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Blogs

Commercial Litigation

05/25/2016

According to the Legal Dictionary, when a person, business, or entity enters into a lawsuit, whether they have filed the lawsuit, or are responding to it, they are entering into a process known as “litigation.” Lawsuits or “actions” are brought before the court for the purpose of enforcing a particular right. The process of litigation is actually a series of steps taken to resolve the matter, whether through negotiations toward a settlement, or a court trial.

However, in any occurrence of legal disagreement between businesses, corporations or companies with respect to various types of corporate issues can be subject to commercial business litigation. This happens when two or more businesses are involved in a disagreement and one of them sues the other. All business engagements fall under commercial litigation.

Below are the most common instances of commercial litigation. Let’s discuss them one by one. Read More...

Frequently Asked Questions.

What is this lawsuit? Why am I being sued? A lawsuit is when a person or Company is suing another person or company to request that the Court decide a dispute. Usually, the person filing the lawsuit is looking for a Court to declare their rights or award monetary damages. Read More...

Do I have to respond to the lawsuit? When is my response due? If you have been served properly (which varies depending on the Court and state or country law), then you generally have to answer a lawsuit if you wish to contest the lawsuit. Read More...

Was I served? Service and its requirements are different depending on which Court and state is involved. Service directly on the named Defendant (handed to them) is almost always good service. Read More...

How much money is the other side asking me for? In the lawsuit (called a Complaint in California), there is sometimes a specific amount of money demanded in the Complaint, sometimes there is not. Read More...

What is a Case Management Conference? A Case Management Conference is a hearing by the Court where the Court reviews the status of the case and determines what future hearings or schedule should happen in the case. Read More...

What can I do to resolve my case? Cases get resolved either resolved by the Court or by the Parties, or arbitration if that occurs. To resolve the case, either parties must make motions to try to get the Court to rule in their favor, Read More...

Attorney Nick Heimlich Will Ride at the Tour de Menlo

7/11/2016

Attorney Nicholas Heimlich will be participating in this year’s Tour de Menlo event on August 20, 2016 at the Menlo-Atherton High School in Atherton, CA. Attorney Heimlich will be going for the 46-mile route of the tour.

Nick Heimlich is a San Jose litigation lawyer with years of experience in representing individuals and businesses throughout the state of California. He has handled large cases in the past. In one successful case, he was able to win a $45 million settlement for a client involved in a breach of contract case. He has also worked on defending clients and has helped them in saving substantial amounts of money by limiting their liability. Read More...

Tour de Menlo: Riding for Rotary Scholarships and Community Service

8/20/2016

The day was perfect for a ride to enjoy the scenery, but the riders that gathered last Saturday, August 20, 1016 are not just there to enjoy the scenery or get their weekly dose of workout. They were there for a meaningful cause. They were participants in the Tour de Menlo.

Attorney Nicholas Heimlich was there with the other participants in the event. He joined the 46-mile route of the event. There are two other routes that the participants could join and all three started at the Menlo-Atherton High School. Read More...