PARTNER, SHAREHOLDER, AND MEMBER DISPUTES
Individuals or companies in business with others in the form of a partnership, corporation, Limited Liability Company, or some other form of entity, frequently end up in disputes and in litigation with one another. Our litigation attorneys have extensive experience in prosecuting and defending claims in court relating to such disputes.
We have handled cases involving such disputes ranging from small family-held businesses to companies worth in excess of $500 million.
These cases often involved oppressed individuals who do not have access to sufficient resources to engage in lengthy litigation with a well-funded opponent, and we pride ourselves in finding solutions that will allow such individuals to protect their rights. No client should be prevented from vindicating his or her rights due to a lack of resources; thus, we are open to alternative fee arrangements which may include a contingent fee component.
Additionally, our business transactional attorneys have extensive experience in preparing or negotiating agreements intended to avoid, resolve or settle disputes by and among partners, shareholders, or members.
We frequently counsel, assist and advise clients on methods to avoid or handle such disputes including by and through shareholder agreements, member agreements, voting agreements, and/or amendments to existing agreements.
When serious disputes arise among business partners, and in particular those involved in closely-held or family companies, a host of difficult related issues typically arise and must be addressed including without limitation: whether individuals may be locked out or terminated; whether their compensation may be modified or cut off; how business decisions can be made if there is a deadlock among governing persons; who has access to company funds for paying for litigation or attorneys; who has access to company books and records; whether someone may be forced to buy or sell interests and at what price; how to determine the value of the company and/or the value of the interests of the various owners; whether the company should or must be terminated or liquidated. These are just a few examples of questions and issues that often arise in connection with these kinds of disputes.
Emotions often run high in these types of business disputes because they involve the livelihoods of the persons involved, personal and business relationships may be jeopardized. In some cases, the very survival of the company is at stake. Our firm has deep experience in the handling of such matters and is standing by ready to take action to protect the rights of our clients and/or the business entity itself, in all types of partner, shareholder, or member disputes.
Whether the situation requires immediate court intervention through appropriate restraining orders, or the simple opening of a dialogue intended to lead to a negotiated resolution, our goal is to help our clients reach their objective and to ensure a prompt and fair result. Our lawyers will also provide invaluable counseling to minimize the risk of future disputes.
If you are involved in a partner, shareholder, or member dispute (or seek guidance or advice to avoid such a dispute), we invite you to give us a call and set up an appointment with one of our attorneys.