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David H. Schwartz

Can You Recover Attorney Fees in California Lawsuits?

If you file suit against someone for $100,000 and win, but your attorney’s fees total $45,000, can you get the losing party to cover those expenses? The answer in California, as in almost every jurisdiction, is no, but there are a few exceptions that may allow you to recover your attorney’s fees.

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Law Offices of David H. Schwartz, INC

Affirmative Defenses to Breach of Contract in California

When doing business, being accused of breaching a contract can be frustrating and somewhat humiliating. If the matter gets out of hand, it can damage your reputation and disrupt your business operations, costing you both money and time.

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Law Offices of David H. Schwartz, INC

Muzzling a Nuisance: Vexatious Litigants in California

Ever heard of someone who just won't stop filing lawsuits, even when they don't have a good reason? In California, these folks are called vexatious litigants. They clog up the courts with unnecessary cases, wasting time and resources for everyone involved.

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Law Offices of David H. Schwartz, INC

Trade Secrets in the Tech Industry

In the tech industry, trade secrets are at the forefront of business success. They encompass the unique processes, methodologies, and proprietary knowledge that give businesses a competitive edge in fiercely competitive marketplaces.

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Law Offices of David H. Schwartz, INC

Non-Compete Agreements and Trade Secrets

In today’s competitive business environment, protecting proprietary information and maintaining a competitive edge is paramount. Two critical tools in a company's legal arsenal are non-compete agreements and trade secrets.

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David H. Schwartz, INC

Understanding Damages

Damages are a critical aspect of any legal dispute, often serving as the driving force behind litigation. They represent the monetary compensation awarded to a person who has suffered loss or injury to their person, property, or rights through the unlawful act or negligence of another.

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David H. Schwartz, INC

The Importance of Expert Witnesses

It's easy to underestimate the power of an informed opinion, especially when it comes to the courtroom. Expert witnesses, armed with years of specialized knowledge, have the ability to tilt the balance in intricate legal battles.

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David H. Schwartz, INC

Understanding the Elements of a Civil RICO Claim

In U.S. federal law, a civil RICO (Racketeer Influenced and Corrupt Organizations Act) claim holds a prominent place. This legal action necessitates proving certain elements to establish liability, and understanding these elements is crucial for individuals or businesses contemplating or involved in such claims.

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David H. Schwartz, INC

The Role of Evidence in Civil Litigation

In the realm of civil litigation, evidence is the bedrock on which cases are built. It's not just about presenting facts, it's about presenting the right facts and doing so in a way that's both relevant and admissible.

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David H. Schwartz, INC

Are Client Lists Considered Trade Secrets in California

In the dynamic realm of business, a company's client list is often viewed as a prized asset. But does it qualify as a trade secret under California law? The Law Offices of David H. Schwartz, INC, a respected authority in business litigation in the San Francisco Bay Area, offers a nuanced perspective.

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