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Brandon, Kathryn and Michael Schwartz

Schwartz Law Firm Legal Blog

Why do shareholders litigate against businesses?

Shareholders typically invest in businesses as a way of turning their capital into ongoing revenue and/or because they truly believe in the business’s purpose. Successful business investments allow shareholders to receive dividend payments and influence how the...

Timely action is needed to enforce a construction lien.

Businesses operating in the construction sector often generate significant revenue. A single project could be worth six or seven figures, especially if the client is a commercial entity rather than a residential homeowner. In most cases, construction companies do not receive payment in full when they begin work on a project. Instead, they accept a down payment and then establish…

Remedies the courts offer when a former partner unfairly competes.

Typically, a business co-owner’s exit from the organization is the end of disputes related to company operations. Partners establish very clear standards in a buyout scenario, often in accordance with the initial partnership agreement. Frequently, the contracts executed as part of one owner’s exit from the company include several restrictive covenants. The exiting business partner or executive is often subject…

When construction contract concerns require a litigated response.

When companies handling multi-million-dollar construction projects find themselves navigating disputes over contracts, it is possible that the only way to reach a just resolution is litigation. While many construction disagreements are resolved through negotiation, some situations demand a litigated response in order to protect a company’s financial interests, reputation and/or contractual rights. When companies are trying to complete projects valued…

What behaviors might constitute shareholder oppression?

Shareholders often play a key role in large, successful businesses. They provide financial support during the startup stage or during periods of expansion or financial hardship. Companies that take on shareholders by selling stocks grant those investors or equity owners certain rights and protections. Unfortunately, those who have sizable ownership interests or leadership roles within an organization do not always…

Self-dealing is a breach of a business partner’s fiduciary duty.

Business partners have to put a lot of faith in one another. They need to trust each other to follow through on their promises and to act in the best interests of the company. Business partners have a fiduciary duty to the company. That means they should put the company’s best interests ahead of their own wishes. Not everyone interested…