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.
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.
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.
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:
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
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.
Best Lawyers - Commercial Litigation, The
Best Lawyers in America (2013-2019)
Best Lawyers - Construction Law, The Best Lawyers in
Best Lawyers - Litigation - Insurance, The
Best Lawyers in America (2016-2019)
St. Louis' Best Lawyers - St. Louis Magazine
Super Lawyers - Business Litigation, Missouri & Kansas Super Lawyers
Top 50 St. Louis - Missouri & Kansas Super Lawyers
Top Rated Lawyers - Commercial Litigation, American Lawyer Media (2012-2013)
Martindale-Hubbell AV Preeminent
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)
U.S. District Court for the Eastern District of
U.S. District Court for the Southern District of
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
Prior Legal Experience
Presenter, "Don't Bogart that Liability," ALFA International Transportation St. Louis Regional Seminar, February 2019
Presenter, "Prescription for Complications: The Impact of Missouri's New Medical Marijuana Law on Workplace and Injury Claims," Brown & James General Defense and Insurance Law Symposium, January 2019
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)
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.
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)
Fabrication & Welding, Inc. v. Mid-Continent Cas. Co., 364 S.W.3d 639 (Mo. Ct. App. 2012)
Group, Inc. v. Marcus, 334 S.W.3d 548 (Mo. Ct. App. 2010)
Companies, Inc. v. Marschke, 2009 WL 3698009 (E.D. Mo. Nov. 2,
In re: Todd
McFarlane Productions, Inc., 2008 WL 899336 (Bkrtcy.D.Ariz.
Shalowitz, 231 S.W.3d 232 (Mo. App. 2007)
Woods v. Wills,
225 F. App'x 420 (8th Cir. 2007)
Petroleum Service, Inc. v. Piatchek, 218 S.W.3d 477 (Mo.App.
Tonkovich v .
Crown Life Ins. Co., 165 S.W.3d 210 (Mo. App. 2005)
Horton, 2004 WL 1554821 (Mo. App. 2004)
Ziercher & Hocker, P.C., 131 S.W.3d 369 (Mo. App. 2004)
Underwriters Ins. Co. v. Lou Fusz Automotive Network, Inc., 300
F.Supp.2d 888 (E.D. Mo. 2004)
Insurance Associates, Inc. v. General Accident Ins. Co., 114
S.W.3d 446 (Mo. App. 2003)
v. Solutech Consulting Services, Inc., 153 F.Supp.2d 1082 (E.D.
Concepts, Inc. v. Shelter Mutual Ins., 16 S.W.3d 734 (Mo. App.
Kohn, 994 S.W.2d 947 (Mo. banc 1998)
Integrated National Life Insurance Co., 954 S.W.2d 532 (Mo.App.
Co. of America v. Leiendecker, 962 S.W.2d 446 (Mo.App. 1998)
v. Piasa Motor Fuels, Inc., et al., 190 F.3d 775 (7th Cir.
National Home Ins. Co., 108 F.3d 174 (8th Cir. 1997)
Trade Corp. v. Bancomer, S.A., 90 F.3d 1382 (8th Cir. 1996)
Safeco Ins. Co. of Illinois, 913 S.W.2d 59 (Mo.App. 1995)
Summers, Compton, Wells & Hamburg, P.C., 887 S.W.2d 683
Hellmuth, Obata & Kassabaum, Inc., 870 S.W.2d 832 (Mo.App.
State, ex rel
Barnes v. Gerhard, 834 S.W.2d 902 (Mo.App. 1992)
Missouri Medical Ins. Co., 842 S.W.2d 920 (Mo.App. 1992)