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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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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

How to Determine If Your Business has Protectable Trade Secrets

Nearly 1,400 new trade secret cases were filed each year in federal courts across the United States from 2017 to 2019. As a business, your trade secrets give you an economic value over your competitors. Trade secrets can range from methods and techniques to patterns, devices, processes, and programs.

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David H. Schwartz

How California's Anti-SLAPP Statute Can Impact Your Lawsuit

In 2019, at least 435 anti-SLAPP motions were filed in California's trial courts by litigants. Strategic lawsuits against public participation (SLAPPs) are often used to intimidate, censor, and silence critics through expensive, baseless legal proceedings.

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David H. Schwartz

Interference with Contractual or Advantageous Relationships

It takes hard work to build up a business to the point of economic success. This is usually achieved by forming relationships with other businesses, whether those relationships exist on paper through a contract or whether they are simply sealed by a handshake.

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David H. Schwartz

Protecting Your Interests in a Partnership Dissolution

Statistics have shown that approximately 70% of business partnerships eventually fail. Entering into a business partnership involves several risks. If these risks aren't properly managed, it could lead to the dissolution of the partnership.

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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

Inspection Rights for LLC Members in California

When companies partner to engage in business, disputes may arise between all partnering entities. When conflict happens, one of the main points of concern is who has the power to make the final decisions.

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