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David H. Schwartz

The Importance of Indemnity Clauses

Indemnity clauses — common to the construction industry — will often protect a general contractor at a construction site from losses incurred and are used to transfer common law and statutory risk arising from one party’s negligence to another party. Whether you’re the indemnitee or indemnitor, you may need guidance on how to proceed.

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David H. Schwartz

Should You File a Derivative or Direct Shareholder Lawsuit?

Shareholders in corporations can bring lawsuits against the company if they feel they have been personally harmed, or if they feel the corporation as a whole has been harmed. In either case, they must show that the harm resulted from decisions or actions by the board of directors or company officers.

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David H. Schwartz

Are Client Lists Considered Trade Secrets in California?

Unlike trademarks, copyrights, and patents, trade secrets are not registered with any governmental agency. By their very nature, they are intended to be a secret and simultaneously guarded against theft, discovery, and use by competing individuals or business enterprises.

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David H. Schwartz

When You Don't Agree With the Executor of an Estate

According to a recent survey by EstateExec, approximately 19% of participants claimed that there was perceived executor misconduct during the estate settlement process. Settling the final affairs of a deceased loved one can involve many complexities and challenges.

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David H. Schwartz

Understanding the Civil Appeals Process

Picture this: you or your business has just been on the “losing” side of a civil trial. Generally, this means that the final decision went the opposite way of what you wanted — whether that involved not winning your case against another person or entity, or losing a case brought against you or your business.

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David H. Schwartz

Following California’s Dynamex Decision and Enactment of AB5

California’s enactment of AB5, the law that reshaped independent contractor status in the state, went into effect on January 1, 2020. While the law remains in its infancy stages, so to speak, employers statewide need to review the effects that this redefinition will have on their business operations.

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