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David H. Schwartz, INC

Can a Company Use Our Trademark Without Permission?

Both California and federal law protect the use of trademarks in commerce. The main difference is that a California registration is protected only within the state, while a trademark registered with the U.S. Patent and Trademark Office (USPTO) is protected throughout the country.

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David H. Schwartz, INC

Will Contests: Understanding Legal Capacity and Dementia

Wills and testaments are an important part of preparing for the unknown. It gives people control over what happens to their assets, estates, and posterity. But there are times when the decisions made while creating the will may not be valid, or someone may think the will isn’t valid.

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David H. Schwartz, INC

The Civil Appeals Process

You’ve just been sued for breach of contract and lost. As a result, you have to pay compensation to the plaintiff – the one who sued you – for that party’s losses due to your breach. You don’t like the sentence. It seems way out of proportion.

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David H. Schwartz, INC

Fiduciary Duties & Misuse of Power of Attorney

A power of attorney (POA) can be a powerful tool to ensure your affairs and financials are handled in the proper way when you’re unable to do so. A power of attorney can also find themselves in a sticky situation if the person given the POA decides to put themself first, and there’s no one to witness.

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David H. Schwartz, INC

Understanding Misappropriation of Shareholder Funds

Misappropriation of funds and embezzlement are often used interchangeably in California. In either case, someone has been entrusted with someone else’s money or property and then diverts it to a purpose other than what the actual owner intende

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David H. Schwartz, INC

Understanding Merger Objection Lawsuits

In a merger and acquisition (M&A) transaction, it’s not unusual for the shareholders of the target company – the one being acquired or merged with by the other entity in the transaction – to feel that the value offered is insufficient. In other words, the price for their company and the shares they hold are being undervalued.

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David H. Schwartz, INC

What Protections Does a Trade Secret Have?

Since the enactment of the federal Defend Trade Secrets Act (DTSA) in 2016, there has been an increase in trade secret cases in federal court—including in California, where the legal actions are also backed by the California Uniform Trade Secrets Act (CUTSA).

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David H. Schwartz, INC

Requirements to Bringing Shareholder Derivative Actions

A corporation is a legal entity in and of itself, and is owned by its shareholders, those who purchase or acquire shares in the operation. The shareholders elect a Board of Directors to be in charge of everything and in turn to hire officers and managers to conduct the day-to-day business operations.

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David H. Schwartz, INC

How Can I Prove the Information was a Trade Secret?

When it comes to understanding trade secrets and what they are, the clearest reference point is the fact that Coca-Cola keeps its soft drink recipe locked in a vault in its headquarters in Atlanta, Georgia. Supposedly, no more than two people at any given time have access to the formula.

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David H. Schwartz, INC

Can I Sue My Business Partner?

Establishing a basic business partnership in California is not much of a formal process except when it comes to taxes. You can shake hands with another person, or group of persons, and agree to start selling widgets or something else, or provide services of some sort.

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