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Brandon, Kathryn and Michael Schwartz

Schwartz Law Firm Legal Blog

COMMUNICATION IS KEY

Many business disputes start because of a breakdown in the lines of communication.  While most businesses start with two or more owners all on the same page and either family, friends or acquaintances, for whatever reason while the calendar pages of business ownership change, the communication suffers.  Member/manager or shareholder/director meetings stop happening.  And next the open dialogue in the…

SO YOU LOST YOUR JOB…

Some businesses have flourished during the COVID-19 pandemic.  Some have not.  If you find yourself unemployed and looking to create your own business, how do you do that? In a perfect world, you have an attorney, an accountant and a banker as part of your business creation team.  Your banker can help get your business bank accounts set up and…

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…

REQUESTING RECORDS FROM A CORPORATION

You are a shareholder of a corporation.  Maybe you are on your way out.  Maybe you have been kept in the dark by the directors or other shareholders.  Or maybe you have some other reason for simply wanting to know more about the corporation.  Do you have a right to request records of the corporation?  Yes. Under Minn. Stat. §…

WHO SHOULD BE ON YOUR TEAM WHEN YOU FORM A BUSINESS.

Forming a business can be a daunting, but exciting task.  When you form your business, it is not only important to have your partners, employees, and, certainly products or services in mind, but also your team of professionals who can help guide your business through formation and successful start-up.  Each of these professionals plays a unique and important role. Your…

CONGRATULATIONS TO MICHAEL!

It is with great pride that I get to share that Michael was recognized by Best Lawyers® and named a Best Lawyer in America in the practice area of Litigation – Health Care for 2022!  Best Lawyers in America is a peer-review process “designed to capture, as accurately as possible, the consensus of opinion of leading lawyers about the professional…

WHAT IS BOARD CERTIFICATION FOR ATTORNEYS?

There are board-certified doctors, teachers, and counselors.  There are also board-certified attorneys.  What does that mean exactly as it relates to attorneys? Here in Minnesota, the Minnesota State Bar Association certifies attorneys in specific fields based on meeting certain criteria.  Fewer than 3% of all registered attorneys in Minnesota are certified specialists in their field.  The purpose of the “Certified…

HOW MANY CIVIL CASES GO TO TRIAL?

I am a board-certified civil trial specialist.  This means that I have handled a certain number of judge and jury trials, passed a board exam, handled a sufficient number of depositions and hearings, and received the requisite number of recommendations from judges and attorney colleagues.  When I took the board exam more than four years ago now, there was only…

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…

OPERATING AGREEMENT VS. SHAREHOLDER AGREEMENT

The Operating Agreement for an LLC and the Bylaws for a corporation each respectively govern the internal relations amongst the business owners and with the business.  The freedom to contract under the Revised Uniform Limited Liability Company Act (for LLCs) and the Model Business Act (for corporations) provide entrepreneurs with several options to consider for inclusion in the Operating Agreement…