JB Schwartz PLLCJB Schwartz PLLC2026-06-02T10:15:11Zhttps://www.jbschwartzlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504865/2025/11/cropped-JBS_favicon_site-icon2-32x32.pngOn Behalf of JB Schwartz PLLC<![CDATA[Holding Abusers Accountable: Civil Rights for Survivors]]>https://www.jbschwartzlaw.com/?p=502412026-04-21T08:49:33Z2026-04-21T08:49:33ZDallas survivors possess legal rights that extend far beyond criminal prosecution. While police handle criminal charges, civil lawsuits offer a path toward financial recovery and accountability. You can pursue a civil claim regardless of the criminal case outcome or the current status of a police investigation.
Choosing civil justice over criminal prosecution
The state prosecutes the offender in criminal cases to seek punishment like jail time. You can file a civil lawsuit to seek financial compensation for the harm you suffered. Civil courts use a lower burden of proof called a preponderance of the evidence. This process remains independent of any criminal trial or police investigation. You control every step of the civil process and make all final decisions regarding your case.
Understanding compensation and Texas deadlines
Texas law allows survivors to seek various forms of compensation to help rebuild their lives. You must monitor the statute of limitations to ensure you file your claim on time.
Medical expenses for emergency and ongoing treatment
Therapy and mental health costs
Lost wages and future earning capacity
Pain and suffering
Emotional distress and PTSD
Punitive damages for cases involving gross negligence
Adult survivors generally have five years to file a civil claim for sexual assault. Survivors of childhood abuse often have until age 48 to take legal action against their attackers.
Reclaiming your future
Being a survivor of abuse requires immense courage and strength. With the proper legal support, you can identify every liable party including the perpetrator and negligent institutions like schools or hotels. They uncover the evidence needed to prove your case and secures the resources you need for long-term recovery. This support empowers you to demand justice while protecting your privacy throughout the entire journey.
]]>On Behalf of JB Schwartz PLLC<![CDATA[What remedies exist for contract breaches in Dallas?]]>https://www.jbschwartzlaw.com/?p=502362026-05-15T05:37:09Z2026-02-13T15:43:36ZUnderstanding the remedies available after a breach
When one party breaches a contract, the law aims to return the non-breaching party to the position they would have occupied had the other party honored the agreement. Here are some of the most common remedies a court may consider:
Compensatory damages: These cover direct financial losses that the breach causes. These may include expectation damages.
Consequential damages: These address the indirect losses that the parties could foresee when they formed the contract, such as lost revenue.
Liquidated damages: These specify set amounts that the parties include in the contract itself. Texas courts will enforce these clauses as long as the amount fairly estimates the potential harm.
Specific performance: This is a court order that requires the breaching party to carry out their duties.
Attorney fees: Under Texas law, a prevailing party may recover reasonable legal fees for a breach of a written or oral contract, provided the claim is properly "presented" to the opposing party first.
State courts also require you to take reasonable steps to mitigate your damages. If you fail to make a fair effort to minimize your losses after a breach occurs, the amount you are able to recover may be significantly reduced.
Save all written messages, including emails, texts and letters tied to the contract and the breach
Track your financial losses with invoices, bank records and profit-and-loss reports that show the impact on your business
Issue a litigation hold as soon as a dispute is foreseeable to prevent the deletion of digital files and metadata
Identify witnesses who can testify to how the breach happened
Some forms of evidence, particularly digital records, can be lost or overwritten through routine system updates. Beginning the preservation process early can help you build a more reliable foundation if you need to present your case later on.
Seeking emergency relief when time is critical
Some contract breaches create situations where waiting for a full trial could cause serious and lasting harm. In those cases, seeking fast court action may be worth exploring.
A temporary restraining order (TRO) is a tool used to freeze the situation until a judge can hold a full hearing. To obtain one in Texas, you must file a sworn statement proving that you will suffer "irreparable harm" and post a security bond with the court.
It is worth knowing that a TRO is strictly limited to 14 days. This short window gives the court time to schedule a hearing for a temporary injunction, which can stay in place until your trial.
Working with experienced legal counsel on your dispute
Courtroom-tested legal counsel can evaluate your claim, find the remedies that fit your goals and prepare for opposing arguments. Attorney Schwartz of JB Schwartz PLLC, for example, draws on a law librarian background to conduct deep legal research, which can provide an edge when reviewing complex contract language.
Whether your case calls for a negotiated resolution, a damages claim or emergency relief, JB Schwartz PLLC fights for your business. Contact us today to have your case reviewed.
]]>On Behalf of JB Schwartz PLLC<![CDATA[3 steps Dallas businesses should take after a contract is broken]]>https://www.jbschwartzlaw.com/?p=501872025-12-17T16:26:00Z2025-12-17T16:26:00ZImagine watching a longtime vendor walk away from a six-figure agreement with your company. Within 48 hours, key evidence vanishes from shared servers. Unfortunately, this nightmare happens to Dallas business owners more often than you might think.
When you face a breach of contract in Dallas, time is not on your side. The steps you take in the first few days can determine whether you recover your losses or lose your case before it starts. That said, knowing what to do first can make all the difference.Here are three key steps that you should take:
Step 1: Preserve evidence
First, make sure to secure your evidence. Collect all emails, contracts, invoices and text messages related to the agreement. Save digital files in a safe place and take screenshots of online chats. Also, download data from shared platforms before the other party can remove anything. It's a good idea to send a litigation hold letter, which asks the other side to keep all important records. This not only creates a record but also helps stop them from destroying evidence. Once your evidence is safe, you can start assessing the losses caused by the breach.
Step 2: Assess remedies and damages
Once your evidence is secure, check your contract for compensatory damages that cover direct financial losses. Also, look for clauses about liquidated damages, which specify fixed amounts for certain breaches. Remember, Texas law requires you to minimize your losses, meaning you should take reasonable steps to limit damage. Document all expenses, lost profits and costs related to the contract breach in Dallas. After assessing your losses, consider if you need immediate court intervention.
Step 3: Consider temporary relief
Sometimes, assets or trade secrets face immediate danger and you might need quick court action. Temporary restraining orders (TROs) and injunctions can prevent further harm by the other party. These legal actions are speedy, with Dallas courts possibly granting a TRO in urgent cases within hours. However, it's important to act fast, as most courts require you to request emergency relief within days of noticing the threat. Handling this alone can be daunting, so getting legal assistance is beneficial.
How legal support can help
A breach of contract in Dallas requires swift, smart action. More importantly, it demands someone who understands the local courts and knows how to protect your interests. Every day you wait gives the other party more time to hide assets or destroy records. An experienced attorney can guide you through evidence protection, damage review and court filings. With the right legal partner by your side, you can focus on running your business while they handle the fight. Contact JB Schwartz PLLC today to request a case review and take the first step toward protecting what you have built.]]>On Behalf of JB Schwartz PLLC<![CDATA[How to protect your reputation during litigation]]>https://www.jbschwartzlaw.com/?p=499462026-05-15T05:37:09Z2025-10-21T13:26:42ZWhen you are an executive or business owner, a legal dispute is not only a private issue — it can put your reputation at risk.
Whether the case involves your company or your personal life, how you and the other party share information can shape what your colleagues, clients and the public think of you.Protecting your privacy and brand takes planning, clear communication and the right legal guidance.
Use protective orders to limit public exposure
Courts often allow parties to request protective orders, which restrict how sensitive information is shared or disclosed. This is especially important when trade secrets, personal financial data or internal communications could otherwise become part of the public record. Now, a well-drafted protective order ensures that only essential parties — your attorney, the court and relevant experts — can access private materials.
Control information through limited disclosures
Another way to preserve privacy is to narrow what each party reveals during discovery. Your attorney can object to overly broad document requests or deposition questions that have little relevance to the dispute but could damage your reputation if disclosed. Keeping disclosures proportional and relevant helps prevent unnecessary exposure that could attract unwanted attention or misinterpretation.
Use nondisparagement provisions to protect your image
In cases involving former partners, employees or spouses, a nondisparagement clause can help prevent future harm. These provisions prohibit either party from making negative or misleading statements about the other. They can:
Prevent damaging comments in the media or online
Protect professional relationships and future business prospects
Reduce the risk of brand or reputation harm after settlement
They are especially valuable in cases that close legally but leave ongoing reputational risks.
Involve counsel or PR
If your case might attract attention or affect your credibility, bring in your attorney and a public relations advisor early.A skilled PR professional can help you manage your message, correct misinformation and stop rumors before they spread. Your attorney can then align legal strategy with your communication plan to ensure that public statements, filings and court actions support your broader reputation goals.Together, they can also assess what information about you or your business is already public. Knowing what is out there helps you and your team plan how to protect your image before the case moves forward.
Take control of your story
Your reputation is one of your greatest assets, and protecting it should be a priority. Once it is harmed, rebuilding trust can take years.Working with an experienced attorney and taking early steps to manage what becomes public can help you stay in control. With the right plan, you can protect your privacy and keep your good name intact throughout the litigation process.Schedule a confidential consultation to learn more about strategies for litigation privacy in Dallas.]]>On Behalf of JB Schwartz PLLC<![CDATA[2 common forms of business disputes]]>https://www.jbschwartzlaw.com/?p=499472026-05-15T05:37:04Z2025-10-21T01:07:53Zbusiness disputes:
Contract disputes
This type of conflict can happen when one party fails to deliver the agreed terms on their contract. Depending on the level of the breach, some issues can be resolved internally through negotiation. However, there are also major acts of breaches that can lead to lawsuits.
For example, you hired a supplier for your store’s “opening day” promotion event. However, two days before the event, your supplier has informed you that their products are still in transit and will take one more week to arrive.
This breach of contract has led to a pushback of your event’s project timeline and intended launch date, which in turn also affected your customers’ expectations and damaged your brand’s reputation.
Partnership disputes
This type of conflict can happen when there are business disagreements between the shareholders and/or business partners. Oftentimes, these issues stem from one party having a different opinion over the company’s management style.
Another common example of this dispute can happen when there are disagreements over the business’ finances. For example, you and your shareholders were all once in sync with your business’ goals. Over time, your company grew, and two shareholders have expressed a shift in their perspective.
Since your shareholders are core members of the company, these issues need to be addressed early to avoid any potential financial losses or the dissolution of your business partnership.
Protect your business’ best interests
By learning about the common forms of business disputes, you can become more familiar with the signs and recognize them early. This approach not only helps you work on an effective resolution strategy for the issue but also helps safeguard your enterprise’s best interests.]]>On Behalf of JB Schwartz PLLC<![CDATA[Valuing closely held businesses in a high-asset divorce]]>https://www.jbschwartzlaw.com/?p=499482026-05-15T05:47:29Z2025-10-20T12:43:09ZWhen you or your spouse own a business, divorce involves more than just dividing property — it is about understanding what that business is truly worth.
The value placed on your company can significantly affect property division, support and your financial future. That is why getting an accurate valuation is one of the most important steps in any high-asset divorce.
Why business valuation matters in divorce
In Texas, the government divides marital property fairly, not necessarily equally. If your business is considered marital property, its value must be determined before division. Without a reliable valuation, you risk an unfair outcome — either overpaying your spouse or losing a portion of your hard-earned business value.
Common methods used to value a closely held business
Courts and financial experts typically rely on three main approaches to determine business value:
Income approach: Estimates value based on the company’s ability to generate future income
Market approach: Compares your business to similar sold companies
Asset-based approach: Looks at the total value of your business assets minus its liabilities
Each method has advantages and limitations. The right one depends on factors such as business type, industry and available financial data.
A common pitfall
Many closely held businesses pay the owner more — or less — than someone in a comparable role would earn. During valuation, qualified appraisers “normalize” that compensation by adjusting the owner’s pay to a fair market rate, ensuring the numbers accurately reflect the business’s true earning potential.If you overlook this step, the valuation can be skewed, making the company appear more or less profitable than it really is.Because Texas Family Code § 7.001 requires courts to divide community property in a “just and right” manner, proper compensation adjustments are critical to achieving an equitable result.
When to hire an valuation professional and how to prepare
If your divorce involves a business, you should hire a forensic accountant or business appraiser early in the process. Look for professionals who specialize in divorce-related valuations and understand Texas community property laws. To make their job easier and strengthen your position, organize:
Recent tax returns and financial statements
Business contracts, leases and debt records
Payroll and expense documentation
Having clear, well-supported records reduces the risk of the other side disputing numbers, so you do not lose more than necessary in the division process.
Protect your business value during divorce
The valuation of your business can shape your financial life long after the divorce is final. By working with skilled legal and financial professionals, you can protect what you have built and make informed decisions about settlement or litigation.Contact JB Schwartz PLLC to discuss valuation strategy and protect your business interests during a Dallas divorce.]]>On Behalf of JB Schwartz PLLC<![CDATA[5 common mistakes to avoid in high-asset divorces]]>https://www.jbschwartzlaw.com/?p=499492025-08-28T07:54:15Z2025-08-28T07:54:15ZHigh-asset divorces in Texas tend to be more complicated than average domestic cases due to the high-value assets involved. Without careful consideration, you might end up at a disadvantage and potentially face costly consequences. To ensure a fair division of assets, here are mistakes to avoid:
Undervaluing assets
Identifying the value of assets incorrectly can lead to an unfair distribution. Prevent this by consulting with financial advisors or accountants for a proper appraisal of all properties.
Hiding assets from spouse
In Texas, courts require you and your partner to fully disclose your assets with correct appraisals. Failure to declare all assets during a divorce can result in hefty fines, unfair property division and damaged credibility in court.
Overlooking tax implications
Because of the mental and emotional load of divorce, you may overlook tax implications during a settlement. The court may reward you with what seems like adequate high-net-worth assets, but these may come with a large tax burden. It is important to track the after-tax value of all assets between you and your spouse so you have an idea of your potential liabilities.
Agreeing to a settlement too soon
The effects of divorce are emotionally exhausting, which could prevent you from thinking rationally. This state may push you to agree on the divorce terms without considering what they could mean in the future.
Lacking legal guidance
While it is possible to manage a divorce by yourself, high-asset divorces in Texas involve complex paperwork and procedures. You may make mistakes that could set you up for unfavorable terms, especially if you are not familiar with legal jargon. Seeking legal advice from a divorce attorney could clarify the stakes at hand and offer options for moving forward.Divorce can leave you heartbroken and stunned, but your next chapter is what matters from now on. Having the right support could help lessen mistakes and protect your wealth.]]>On Behalf of JB Schwartz PLLC<![CDATA[Navigating divorce when spouses own a business together]]>https://www.jbschwartzlaw.com/?p=499502026-05-15T05:58:00Z2025-06-26T22:50:52ZIs working together still an option?
The divorce of business owners can have a profound negative impact on company operations. Spouses might scale back how much effort they make. One spouse might embezzle or talk negatively about the other to employees, vendors or even clients.
The tensions between them can also cause emotional stress and job performance issues for other employees. Clients and customers who are aware of the impending divorce might even take their business elsewhere because they don't want any part of the upcoming drama.
Spouses who own a business together often have to think about the situation carefully to determine if they can still work together. If they intend to continue jointly owning the business, then they very likely need to negotiate thorough contracts establishing clear expectations and protecting the business.
Can one spouse buy out the other?
When business partners choose to stop working together, a partnership buyout is usually what happens next. One party retains ownership of the business, while the other seeks outside employment. In a divorce scenario, the exiting spouse may also request a share of the business’s equity during the property division process.
Proposing a buyout typically requires a realistic business valuation. The spouse keeping the company may need to make concessions in other aspects of the property division process. There can be many challenges to address, including whether to continue the employment of professionals who may have greater loyalty to the exiting spouse than the spouse retaining the business.
The loss of the services provided by one spouse may make hiring another professional a necessary step. The type of business, the way that spouses assumed ownership and the status of their marriage currently are all key considerations when developing a plan to protect the business and divorce successfully.
Obtaining assistance when preparing for divorce as a business owner can help limit the likelihood of devastating financial setbacks. When spouses who own businesses together divorce, they typically have many challenging discussions ahead before they can complete the divorce process, and seeking legal guidance is a good way to get started.]]>On Behalf of JB Schwartz PLLC<![CDATA[Protecting your assets: Property division during divorce]]>https://www.jbschwartzlaw.com/?p=499512025-05-06T01:05:22Z2025-05-06T01:05:22ZBeyond the emotional toll, the stress of dealing with the legal and financial implications during divorce can be draining. One of the most complex aspects of a divorce is asset division. For many, losing property or financial stability can be too much to handle.
When it comes to protecting what you have worked so hard for, it is essential to understand the laws governing property division in your state. Each state handles property division differently, and Texas is no exception.
Key points to consider during property division
Texas follows community property laws. This means that most property acquired during the marriage is considered joint property and is subject to division in a divorce. However, it is important to remember that property acquired before the marriage or through inheritance can be classified as separate property. One of the first steps in protecting your assets is correctly identifying which assets are marital and which are separate. Marital property includes anything acquired during the marriage, such as homes, vehicles and bank accounts. On the other hand, separate property is anything owned by one spouse before the marriage or acquired as a gift or inheritance. In Texas, courts consider several factors when determining how to split assets. These include:
Length of the marriage
The needs of each spouse after divorce
Child custody arrangements
Spousal support obligations
The presence of a prenuptial or postnuptial agreement
Each spouse’s income and earning capacity
Contributions to the marriage (financial or non-financial)
Debts and liabilities
Whether one spouse supported the other’s education or career
Whether any assets were commingled (mixed separate and community property)
The courts strive to divide assets equally, but the final division considers the individual circumstances of each spouse.
What you can do to protect your assets
Consider the following strategies to protect your assets:
Keep detailed records of any separate property you own, such as receipts, deeds and bank statements.
If you are worried about the division of assets, consider hiring a financial expert to help assess the value of your property and make a plan for dividing it.
A prenuptial agreement or postnuptial agreement can offer peace of mind by clearly stating how assets will be split in case of a divorce.
Divorce can become more complex, especially when it involves significant assets. Having an experienced legal professional who understands Texas property division laws can help protect your assets and represent your interests in court. ]]>On Behalf of JB Schwartz PLLC<![CDATA[Moving out of Texas while subject to a shared custody order]]>https://www.jbschwartzlaw.com/?p=495392025-03-03T00:33:59Z2025-03-03T00:33:59ZMoving away with children is possible
The current allocation of parental rights and responsibilities may influence what happens in a relocation scenario. In cases where one parent is technically the sole conservator, they can usually make major parenting decisions without deferring to the other parent.
However, relocation scenarios can lead to legal disputes in some cases. Typically, the parent proposing a move that takes the children out of the state needs to discuss their plan with the other parent ahead of time. In some cases, they may be able to negotiate a new co-parenting arrangement and move forward with an uncontested custody modification.
Other times, the parent remaining in Texas may oppose the move because they worry it could damage their relationship with the children. In such cases, the parent hoping to relocate may need to take the matter to family court.
Judges hear contested relocation cases regularly. They review specific details about family circumstances to decide whether or not to approve the relocation. The goal is usually to make decisions that are in the best interest of the children.
Judges often want to keep both parents close to and involved with the children. However, if the relocation helps the child by giving them access to extended family relationships or improved educational opportunities, moving could be what is best for the child.
Judges may consider the reason for the move, the impact it may have on custody arrangements and even the preferences of older children when they make their final decision. They can then modify the existing custody order to reflect the decision that they make.
Learning more about the rules that apply in shared custody scenarios can help parents take the right steps as they prepare for a major family change. A parent who wants to move away with their children (or a parent who wants them to stay) may need help developing their case to convince a judge that the move is or is not what is best for the children.
]]>