Gain An Advocate In Shareholder & Partnership Disputes
Last updated on May 31, 2024
Even the best-planned businesses can be taken down by unresolved disputes among shareholders and partners. It is crucial to resolve discord appropriately and efficiently in order to protect the legal and financial interests of the business. In the greater Detroit area, this means seeking out the services of Brown Borkowski & Morrow.
Our dedicated business law and commercial litigation attorneys have been resolving shareholder and partnership disputes for our clients since our Farmington Hills firm opened. We represent the interests of small and medium-sized businesses, providing them with the solutions they need to keep their businesses operating successfully.
We resolve a wide variety of partnership and shareholder disputes, including those involving:
- Disagreements about the direction of the business
- Allegations of fraud made by shareholders or partners
- Breach of fiduciary duty claims
- Alleged oppression of minority shareholders
- Underperformance claims brought by shareholders
Our team is prepared to protect your interests and pursue the most favorable outcome as efficiently as possible. Whether this means negotiating a settlement or proceeding with litigation, we have the tools, knowledge and resources necessary to prevail.
How To Handle A Dispute With A Business Partner
Partnerships can fail for a multitude of reasons. Perhaps the partners did not have a strong business plan and cannot agree on how to run the business. One of the most important reasons for failure, from a legal standpoint, is that the partners failed to have a written partnership agreement in place.
Partnership agreement
Typically, a partnership agreement is drawn up by a lawyer at the beginning of the venture and details everything from each partner’s initial stake and percentage ownership to how responsibilities are divided and even how disagreements will be handled.
Without a partnership agreement that provides guidelines for business decisions and operations, partners can often find themselves at odds, putting the entire venture in danger.
Changes in the partnership agreement
If you and your business partner have a partnership agreement in place but find yourself in a situation where your partner no longer wants to participate in the venture or would like to step into a position of less responsibility, there are options.
You can change the weighting of the partnership agreement so that you now have a majority share while your partner remains involved but to a lesser extent.
Another option is to buy out your partner altogether and assume full ownership of the business.
Dissolving the partnership
In the instance that both you and your partner no longer want to participate in the venture, and you have a partnership agreement, it may be time to examine the section of the agreement that details the dissolution plan.
The plan should give clear instructions on terminating leases, paying off loans, selling property, and distributing any remaining assets, capital, or debt to the partners.
No partnership agreement
If you do not have a partnership agreement, any changes in the management of the company or the dissolution process can become much more complicated. If you and your partner are parting ways amicably, it may be easy to work out the terms. However, if there is ill will that caused the split, you may need to consider mediation or even pursuit of the case in court.
If you find yourself in a disagreement with your business partner, it is important to know your options and rights. For guidance on this issue, contact our experienced business law attorneys at CALL. We will help you every step of the way.
Partnership And Shareholder Litigation Lawyers Capable Of Positive Solutions
Our shareholder disputes lawyers understand that shareholder and partnership disputes can affect the well-being of a business. We navigate these disputes with a commitment to achieving resolutions that align with our clients’ business goals.
Responding To A Breach Of Fiduciary Duty
Fiduciary duties are responsibilities that officers, directors or majority owners owe to a company and its shareholders. These include the duty of:
- Care
- Loyalty
- Good faith
A breach occurs when these individuals put their interests above the company’s or fail to act with the diligence required. If you suspect a breach, our partnership and shareholder litigation lawyers can assess the situation and guide you through the legal pathways to address it.
When Minority Shareholders Face Alleged Oppression
Minority shareholder oppression happens when the rights and interests of minority stakeholders are disregarded by the majority. This can include exclusion from important decisions or denied fair financial returns. Legally, there are mechanisms to challenge such actions. Our shareholder dispute lawyers can help protect your rights as a minority shareholder, LLC member or partner by ensuring fair treatment within the business framework.
Shareholder Dispute Lawyers Protecting Detroit Clients’ Agreement
Before entering into a partnership or shareholder agreement, it is critical to consider provisions for dispute resolution, exit strategies and decision-making processes. We can aid in drafting and reviewing agreements to minimize future conflicts and protect your interests, helping to avoid costly litigation.
When A Business Breakup Leads To A Lawsuit
In a business breakup lawsuit, the court examines the business’s value, each party’s contributions and the reasons for the dispute. You may have the option to recover financial compensation. Damages in shareholder litigation can include:
- Financial losses
- Loss of business opportunities
- Punitive damages
We guide you through this process, aiming for a fair and equitable outcome.
Guidance For Complex, Family-Owned Business Disputes
Disputes in family-owned businesses can be particularly thorny due to the personal relationships involved. These conflicts might differ from nonfamily businesses as they can entwine with family dynamics and issues of succession. We approach these disputes with sensitivity and a focus on preserving both the business’s and the family’s best interests.
Strong Yet Civil
At Brown Borkowski & Morrow, we believe that everyone deserves to be treated with respect, and this applies to the legal realm. We handle all business law cases with civility and respect, which reduces the likelihood of protracted litigation. This, in turn, protects the bottom line of our business clients.
Powerful Representation For Your Partnership And Shareholder Disputes
Contact us online or call 888-757-1681 to arrange your free case review. We look forward to guiding you toward the most favorable outcome for your business.