptly notify insurers about claims may lead to the loss of critical rights or coverage.
Quickly bring in outside legal counsel to conduct a thorough review of the complaint and to discuss your legal strategy moving forward.
If employees or the organization itself are named as defendants, consult with your external counsel regarding whether any employees may need separate representation due to potential conflicts of interest.
With legal counsel on board, evaluate any potential counterclaims, crossclaims, or actions against third parties.
It’s essential to file these in a timely manner; neglecting to do so may result in waiver.
This consideration is especially vital if you decide to respond to the complaint rather than file a motion to dismiss, as such claims generally need to be included in the answer.
Engage experts as early as possible to streamline the discovery process and ensure that leading professionals are not sidelined by opposing counsel.
Retaining these experts on a consulting basis helps maintain privilege, and as the case progresses, reassess the need to designate them as testifying experts.
Facing litigation can feel like navigating a maze, but employing a thoughtful approach when responding to a complaint, along with the timely preservation of evidence and careful attention to insurance matters, can significantly boost your organization’s chances of success.
Foley is here to help you conquer both the immediate and long-term implications that arise from regulatory changes or litigation threats.
With our expertise, we are equipped to guide you through these crucial legal considerations affecting your business and industry challenges.
Source: Natlawreview