Legal Question in Personal Injury in Virginia

the federal government has requested confidential client files from my company. government wants original files and is not giving me enough time to copy files. if i don't send files within required time frame, the government threatens to withhold payment from my company. what can i do to get more time, is an injunction the correct course of action.


Asked on 5/10/10, 4:16 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

First, I wonder about providing them confidential client files. Is this a civil demand (such as for a merger or other regualtory mattter) or is this a criminal investigation?

If you are talking about withholdikng payment, then it sounds like this is simply a government contracting matter.

You might have an obligation to inform the clients that you are giving the government their files.

That depends upon the tyep of government request. If it were a criminal demand, you might not have the freedom to tell them.

Second, if this is a contracting matter then you clearly have the right to comply to the best of your ability.

If you do the best that you can, in a purely contracting matter, this "substantial compliance" should be adequate.

Give them everything you can on time.

Tell them in writing that you are copying the rest as fast as you can and they will receive everything very soon.

And then give them the rest as soon as you can.

Since they will have to start processing the first files and can't do it all at once, this really should not slow them down at all.

However, they do not have a right to significantly delay payment simply because you are a little bit late on the documents.

They might not have to pay you until you submit al lthe required information.

But they cannot significantly penalize you for "substantial compliance" -- doing the best you can and complying almost all the way.

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Answered on 5/17/10, 4:24 pm


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