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David H. Schwartz, INC

What Qualifies as Unlawful Advertising?

Both federal and state statutes cover what is termed false advertising. False advertising is kind of a blanket term that covers not only advertising that is patently untrue, but also advertising that is misleading, deceptive, or unfair.

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David H. Schwartz, INC

FAQs About Will Contests

A last will and testament, commonly referred to simply as a “will,” is a legal document through which the will maker divides his or her assets and designates who should get what. It’s not unusual for squabbles to break out among siblings and other heirs over the terms of a will, especially if the will writer was married more than once and had children from different marriages.

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David H. Schwartz, INC

The Benefits of Suing Independently vs. Class Action Suits

Let’s look at a hypothetical. You work at the local branch of a multistate organization. You feel you are being discriminated against because of your race, sexual orientation, or another protected characteristic, so you consider reporting it and taking legal action.

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David H. Schwartz, INC

Recouping Defense Costs From Insurers in Third-Party Claims

Businesses will generally purchase liability insurance to protect themselves against lawsuits and other liability claims. These policies can fall under different categories or names such as general liability insurance, professional liability insurance, and product liability insurance.

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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

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

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

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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