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Frequently Asked Questions

Frequently Asked Questions

One uses a class action lawsuit when one or more individuals, called the “lead plaintiffs,” file complaints against a company they believe is responsible for their injuries. If the judge certifies the litigation as a class action, other individuals with similar grievances may also file a claim and join the plaintiff class.

The number of people you need for a class action lawsuit in Pennsylvania is flexible. Firstly, the class must be certified for a class action lawsuit. Once that is considered, courts are more likely to certify a class when there are forty or more plaintiffs.

Commercial litigation involves legal actions that affect businesses. These cases often revolve around disputes over contracts, debt collection, trade secrets, personnel matters, discrimination claims, and other related issues. Essentially, commercial litigation refers to a conflict that has escalated to the point of a lawsuit and involves a business.

Yes, a commercial litigation attorney can help with non-compete agreements to safeguard the interests of a company. Therefore, it is recommended to seek the services of a business litigation attorney to enforce non-compete agreements. This legal measure can ensure that employees or former employees do not engage in activities detrimental to the company’s operations or reputation. The attorney can provide expert guidance on drafting and enforcing such agreements and represent the company in case of any legal disputes arising from non-compliance. 

A Compliance Investigation is a process characterized by a comprehensive analysis aimed at detecting and addressing fraud, waste, or misuse of relevant laws and regulations. Through a rigorous examination of various elements and factors, this investigation seeks to identify any irregularities or potential violations and take appropriate corrective measures to ensure compliance with pertinent legal and regulatory requirements.

One would be subject to a compliance investigation when a company or industry is suspected of not following state laws or regulations related to safety, environmental standards, labor practices, or other areas.

Pennsylvania’s major business structures include business formation options such as LLCs, corporations, partnerships, and sole proprietorships. These options depend on liability protection, taxation, management preferences, and long-term business goals. You can pick one for your firm by consulting a lawyer and making an informed decision.

There are five main steps in forming an LLC in Pennsylvania:

  1. Choosing a unique business name. 
  2. Submitting the Articles of Organization to the Pennsylvania Department of State
  3. It is recommended to draft an operating agreement, although it is not required.
  4. Obtaining the necessary permits and licenses.
  5. Filing yearly reports to uphold good standing.

Employee investigations involve employers conducting official investigations to gather information on workplace issues such as harassment, discrimination, theft, or policy violations.

Depending on the findings, an employee investigation has various potential outcomes. These outcomes can include taking no action, issuing warnings or suspensions, terminating employment, providing additional training, counseling, implementing policy changes, or pursuing legal action in cases of significant wrongdoing or infractions. Each action will be taken following company policies and procedures, as well as applicable laws and regulations.

Mediation involves a confidential process where an impartial third party, commonly called a mediator, facilitates the negotiation between the parties in conflict. Mediation aims to help the conflicting parties reach a mutually acceptable agreement or settlement without going to court. It is a voluntary process, meaning both parties must consent to participate in the mediation process.

Mediation is a collaborative and cost-effective way to resolve problems with neighbors, business partners, or family members. It can help with issues like divorce, jobs, and commercial disputes.

The primary distinction between C and S corporations is their taxing systems and eligibility conditions. C corporations may experience double taxation, while S corporations enjoy pass-through taxation. However, S corporations have specific eligibility criteria, such as having a limited number of stockholders and being a U.S. resident.

The liability consequences in Pennsylvania for general and limited partners in a limited partnership state that general partners are fully responsible for the business’s actions and commitments and have unlimited liability. Limited partners, on the other hand, only risk the amount of money they invested. This unique structure allows for a clear separation between the management and financial interests of the company.

Being charged with a white-collar crime in Pennsylvania can have serious consequences, including substantial fines, imprisonment, and harm to a person’s reputation. The severity of these repercussions varies depending on several factors, such as the nature of the offense, the monetary amount involved, and any prior criminal history.

Federal and state law enforcement agencies, such as the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and state law enforcement, work together to investigate and prosecute white-collar crimes. They conduct both internal and criminal investigations, often simultaneously, to collect evidence and build cases against individuals or organizations accused of these offenses.

Have more questions? Contact McCabe.Law Group, LLC Today.