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David H. Schwartz

Understanding Alter Ego Liability

A corporate identity protects its shareholders and those operating the corporation from being personally liable for any debt obligations or other financial liabilities, provided that the business is operated as a corporation and follows all the legal requirements concerning proper operational behavior

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David H. Schwartz

Informal Discovery Conference May Mitigate Costs

Before any case goes to trial, there is a period for what is called “discovery.” Discovery is the phase when both sides collect and exchange information about the case, including relevant documents, witness statements, and more.

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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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David H. Schwartz

“Direct Physical Loss” in Business Interruption Insurance

When the COVID-19 threat forced governments to order lockdowns, essentially crippling or halting altogether the operations of thousands of businesses in California and across the nation, owners turned to their commercial property insurance, or to their separate business interruption insurance, to see if they could recoup their losses from the pandemic.

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David H. Schwartz

Important Elements of Proving Business Fraud

If you operate a business, you may find yourself the victim of fraud by contractors or others with whom you do business. Conversely, you yourself may be accused of fraud for certain actions you undertook or failed to undertake. How do you know when actual fraud has taken place, and what are the legal remedies – or consequences – if it has?

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David H. Schwartz

Business Internet Defamation and Abuse

You’re operating a profitable business, and a consumer comes in and asks if you’ve seen the latest Facebook post about your business. The customer then informs you that the post claims your products are a ripoff from someone else’s patent, and wants to know if that is true.

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David H. Schwartz

Preparing for Business Litigation

The COVID-19 pandemic has been devastating to businesses in a variety of ways. Shutdowns, supply chain disruptions, and shifting consumer demands have wreaked havoc on the way businesses operate. Many have not survived, while others are facing monumental change.

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David H. Schwartz

Important Steps to Take When Your Business is Being Sued

As if businesses weren’t subject to enough trouble from lawsuits — real and frivolous — before COVID-19 arrived, the pandemic only exacerbated the challenges of running a business. Employees, consumers, suppliers, competitors, and other parties all seem ready to rush to the courtroom to drain your pockets.

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