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There are statutes of limitations that time bar you from bringing claims after a certain date. The deadlines depend on the claims at issue and vary depending on state. There is also the general equitable doctrine of laches which can preclude some or all of your recovery in specific factual situations where you delay in pursuing your rights. Do not wait. Take action once you know or should know of a claim to make your decision on whether you are pursuing the same.

You may have insurance that possibly covers you from liability in whole or in part from a claim against you or provides you defense in the form of an attorney. Review your policies both personal and business as soon as you think someone may have a claim against you or your company. If there is potential coverage, it is your decision if you wish to submit something to your insurance carrier and there are consequences if you chose to submit and consequences if you chose not to submit. Please note that some insurance policies require you as the policy holder to submit notice of a claim or a potential claim by a certain date for coverage to apply.

In the event you become aware of a dispute or even the potential for a dispute, recent laws and case decisions in many states and within the Federal Court system now require the parties involved in a dispute or even a potential dispute to preserve and maintain any and all documents, data, and files related to the dispute in BOTH HARD COPY AND ELECTRONIC FORM. Electronic data often includes metadata. Metadata is the structured, encoded data that describes the characteristics of information-bearing entities, or data about the data. Metadata can describe how, when, and by who electronically stored information was created, accessed, and modified. Some metadata is visible, other is hidden.

All such data must be preserved and retained whether it is on hard drives, servers, clouds, networks, smartphones, online social media or software sites, laptops, desktops, or tablets.

If you fail to maintain such documentation either intentionally or unintentionally, your rights and claims may be seriously and negatively affected and serious sanctions may be levied against you. Therefore it is your obligation and duty under the law to preserve all hard documents regardless of their favorable or unfavorable contents related in any manner to the dispute. It is also your obligation and duty under the law to preserve all electronic documents and electronic data including metadata. This means emails must be preserved, electronic files of all kinds must be preserved, information on websites and social networking pages must be maintained or preserved. More than preserved said electronic files and data must not be modified or moved from one server to another or one location on a computer or hard drive to another as this destroys critical or crucial possibly discoverable data. Consult with your IT professional about retention and protection.

Generally and subject to statutory exceptions and exclusions, communications between an attorney and a client are confidential. Generally and subject to statutory exceptions and exclusions, communications between an attorney and a potential client are confidential. To keep confidential communications confidential, be advised that you must not discuss with any person or third party any attorney client communications, even family members or friends. You must also not forward attorney client email communications to third parties or share the information with others. It is possible that any such “sharing” will cause a confidential communication to no longer be subject to confidentiality and be subject to discovery, which may negatively affect the outcome of your case or legal issue.

In the event you become aware of a dispute or even the potential for a dispute which involves you or your property or interests, do not discuss or email or otherwise communicate with anyone about the events or circumstances of the dispute other than with a licensed attorney. Information communicated to others may be discoverable in a litigation and could negatively affect the outcome of your case or dispute. This includes NO posting information related to the dispute online or using various social media such as Twitter or Facebook or similar social media sites. Information communicated to others may be discoverable in a lawsuit and could negatively affect the outcome of your case or dispute.

Document any communications you may have. If you chose to communicate with the other side in a negotiation, a potential dispute, or an actual dispute for any reason document your communication in writing. Send a letter dated, signed, and return receipt requested. Obtain fax confirmation sheets for a faxed confirmed letter. Send an email and keep a copy of said email memorializing any phone conversations you may have. Do not rely on a verbal promise or assurance. Get it in writing. Get your conversations in writing.

If you are in a dispute or a potential dispute arises, do not admit to any wrongdoing without first consulting with legal counsel. If you are in a dispute or a potential dispute arises, do not sign any document or accept any monies or funds without first verifying that you are not releasing your rights or claims against the other person or party. Alternatively, do not pay any money to resolve a dispute or potential dispute without first obtaining in writing a legally sufficient written release of liability and claims.

If you are facing a legal dispute or a potential future legal dispute where you may be found financially responsible and liable to pay a third party or opposing party, you are limited by state law as to what legal asset protection you may engage in without violating the law. Please note that any transfer of property or monies you make from yourself to another or another entity when you are facing a legal dispute or potential future legal dispute could possibly under applicable state law be considered a fraudulent transfer to avoid a creditor or potential creditor. Seek attorney advice before making transfers of such kind when you are faced with a current or potential future creditor.

Business transactional decisions, as well as civil litigation, can have substantial tax implications. This law office does not provide tax, financial or economic advice. Be sure to consult with a licensed Certified Public Accountant or other tax or financial specialists to receive information and advice as to the risks and benefits of certain legal decisions.

Depending on your immigration status if you are not a U.S. Citizen, filing a lawsuit, defending a lawsuit, and moving forward with real estate or business transactions may have immigration consequence. Assly Sayyar Attorney at Law is NOT an immigration attorney and cannot and will not provide immigration advice. You are strongly encouraged and advised if you are not a U.S. Citizen to seek out immigration counsel and obtain legal advice from them as to whether or not the legal services you are seeking from this law firm may affect your immigration status.