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Brandon, Kathryn and Michael Schwartz

Business Litigation

Bet The Company Litigation.

When it is all on the line, you need a fierce advocate.  We honor that trust. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney, nor do you have an attorney-client relationship with Schwartz Law Firm unless and until the same is…

Reducing the risk of conflict when proposing a partnership buyout

Partnership buyouts are a common type of organizational transition. They occur for many different reasons, and can either benefit a company or put the business itself at risk. Conflict between business partners could lead to operational instability or even the dissolution of the organization. The buyout process could also harm the relationship between the partners. How can one partner suggesting…

Should an executive receive severance when terminated for cause?

Executives often benefit from the most expensive compensation packages offered at a business. The salary offered to top-performing executives could be many times higher than the average salary paid to most other employees. Their payment arrangements often include severance packages that apply if they lose their job unexpectedly. After all, executive roles don’t just open up quickly, meaning those who…

3 reasons shareholders may feel compelled to sue an organization.

Shareholders have a vested interest in a particular company’s success and ongoing profitability. They generally want to see the company thrive partially because they will receive dividends based on the income the organization generates. Therefore, reducing expenses and increasing market share are often top priorities for shareholders who are concerned about the future of a company’s operations. Sometimes, shareholders feel…

Gathering evidence of partner misconduct to protect the business.

Successful businesses often have complex financial systems in place. One business partner could potentially make use of gaps in the data collection system that the company uses or their role at the company to embezzle from the organization. Such actions could go without detection for months or even years. When one partner uncovers evidence of another partner’s misappropriation of business…

Direct vs. derivative shareholder lawsuits: What to know.

A company’s shareholders have a big stake in the company’s success, and they have the right to question whether or not the company’s directors, officers and management are actually upholding their fiduciary duties. When shareholders suspect that a company’s directors or management have engaged in some kind of misconduct, they can take legal action. This primarily comes through direct and…

Breaches of duty: Fiduciary responsibilities of executives to shareholders.

Beyond simply steering a company towards profitability, executives of publicly traded companies bear significant responsibilities, often referred to as fiduciary duties, towards their shareholders. As a crucial mechanism for accountability, these obligations form the foundation of corporate governance’s core. These fiduciary responsibilities stem from two core duties: the duty of care and the duty of loyalty. By understanding these obligations,…

2023 Super Lawyers Recognition.

The highest compliment we receive is the trust our clients place in us. The second is the recognition from colleagues and adversaries for our work on behalf of our clients. Thank you to both! The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an…

The value of arbitration in solving business disputes.

In the fast-paced and competitive business world, conflicts and disputes are inevitable. Finding a fair and efficient solution is important to preserving business relationships when disagreements arise. An increasingly popular way of solving business conflicts is arbitration. What is arbitration? Arbitration is a viable alternative to traditional litigation. It is a form of alternative dispute resolution (ADR) in which the…

The Impact of Revenue from a Collaboration Agreement on the 271(e)(1) Defense in Patent Infringement Cases.

Learn more about the impact of revenue from a collaboration agreement on the 271(e)(1) defense in patent infringement cases in this article in Attorney At Law Magazine: The Impact of Revenue from a Collaboration Agreement on the 271(e)(1) Defense in Patent Infringement Cases #trialattorneys #schwartzlawfirm The material contained herein is provided for informational purposes only and is not legal advice, nor…