Lawyers

Steven H. Schwartz
Principal

Steven H. Schwartz

800 Market Street
Suite 1100
St. Louis, MO 63101
T: (314) 242-5280
F: (314) 242-5480
Email

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Education

George Washington University (J.D., with honors, 1984)
Indiana University (B.A., with distinction, 1981), Phi Beta Kappa

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Steve 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 litigation with a concentration in economic loss claims and insurance coverage matters. The following is a summary of Mr. Schwartz’s practice areas:

Business and Commercial Litigation: Mr. Schwartz handles all types of business-related disputes, including breach of contract, fraud, unjust enrichment, Racketeer Influenced and Corrupt Organizations Act (RICO), tortious interference with contract, non-compete and non-solicitation agreements, breach of fiduciary duty, securities fraud and antitrust. These cases have ranged from small disputes between single parties, to large multi-party or multi-district litigation, involving dozens of claims and thousands or millions of documents.

Consumer Claims: Mr. Schwartz defends various claims filed by consumers and debtors, including claims filed under the Missouri Merchandising Practices Act (MMPA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA).

Directors and Officers Liability: Mr. Schwartz defends director and officer claims for public and private companies and non-profit companies in various cases, including patent cases, vendor disputes, construction disputes, disputes with competitors, and homeowner association claims.

Employment Liability: Mr. Schwartz regularly defends employers against allegations of discrimination, Americans with Disabilities Act (ADA) violations, Age Discrimination in Employment Act (ADEA) violations, retaliation, wrongful termination, hostile work environment, and Fair Labor Standards Act (FLSA) violations. Mr. Schwartz also represents companies in disputes with employees regarding non-compete and non-solicitation agreements.

Insurance Coverage: Mr. Schwartz's substantial experience includes 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.

Intellectual Property, Technology and Cyber Liability: Mr. Schwartz 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, alleged trademark infringement on the Internet and cyber liability claims, including theft of credit card and other personal information.

Professional Liability: Mr. Schwartz has defended professionals of all types for almost 30 years. His clients include lawyers, accountants, payroll companies, insurance agents and brokers, real estate agents and brokers, real estate appraisers, and title companies. The defense of lawyers has involved cases relating to divorce, prenuptial agreements, business transactions, tax advice, bankruptcy, and estate planning, as well as many others. His defense of insurance agents has involved cases relating to the sale of property, casualty and liability insurance, as well as health and life insurance.

Pro Bono Work
Mr. Schwartz volunteers representing "starving artists" for the St. Louis Volunteer Lawyers and Accountants for the Arts.  

Recent Achievements
Best Lawyers - Commercial Litigation, The Best Lawyers in America (2013-2019)
Best Lawyers - Construction Law, The Best Lawyers in America (2013-2019)
Best Lawyers - Litigation - Insurance, The Best Lawyers in America (2016-2019)
St. Louis' Best Lawyers - St. Louis Magazine (2013-2017)
Super Lawyers - Business Litigation, Missouri & Kansas Super Lawyers (2005, 2013-2018)
Top 50 St. Louis - Missouri & Kansas Super Lawyers (2015)
Top Rated Lawyers - Commercial Litigation, American Lawyer Media (2012-2013)
Martindale-Hubbell AV Preeminent

Professional Affiliations
ALFA International - Business and Commercial Litigation Practice Group; Insurance Law Practice Group; Intellectual Property Practice Group; Professional Liability Practice Group
Bar Association of Metropolitan St. Louis - Computer Law Committee; Patent, Trademark and Copyright Committee
The Missouri Bar - Technology and Computer Law Committee, Chair (2000-2001)

Bar Admissions
Missouri  
Illinois
U.S. District Court for the Eastern District of Missouri
U.S. District Court for the Southern District of Illinois
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Federal Circuit

Recent Speaking Engagements
  • Moderator, "The 'Weinstein Effect': Defending a Client Whose Reputation is at Stake," ALFA International 2018 EPL & Professional Liability Seminar, June 2018 

  • Panelist, "Protecting Your Business: An Intellectual Property Panel Discussion," Minority Business Council, April 2018

  • Panelist, "Walker Seminar: Hip-Hop Entrepreneurship," Webster University, April 2018

  • Speaker, "Motivated to Reform: Employer-Friendly Changes in Missouri Employment Discrimination Law," 2017 Brown & James Tort Reform Seminar: A New Day in Missouri, September 2017 

  • Speaker,  "What's New and What's Next: Updates Regarding Class Action Litigation, Including the Enforceability of Arbitration Agreements and Waivers and a Discussion of Trends in Collective/Class Actions," ALFA International 2017 Labor and Employment Seminar, July 2017

  • Speaker, “The Growing Challenges of Marijuana: Reasonable Accommodation, Medical Exams, Drug Free Workplace Act, and Doing the Right Thing,” Labor and Employment Liability Seminar for ALFA International (2015)

  • Moderator, “All Hands on Deck:  Pressing Cyber Liability Issues,” Insurance Law Roundtable for ALFA International (2015)

  • Moderator, “Privacy and Cyber Liability-An Evolving Risk for All Companies and Employers,” EPLI, Professional Liabiity and Insurance Defense Seminar for ALFA International (2014)
  • Moderator, "Document Retention Policies: Avoiding the Pack-Rat Mentality," International Client Seminar for ALFA International (2011)
  • Moderator, "Strategies for Avoiding Claims Against Officers & Directors and Related Coverage Issues," Employment Practices Liability Insurance Seminar for ALFA International (2010)
  • Speaker, "Preventing IT Litigation," Tele-Seminar for ALFA International (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," Midwest Regional, Health Care and Medical Device Joint Seminar for ALFA International (2009)
Prior Legal Experience
Attorney, U.S. International Trade Commission, Office of Unfair Import Investigations (1984-1987)

Representative Reported Cases  
Emerald Crossing, LLC v. AHM Holdings, 520 S.W.3d 520 (Mo. App. E.D. 2017)
Oetting v. Norton, 795 F.3d 886 (8th Cir. 2015)
Darwin Chambers Co., LLC v. Bennington College Corp., 2015 WL 1475009 (E.D. Mo. 2015)
Philadelphia Consolidated Holding Corp. v. LSI-Lowery Systems, Inc., 775 F.3d 1072 (8th Cir. 2015)
Aceva Technologies, Inc. v. Tyson Foods, Inc., 429 S.W.3d 355 (Ark. App. 2013)
Sterling Inv. Group, LLC v. Brentwood Forest Condominium Ass’n, 402 S.W.3d 95 (Mo. App. 2013)
Cook's Fabrication & Welding, Inc. v. Mid-Continent Cas. Co., 364 S.W.3d 639 (Mo. Ct. App. 2012)
Eagle Star Group, Inc. v. Marcus, 334 S.W.3d 548 (Mo. Ct. App. 2010)
Barry-Wehmiller Companies, Inc. v. Marschke, 2009 WL 3698009 (E.D. Mo. Nov. 2, 2009)
In re: Todd McFarlane Productions, Inc., 2008 WL 899336 (Bkrtcy.D.Ariz. 2008)
Rafaeli v. Shalowitz, 231 S.W.3d 232 (Mo. App. 2007)
Woods v. Wills, 225 F. App'x 420 (8th Cir. 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)


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