Legal Resources

So, Your Corporation Has Been Sued? What to Do in the First 30 Days

InfoPAK Download pdf March 2009


Sponsored by: ACC

This InfoPAK is intended to guide in-house counsel on the steps that should be taken in the first thirty days after its company has been sued. It includes a general overview of what issues to consider when the corporation has been sued, along with general strategies to efficiently manage the lawsuit. With a step-by-step approach, this document outline some of the key areas of concern, from deciding whether to use outside counsel, to initial court filings to attorney-client privilege.

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Keywords:  Attorney-Client Privilege; Internal Investigations; Litigation; Outsourcing and Client Relationships

Table of Contents

I Introduction

II Pre-Lawsuit Preparation

  • Who May Accept Service for the Company?

  • Actions by Persons Served with Summons

III Introduction to Document Retention

  • Paper Document Retention and Disposal

  • Electronic Document Retention and Disposal

IV First Steps Upon Receiving Notice

  • Type of Suit
    • Class Action
    • Employment
    • General Torts
    • Intellectual Property
    • Federal Enforcement
    • Other
    • Jurisdiction
  • The Plaintiff(s)

  • The Defendant(s)
  • Relief Sought
  • Details of Service

V In-House or Outside Counsel?

  • In-House Counsel
  • Outside Counsel 
    • Seek Referrals from Other Corporate Counsel
    • Prior Experience with the Particular Type of Suit
    • Preferred Communication Structure
    • Cost of the Representation
    • Objectives of Your Defense

VI Familiarize Yourself with the Facts of the Case

  • Potential Witnesses
  • Other Defendants

  • Insurance Coverage

VII Initial Investigation

  • Which Witnesses Will Need to be Questioned?
  • Are Site Visits Necessary?

  • Size and Scope of the Investigation
  • Outside Consultant or Other Experts

VIII Attorney-Client Privilege


  • Conducting an Internal Investigation
    • Talking to Employees
    • Protecting the Corporate Privilege
    • Tips for Protecting the Corporate Privilege During an Internal Investigation
  • Waiving the Attorney-Client Privilege
    • The Thompson Memorandum and Federal Investigations
    • The McNulty Memorandum
  • Future Outlook for Enforcement

IX Identify Key Legal Dates

  • Answer
  • Removal
    • Federal Question
    • Diversity
  • Counterclaims or Crossclaims
    • Counterclaims
    • Crossclaims

  • Motion to Dismiss
  • Extension of Time

X Initial Court Filings

  • Failure to State a Claim
    • Eliminating All or Part of the Claims
    • Educating the Court on Issues of Concern
  • Lack of Jurisdiction
    • Personal Jurisdiction
    • Subject Matter Jurisdiction
  • Lack of Capacity to Sue 
    • Corporate Capacity
    • Individual or Representative Capacity

XI Preparing for the Next 30 Days

  • Discovery
    • Document Requests
    • Interrogatories

    • Depositions
    • Admissions

    • Inspection of Land or Property

    • Physical or Mental Examinations
  • Settlement Discussions and Alternative Dispute Resolution
    • Settlement Discussions

    • Mediation
    • Arbitration
  • Litigation Calendar

XII Conclusion

XIII Additional Resources

XIV Endnotes