We Offer A Professional And Client-Centric Approach To Serving The Needs Of Our Clients

Brandon, Kathryn and Michael Schwartz

Business Litigation

Recognition from The American Bar Foundation for our dedication to the legal profession.

Schwartz Law Firm is proud to announce that Brandon was recognized by The American Bar Foundation as a Life Fellow. Fellows are:  “The Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their…

Are you a business owner facing divorce?

Facing a divorce is difficult.  Facing a divorce as a business owner adds another element of stress as you navigate both the divorce and keeping your business, co-owners, customers and employees moving in the right direction.  We discussed our ability to chart a successful path forward for business owners facing divorce in this issue with ReelLawyers. The material contained herein…

Derivative member litigation success in Carver County (Minnesota)!

Case No. 10-CV-20-155 in Carver County involved competing claims against members of a Minnesota limited liability company conducting business in Michigan for breaches of fiduciary duty and usurpation of corporate opportunities. The Defendants also asserted a litany of counterclaims against the Plaintiffs. Representing the Plaintiffs, Schwartz Law Firm successfully obtained dismissal of all counterclaims against the Plaintiffs and obtained three…

What types of shareholder disputes are we seeing in our practice?

Shareholder disputes can arise in many shapes and forms.  We discussed with ReelLawyers the types of such disputes which appear on the rise.  Having an attorney experienced in shareholder dispute litigation is key to achieving an optimal outcome. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining…

Congratulations to Landscapes Unlimited Outdoors, Inc.!

In transitioning to more video blogs this year, we also wanted to share more of the successes our clients we proudly serve have achieved. Landscapes Unlimited Outdoors, Inc. is a residential landscaping company that had executed a commercial purchase agreement to buy real property.  When the buyer tried to back out, Schwartz Law Firm filed a declaratory judgment action in…

What sets us apart from other law firms?

We discussed with ReelLawyers what sets Schwartz Law Firm apart.  Check it out here! About Schwartz Law Firm 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…

REQUESTING RECORDS FROM A LIMITED LIABILITY COMPANY

Last week, we discussed how to request records from a corporation.  Are there similar rights for a member of a limited liability company (“LLC”)?  Yes.  How to get the information depends on whether the LLC is a member-managed LLC or a manager-managed/board-managed LLC. Under Minn. Stat. § 322C.0410, a member may inspect and copy during regular business hours, at a…

SO YOU WANT TO START A LAWSUIT (OR YOU HAVE BEEN SUED)

Litigation can be stressful, time-consuming, and scary.  Knowing the procedures of litigation can help ease the anxiety.  Having an experienced trial lawyer who will explain the process from start to finish will even further alleviate that stress. Litigations commence by the service of the summons and complaint (in Minnesota the summons and complaint do not have to be initially filed…

TRIAL CONSIDERATIONS

As a board-certified civil trial specialist, I have been fortunate enough to have been entrusted with handling my fair share of cases to conclusion at trial (both court and jury) and arbitration.  This is rare nowadays.  The vast majority of cases (95% plus) settle short of trial.  Trials are risky and expensive.  We have seen some high-profile trials recently in…

NON-COMPETES – ARE THEY ENFORCEABLE IN MINNESOTA?

One of the most common questions I get asked is whether non-competes are enforceable in Minnesota.  The answer, like most things in the law, is that it depends on the circumstances. Often times, newly hired employees are required to execute non-competes (also referred to as restrictive covenants) as a condition of commencing employment.  The employer is generally focused on protecting…