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David H. Schwartz, INC

What You Need to Know Before Your Deposition

Suppose you and your business have just filed a civil lawsuit against another individual or business for breach of contract—or for tortious interference or any other valid reason—and the attorney for the other party subpoenas you in for a deposition.

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David H. Schwartz, INC

Affirmative Defenses to Breach of Contract in California

California law defines contracts in the state as being either express or implied. Express contracts are “stated in words,” while implied contracts are “manifested by conduct.” An express contract can also be oral — not written — provided that no other California statute requires the contract to be in writing, as it does for home sales, for instance.

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David H. Schwartz

Differences Between Material & Immaterial Contract Breaches

“Breach of contract” is a term commonly asserted when someone feels shortchanged by the actions or inactions of another. For there to be a breach, however, there must first be the existence of a contract, whether it is express (written), oral, or implied through conduct.

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David H. Schwartz

Challenging a Will You Think is Forged

In the aftermath of a loved one’s death, grieving family members have to cope with the loss and determine whether the will, the document where the decedent outlined final wishes, is valid. Disputes can arise when beneficiaries or heirs think their loved one’s will is forged or otherwise invalid.

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David H. Schwartz

What Qualifies as Misappropriation of a Trade Secret?

Trade secrets are valuable assets for any business. Running a successful business often means having trade secrets that they wish to protect from competitors. That is why businesses make every effort to prevent competitors and former employees from using trade secrets without their knowledge.

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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

“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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