Mr. Schwartz has been with Brown & James since 1987 and has been a principal of the firm since 1993. He has tried numerous jury and non-jury cases to conclusion and regularly handles all types of business-related disputes, including breach of contract, fraud, unjust enrichment, RICO, tortious interference with contract, breach of fiduciary duty, securities fraud, antitrust, legal malpractice, accounting malpractice, and other professional liability claims.
Mr. Schwartz also regularly handles all types of intellectual property disputes, including patents, trademarks, copyrights and unfair competition. He has also handled several technology and computer related disputes, including claims of software counterfeiting, software contract disputes and alleged trademark infringement on the Internet.
Mr. Schwartz has substantial experience representing clients in complicated insurance coverage matters, involving all types of coverages, including professional liability, directors and officers liability, advertising injury, personal injury and uninsured motorist coverage.
Mr. Schwartz volunteers representing "starving artists" for the St. Louis Volunteer Lawyers and Accountants for the Arts
Prior Legal Experience:
Attorney, U.S. International Trade Commission, Office of Unfair Import Investigations, 1984-1987
Professional Affiliations:
Bar Association of Metropolitan St. Louis, Computer Law Committee; Patent, Trademark and Copyright Committee
Missouri Bar, Chair, Technology and Computer Law Committee
(2000-2001)
ABA Litigation Section, Computer Litigation Committee, Business Torts Litigation Committee
ALFA International, Intellectual Property Practice Group, Chair Emeritus
Recent Speaking Engagement:
Moderator, "Document Retention Policies: Avoiding the Pack-Rat Mentality," 2011 ALFA International International Client Seminar
Moderator, "Strategies for Avoiding Claims Against Officers & Directors and Related Coverage Issues," 2010 ALFA International Employment Practices Liability Insurance Seminar
Speaker, "Preventing IT Litigation," ALFA International Tele-Seminar, 2010
Speaker, "Meeting the Challenges Facing Companies and their In-House Counsel in Preserving Attorney-Client Privilege in Internal Email Communications in Light of In Re Vioxx," 2009 ALFA Midwest Regional, Health Care and Medical Device Joint Seminar
Written Publications:
Co-author,
Chapter 2, "Attorneys," Professional Liability Deskbook, Missouri Bar (2005)
Bar Admissions:
Missouri
Illinois
District of Columbia
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Missouri
U.S. District Court for Southern District of Illinois
U.S. Courts of Appeals, Seventh Circuit, Eighth Circuit, Federal Circuit
Representative Reported Cases:
Eagle Star Group, Inc. v. Marcus, ---S.W.3d---, 2010 WL 5070954 (Mo. App. 2010)
In re: Todd McFarlane Productions, Inc., 2008 WL 899336 (Bkrtcy.D.Ariz. 2008)
Rafaeli v. Shalowitz, 231 S.W.3d 232 (Mo. App. 2007)
United Petroleum Service, Inc. v. Piatchek, 218 S.W.3d 477 (Mo.App. 2007)
Tonkovich v . Crown Life Ins. Co., 165 S.W.3d 210 (Mo. App. 2005)
Rhone v. Horton, 2004 WL 1554821 (Mo. App. 2004)
Schultz v. Ziercher & Hocker, P.C., 131 S.W.3d 369 (Mo. App. 2004)
Universal Underwriters Ins. Co. v. Lou Fusz Automotive Network, Inc., 300 F.Supp.2d 888 (E.D. Mo. 2004)
Arthur Insurance Associates, Inc. v. General Accident Ins. Co., 114 S.W.3d 446 (Mo. App. 2003)
Solutech, Inc. v. Solutech Consulting Services, Inc., 153 F.Supp.2d 1082 (E.D. Mo. 2000)
Kruse Concepts, Inc. v. Shelter Mutual Ins., 16 S.W.3d 734 (Mo. App. 2000)
Blackstock v. Kohn, 994 S.W.2d 947 (Mo. banc 1998)
Borgard v. Integrated National Life Insurance Co., 954 S.W.2d 532 (Mo.App. 1997)
Citizens Ins. Co. of America v. Leiendecker, 962 S.W.2d 446 (Mo.App. 1998)
JTC Petroleum v. Piasa Motor Fuels, Inc., et al., 190 F.3d 775 (7th Cir. 1999)
McDonough v. National Home Ins. Co., 108 F.3d 174 (8th Cir. 1997)
Moog World Trade Corp. v. Bancomer, S.A., 90 F.3d 1382 (8th Cir. 1996)
Weinberg v. Safeco Ins. Co. of Illinois, 913 S.W.2d 59 (Mo.App. 1995)
Rose v. Summers, Compton, Wells & Hamburg, P.C., 887 S.W.2d 683 (Mo.App. 1994)
Fleischer v. Hellmuth, Obata & Kassabaum, Inc., 870 S.W.2d 832 (Mo.App. 1993)
State, ex rel Barnes v. Gerhard, 834 S.W.2d 902 (Mo.App. 1992)
Nuspl v. Missouri Medical Ins. Co., 842 S.W.2d 920 (Mo.App. 1992)
