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David H. Schwartz

Business Mismanagement & Business Judgment Rule

In 2019, about 428 class action securities cases were filed across federal and state courts in the United States. Business owners and corporate directors involved in business management have a fiduciary duty to the company and its shareholders and may be held liable for mistakes in business judgment.

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David H. Schwartz

When Can You Contest a Loved One's Estate?

According to a recent TD Wealth survey, nearly 46 percent of respondents regarded family conflict as the biggest threat to estate planning. Improper communications and unrealistic expectations are among the causes of issues and tensions around inheritance.

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David H. Schwartz

The Basics of California's Unfair Competition Law

California’s Unfair Competition Law (UCL) was established in order to prevent businesses from false advertising and fraudulent business practices. Not only was it meant to protect the consumer, but it was also intended to level the playing field of competition among businesses. Unfortunately, it is an easily misunderstood law that is often limited in its scope.

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David H. Schwartz

Social Media and Online Business Defamation

Negative statements about people or businesses appear regularly on social media platforms, such as Twitter, Facebook, or LinkedIn. If you believe you or your business have been "defamed" online or via social media, you may be able to file a claim against that person.

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David H. Schwartz

COVID’s Effect on Business Interruption Insurance

Many businesses in the United States are feeling the impact of the coronavirus (COVID-19) pandemic. Fortunately, your business interruption insurance may help replace the lost income and pay for additional expenses if the business operations were interrupted by the pandemic.

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David H. Schwartz

Understanding At-Will Employment in California

In California, all employment – with notable exceptions – is considered at-will. This means that either employer or employee can terminate the employment arrangement at any time for any or no reason at all. In other words, an employer can terminate an employee without cause or warning.

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David H. Schwartz

What Evidence is Admissible in a Contract Dispute?

Contract disputes can be heated and divisive and often do irreparable damage to existing business relationships. They are generally multifaceted affairs involving an overabundance of documentation and correspondence. Having a knowledgable business litigation attorney is essential when a dispute escalates to the courtroom.

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David H. Schwartz

Can I Sue for Bad Reviews Against My Business?

Although most online reviews are protected under the First Amendment (freedom of speech), a reviewer may be found guilty of defaming a business, by the court, for posting factually incorrect accusations about their products or services.

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