Areas of Expertise

Appellate Practice

The Firm's representation of its clients extends through the appellate process, and the Firm's attorneys have successfully advocated on behalf of clients before the California Courts of Appeal and Supreme Court, and before United States Courts of Appeal in the Ninth and other Circuits. Whether retained exclusively for appellate proceedings or as an extension of client representation in the Superior and District Courts, the Firm has extensive experience and expertise in appeals relating to both civil and criminal matters.

Both Douglas R. Schwartz and Petra M. Reinecke have successfully represented clients in civil and criminal appeals, both interlocutory and from final judgments. Mr. Schwartz and Ms. Reinecke have successfully briefed and argued both civil and criminal cases on behalf of the Firm's clients. In criminal cases, Ms. Reinecke obtained the reversal of a criminal conviction by the Ninth Circuit Court of Appeals, and has extensive experience in habeas matters and petitions for writs of certiorari to the California and United States Supreme Courts.

Business Torts

The Firm's attorneys have extensive experience representing both plaintiffs and defendants in actions involving business torts, including unfair competition, fraud, intellectual property theft and infringement, anti-trust, employment-related claims, and bad faith insurance actions.

Douglas R. Schwartz has focused on complex commercial litigation and white-collar criminal defense with a common nexus of fraud-related issues, and within those areas he has handled a wide range of cases. Mr. Schwartz has achieved excellent results for both plaintiffs and defendants in civil litigation involving business torts and related business issues, including breach of contract actions, shareholders' disputes, business dissolutions, intellectual property disputes and wrongful termination actions.

Petra M. Reinecke has handled and participated in a diverse range of business litigation, including the defense of environmental, fraud, and insider trading prosecutions, and the prosecution of shareholder derivative, unfair competition and legal malpractice actions. Ms. Reinecke has over fifteen years' experience in state and federal litigation in diverse areas, including complex commercial litigation, personal injury, employment discrimination, securities litigation, partnership dissolutions, landlord-tenant disputes, construction defects actions and collections.

Commercial Disputes

Schwartz & Cera represents individual and corporate clients as both plaintiffs and defendants in all types of complex commercial litigation actions, including breach of contract cases, business disputes, securities litigation, shareholder disputes, construction defect cases, business dissolutions, intellectual property disputes and wrongful termination actions. The Firm's attorneys pride themselves on their client-centered and creative approach to obtaining the best possible result in each dispute, whether through settlement, mediation, arbitration or trial.

Douglas R. Schwartz is the head of the Firm's civil litigation group. Mr. Schwartz has achieved favorable results throughout his career in commercial disputes, including a successful legal malpractice case against a prominent local law firm, a significant recovery for a client who faced construction defect and mold issues, and a multi-million dollar federal jury verdict in Alaska on behalf of an insurance company against a prominent Washington State law firm for legal malpractice. Mr. Schwartz also utilizes his expertise in defending clients in a diverse range of cases, including shareholders' disputes, construction defect cases, business dissolutions, intellectual property disputes and wrongful termination actions.

Petra M. Reinecke has over fifteen years' experience in state and federal litigation in diverse areas, including complex commercial litigation, employment discrimination, securities litigation, intellectual property disputes, partnership dissolutions, legal malpractice, landlord-tenant disputes, construction defects actions and collections. Ms. Reinecke has throughout her career successfully represented both plaintiff and defendants in various and diverse commercial disputes.

Collections and Bankruptcy

Schwartz & Cera's expertise in collections matters extends from advising clients regarding the use of contractual provisions designed to provide advantages in the event of a default through the prosecution of collections actions to execution on judgments. The Firm has also represented creditors in all aspects of bankruptcy litigation, including adversary actions, and has served as counsel for Creditors' Committees.

Petra M. Reinecke has over fifteen years' experience in collections and bankruptcy matters, including litigation of collections actions in state and federal courts, and the representation of creditors in bankruptcy proceedings, including the preparation and filing of Proofs of Claim, representation in adversary proceedings and serving on and representing Creditors' Committees. Ms. Reinecke also has expertise in representing creditors in non-bankruptcy liquidation proceedings such as assignments for the benefit of creditors.

Corporate Litigation

Schwartz & Cera represents individual and corporate clients as both plaintiffs and defendants in all types of complex corporate litigation, including breach of contract cases, business disputes, securities litigation, shareholder disputes, shareholder derivative actions and business dissolutions. The Firm's attorneys pride themselves on their client-centered and creative approach to obtaining the best possible result in each dispute, whether though settlement, mediation, arbitration or trial.

Douglas R. Schwartz has represented corporations, limited liability companies and partnerships in a wide variety of industries throughout the course of his career. Mr. Schwartz is an expert in federal securities issues and has obtained favorable results in numerous business disputes and other corporate litigation cases.

Petra M. Reinecke has over fifteen years' experience in state and federal litigation and resolving business disputes, including complex commercial litigation, securities litigation, insider trading actions, and corporate and partnership dissolutions. Ms. Reinecke has, throughout her career, handled collection matters for corporate clients, and has developed an expertise in obtaining and enforcing large judgments against debtors located within and outside California.

Employment

Schwartz & Cera's attorneys represent both individuals and companies in a wide variety of employment-related matters. The Firm's transactional group drafts and negotiates employment agreements and consulting agreements on behalf of both employers and employee clients, and has particular expertise in executive compensation and equity issues. The Firm's litigation group has represented both plaintiffs and defendants in substantial wrongful termination, harassment and discrimination actions, and has represented employers in disputes involving wage and hour claims, workplace conditions and unfair business practices, including class action litigation. The Firm's attorneys have consistently achieved excellent results on behalf of their clients in employment-related matters.

Douglas R. Schwartz has successfully represented employers, including a large national law firm and a San Francisco parking company, in litigation involving claims of wrongful termination, sexual harassment, discrimination, failure to pay overtime and other benefits, and unfair business practices. Mr. Schwartz also advises employers in internal investigations, and has been retained to conduct internal investigations on sensitive matters.

Kenneth B. Cera has developed expertise in the negotiation and drafting of various employment and consulting agreements on behalf of corporate and individual clients, both in connection with and separate from the sale or acquisition of businesses.

Petra M. Reinecke has transactional experience in negotiating, drafting and interpreting employment agreements for individual and corporate clients. Throughout her career, Ms. Reinecke has counseled and assisted employers on a wide variety of matters, including hiring criteria and processes, terminations, the implementation and amendment of firm policies and procedures, drug testing, and internal investigations. Primarily a litigator, Ms. Reinecke has handled and participated in the defense of employers against lawsuits alleging wrongful termination, discrimination, and unfair business practices. Ms. Reinecke has also represented employers and employees on wage and hour claims in Superior Court and before the Labor Commissioner.

Frank J. Gilbert has drafted and negotiated numerous employment and consulting agreements, including those involving executive compensations and equity issues. Mr. Gilbert has also participated in the representation of employers in defending against claims of wrongful termination, discrimination and unfair business practices.

Environmental Crimes

The Firm has developed a strong expertise in environmental criminal defense matters, which often involve foreign and international clients.

Douglas R. Schwartz has successfully represented both corporate and individual defendants against criminal charges involving both land and sea-based environmental pollution. He is one of the few attorneys in the United States who routinely represents shipping companies and their crews in federal criminal investigations involving alleged MARPOL and APPS related conduct. As a former state prosecutor in Virginia and assistant United States Attorney in the Virgin Islands and San Diego, Mr. Schwartz has invaluable understanding and insight into the government's prosecution tactics and goals. Mr. Schwartz's background as a prosecutor also lends significant credibility in dealing with the government prosecutors in the cases he defends, which leads to better results on behalf of his clients.

Petra M. Reinecke has successfully handled and participated in the defense of numerous and varied environmental criminal cases. Ms. Reinecke is an expert in criminal investigations involving alleged MARPOL and APPS related conduct by shipping companies and their crew. Ms. Reinecke has also acquired expertise in cases involving protected species and improper waste disposal. Ms. Reinecke has litigated many Federal trials, appeals, and petitions for certiorari to the United States Supreme Court in criminal cases. She has argued numerous cases before the Ninth Circuit Court of Appeals and the California Courts of Appeal, and has obtained the reversal of a criminal conviction on appeal, among other favorable rulings.

Professional Liability/Legal Malpractice

The Firm has represented individual and corporate plaintiffs and defendants in professional liability actions, and has represented plaintiffs and defended attorneys and law firms in legal malpractice actions.

Douglas R. Schwartz and Petra M. Reinecke successfully prosecuted a legal malpractice case against a prominent local law firm, resulting in a very favorable settlement on behalf of the Firm's client. Mr. Schwartz also obtained a multi-million dollar federal jury verdict in Alaska on behalf of an insurance company against a prominent Washington State law firm for legal malpractice.

White Collar Criminal Matters

The Firm's substantial criminal defense practice focuses on white collar and environmental criminal defense and parallel proceedings. The Firm shepherds and counsels individuals and corporate clients undergoing investigation by the FBI, Coast Guard, SEC or other federal, state and local agencies, and represents them in any ensuing criminal prosecution and administrative proceedings. The Firm has successfully defended clients against a variety of criminal charges, including environmental pollution, insider trading, false statements, fraud, tax evasion, and drug- and alcohol-related offenses.

Douglas R. Schwartz has successfully represented numerous clients (both corporate and individual) against criminal charges such as environmental pollution (both land and sea-based), fraud, bribery, bank fraud, anti-trust and securities violations. Mr. Schwartz has appeared in numerous proceedings before the Securities & Exchange Commission and other administrative agencies, defending charges of insider trading and other corporate crimes. He is one of the few attorneys in the United States who routinely represents shipping companies and their crew and employees in federal criminal investigations involving alleged MARPOL and APPS related conduct. As a former state prosecutor in Virginia and assistant United States Attorney in the Virgin Islands and San Diego, Mr. Schwartz brings a unique perspective to his criminal defense practice, which provides an invaluable understanding and insight into the government's prosecution tactics and goals. Mr. Schwartz' background as a prosecutor also lends significant credibility in dealing with the government prosecutors in the cases he defends, which leads to better results on behalf of his clients.

Petra M. Reinecke has handled and participated in a diverse range of criminal matters, including the defense of environmental, fraud, and insider trading prosecutions. Ms. Reinecke has litigated many Federal trials, appeals, and petitions for certiorari to the United States Supreme Court in criminal cases. She has argued numerous cases before the Ninth Circuit Court of Appeals and the California Courts of Appeal, and has obtained the reversal of a criminal conviction on appeal, among other favorable rulings. Ms. Reinecke has also successfully defended clients in State court proceedings involving prosecutions for fraud, theft, and drug and alcohol related offenses.