Seth Alan Schwartz

Contract Litigation

Despite often the best intentions, business partners sometimes fail to live up to the spirit or terms of a contract.  Whether it’s the result of changing circumstances, business environments, mistakes, or greed, Seth is brought in to enforce his client’s contractual rights. 

Seth’s experience in contract litigation and financial institutions means he’s well versed in all matters of contract construction, negotiation, and dispute resolution.  Regardless of how clear or complicated a contract seems at first glance, Seth assesses all possible interpretations in conjunction with applicable law, and uses those interpretations and arguments for maximum litigation or negotiation advantage.

Experience

Represent Client in Contract Disputes

Seth Schwartz represents EGI in disputes concerning EGI’s contract disputes. For example, Mr. Schwartz represented EGI on two occasions when third party companies failed to deliver services related to equipment specifically designed to operate on EGI’s manufacturing process lines. Mr. Schwartz also represented EGI when a contractor failed to deliver on services related to reconstruction of certain real estate assets as promised.

Represent Clients in Multiple Matters Including Regulatory Litigation

Chuck Hertlein and Seth Schwartz have represented Vantage Financial Advisers, a financial advisory firm, in multiple matters including regulatory litigation and claims brought by clients related to investment losses outside of Vantage’s control.

Representation of a Minority Shareholder when Denied Ownership Claim

Seth Schwartz represented a minority shareholder when the majority shareholder of a used printing press business denied the minority shareholder’s ownership claim, contrary to the parties’ agreement.

Our client only agreed to leave his former employer on the condition he would be a shareholder in the new enterprise. Upon reaching that agreement, our client left his employer and began working full time at the used printing press company. During the first year of his work at the new company, our client was generally treated as a partner. Our client was held responsible for expenditures of the company, including taxes, and was the only person responsible for writing checks on the behalf of the LLC. He also personally signed a lease for heavy equipment to be used by the business. In addition, the founder introduced our client as a partner to others.

After the company was very successful, the majority partner changed the compensation structure so all “partners” were making equal pay. Considering our client devoted his full-time energies to the company while other “partners” were involved with other ventures, our client disputed the new payment structure. When the dispute arose, the majority partner denied our client’s ownership of the business.

The matter proceeded to a jury trial, during which it was settled to our client’s satisfaction.

Represent Client in Multiple Disputes with Manufacturers

Seth Schwartz represents Ernie Green Industries (EGI) and its subsidiary Florida Production Engineering, in multiple disputes with second tier automotive parts manufacturers concerning quality, timeliness of delivery and purchase price. Mr. Schwartz has also represented EGI in real estate disputes concerning the scope of easements.

Represent Client in Disputes Concerning Asset Purchase Agreements

Seth Schwartz represents EGI in disputes concerning EGI’s asset purchase agreements. In particular, EGI worked with Dinsmore when the assets it purchased from a competitor were not as represented in the asset purchase agreement, reaching a favorable settlement.

Represented Minority Shareholders in Dissenters’ Rights Derivative Action

In this matter, minority shareholders retained Seth Schwartz to represent them in a dissenter’s rights derivative action. Prior to a large transaction, the company instituted a reverse 149:1 stock split, which caused the elimination of the ownership of certain minority shareholders. These minority shareholders dissented to the transaction and engaged in limited derivative litigation with the company. This matter was settled to our client’s satisfaction.

Representation of a Client Involved in a $15 Million Dollar Family Dispute

We represent a family member in a three-way dispute involving trust assets, business assets, and substantial real estate holdings worth $15 million.