Business Litigation San Jose

A LEADING BUSINESS ATTORNEY SAN JOSE LAW FIRM

As a lawyer focusing in Business Litigation in San Jose, Attorney Nick Heimlich has built an impressive list of case results. If you are looking for an attorney who focuses in Business Litigation in San Jose, experience is one of the most important things that you need to consider. You should discuss with your attorney whether he has handled cases like yours or represented clients in court for similar issues.

Nicholas Heimlich is a native of San Jose and still lives in the area. He has a proven track record when it comes to Business Litigation San Jose. The list of cases and settlements that he has won for his clients there can prove the effectiveness of his business law firm.

nick heimlich law focuses on business litigation lawyer expertise
Here are some of the cases that he has handled as a San Jose business litigation lawyer. This impressive list should be enough to convince you that Attorney Heimlich can really help you out.

  • Perhaps the biggest proof of the competence and skill Attorney Heimlich as a business lawyer San Jose is the$45,000,000 plus settlement that he was able to win for a client. The client was a small business going against a large company in a breach of contract case. So if you have a problem with contract dispute in San Jose, you have a great option.
  • Attorney Nick Heimlich has also some experience outside of San Jose and California. He was able to help a hotel owner in Minnesota who was involved in a franchise dispute. The client was able to save more than $1,000,000 without having to go through litigation.
  • In another case of a contract dispute, the firm helped a small business that was in danger of failing because of a supplier that refused to deliver based on their agreement. Within three months, the case was settled and the supplier started delivering the required items that were valued at around $1 million.
  • As an experienced lawyer in Business Litigation San Jose Attorney Heimlich represented a franchisee against an international hotel corporation. He was able to settle the litigation while saving the San Jose client more than half a million dollars.

Those are just some of the cases that were worked on by Nick Heimlich. As you can see, he has been able to save clients a great deal of money or able to get them substantial amounts in settlement.

Business Disputes

As a lawyer who has handled many cases of Business Litigation in San Jose, Attorney Nick Heimlich is very familiar with business disputes in the San Jose area. Business disputes sometimes happen when shareholders of a company stop trusting each other. The dispute sometimes stems from a lack of full disclosure of company revenue or expenses.

Disputes about profits are not the only causes of contention among shareholders. The benefits and salaries of the officers of a corporation can also cause problems. Whatever the causes of business disputes, the only sure thing is that it is not easy to resolve them.

Attorney Nick Heimlich can lend a hand in resolving such issues. He has done the same thing for many of his clients.

So if you want a business lawyer in the San Jose area that you can count on, you can call on the Law Offices of Nicholas D. Heimlich.

website disputes nick heimlich law

Stages of a Lawsuit:

What happens when I’ve been sued?

You will receive (hopefully by being handed it personally) a copy of the lawsuit, often called a Complaint or Lawsuit. The Lawsuit will be in a particular forum, such as Santa Clara County Superior Court, United States District Court, Northern District of California, or an administrative body, such as the Department of Labor and Standards Enforcement. The papers you are handed will likely consist of a few items including a summons (or some demand for you to respond or appear) and a written explanation of why you are being sued by someone. The suit will also explain why the other party is seeking money or some response from you.

Can I just ignore it?

No, you can’t ignore it. If you fail to respond to a lawsuit, it is possible the Court or other body may find you at fault and either enter a judgment against you for money or other relief deeming you at fault. Having a judgment against you could result in seizure of money or assets of yours and may adversely affect your credit.

How do I respond?

You should consult with an attorney, but you must file a written response with the Court and serving the other side with a copy of your filing. The filing must meet certain requirements in terms of responding to the allegations made, format, type and other issues. Those requirements are based on state law, local court rules, and your desired goal and the facts of each case. If you fail to include certain items in your response you could be waiving issues.

What happens after I file a response?

Depending on the forum, here are some likely scenarios:

In the Department of Labor and Standards Enforcement they either follow a one or two hearing format. The first hearing (if they have two) is usually a hearing to discuss the case with a Labor Commissioner and to try to see if the two parties can reach a mutual settlement agreement to resolve the issue. The second hearing is an evidentiary hearing where witnesses and documents are presented to the Hearing Officer, who will render an award. If either party contest the Award, then it can be appealed De Novo, but requires specific deadlines and details to appeal the Award.

In a State Court in California, after the Answer, the Court has various Case Management Conferences (and you file a Case Management Statement before each one) that determine the timeline for a case. After an Answer (assuming there were not motions to challenge the Complaint or Answer), then the parties conduct discovery (this can also be done before an answer) to exchange documents and facts or interview witnesses or parties. After the parties are satisfied with discovery they may make motions to try to dismiss part or all of the case. The parties may also make motions to demand documents or facts in discovery responses. After all the Complaint, Answer, Discovery, and any Motions, then the Court may finally have a trial. At trial, you can present witnesses and documents and then have the Judge or Jury make a decision on the case. This is an abbreviated example, but it covers the basic categories. The lawsuit process may also have other steps such as alternative dispute resolution (alternatives to trial) such as mediation, arbitration, or settlement conferences. The lawsuit process can vary in length but can sometimes take from filing to trial 2-3 years.

In Federal Court in California, the process is somewhat like the State Court, but different time deadlines apply and the Court sometimes has more extensive discussions about discovery.

What if I have no money (or the Company I run is doing poorly)?

This does not prevent the other side from getting a judgment. Now, whether they can collect on the judgment depends on the type of claim and the amount of your assets and whether your assets are protected from Judgment by some legal exclusion. Generally speaking, judgments are good for a long time (in CA 10 years and can be renewed for another 10 years), so even if you don’t have money now, you may in the future and they may try to collect it then.

What about Bankruptcy?

For some people bankruptcy is an option, however that is not my practice area. Bankruptcy has strict limitations on who would be allowed to be deemed bankrupt and to have their debts forgiven. If you think Bankruptcy is an option you want to consider, I can provide you with referrals to an attorney who focuses on Bankruptcy.

How do I decide what to do in a lawsuit after I have been sued?

First, you need to carefully review the Complaint. That means read it 2-3 times and take notes on each and every paragraph. Writing up your response to each paragraph will help you determine any points of agreement or the extent of disagreement by you to the lawsuit. Second, you need to gather any relevant documents to examine the accuracy of the claims being made against you. Third, you should contact an attorney. Depending on the forum (Court or agency) you are sued in you may have 20- 30 days to respond (or less or more).

Will my case go to trial or will it settle?

Each case is different because it involves two parties and possibly different facts than other cases. Thus, for each case whether a case will settle short of trial or go to trial depends on the parties involved, the amount of money involved and the distance between the parties in terms of their opinion on the value of the case. I’ve seen cases that are worth six figures and more ($100,000+) settle in less than 2 months after filing and I’ve seen cases that are low five figures ($25,000 or less) take over a year to settle. The odds are that most cases settle, nearly 95%+, so the odds of going to trial are exceeding small.

How can I respond to a lawsuit?

There are a few ways to respond to a lawsuit, and this brief note will cover some of the most common. First, you and your attorney should review the Complaint in detail, meaning paragraph by paragraph. The attorney should ask you about the truth of each paragraph and receive your response as to whether it is accurate, partially accurate, or not at all accurate. This input could be done by the client typing up the response or at a meeting with the client. In preparation for the meeting, it works better if a client and the attorney have already reviewed the Complaint and located relevant records or documents.

After getting together the response for each paragraph, the attorney should also ask about any reason the client believes that the lawsuit is wrong or that their client does not owe the money. This may uncover legal defenses, documentation issues or other concerns.

One common way to respond is by filing an Answer with the Court which sets forth a response by either admitting or denying the allegations of the Complaint. The Answer often also contains defenses to the Complaint such as time limitations that the Plaintiff failed to follow or other relevant defenses, such as waiver. This Answer will have to be filed with the Court and served on the other side or their attorney. This must be done in writing and meet the Court’s requirements for an answer. If items are left out, then the Court may reject the filing. There are likely also court fees that may need to be paid when the Answer is filed.

Another way to respond to the lawsuit is by filing what is called a motion to dismiss or a demurrer (in California). This motion would be a legal argument as to why some or all of the causes of action (claims) made by a party are not proper claims. Each cause of action requires certain details or elements that should be pled or recited by law. If the party filing this document has not pled the required elements, then the pleading may be challenged and the court may dismiss the claim. The party who did not plead the requirements will often be given a chance to fix their problems. However, if the party cannot fix the problems, then this motion may remove certain claims or issues from the case at the early stage.