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Brandon, Kathryn and Michael Schwartz

Schwartz Law Firm Legal Blog

How can minority shareholders fight a freeze-out attempt?

Growing corporations, and even startups, sometimes make shares available to the public. Investors can contribute toward the company and may then have a degree of influence on operations. They can also receive dividends when the company is profitable. Organizations that look to shareholders for funding may not always treat them with the respect that their financial contributions should command. Occasionally,…

How construction firms can prevent and prepare for client lawsuits.

Reputation is everything for businesses in the construction sector. Whether they cater to residential or commercial clients, referrals are often how they keep new clients coming in for work. Major disputes with prior clients and lawsuits against the construction firm could do incalculable damage to the business’s reputation and financial prospects. It is therefore incumbent upon those who own or…

Partnership disputes: How owners can protect themselves

When business partners find themselves in a dispute, it can pose a significant risk to their interests and to the well-being of their company. To safeguard themselves and their business during such times, owners must take thoughtful and strategic steps. This includes understanding when litigation may be necessary. The first step in protecting oneself and one’s stake in a company…

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,…