Shareholders, partners, and members of limited liability corporations often find themselves in disputes with other owners, investors, or lenders. Disputes among co-owners of a business, whether partners or shareholders, can include disputes over operating responsibilities, contractual obligations, cash and spending, bills, and ownership shares. These disputes are usually very complex, involving the intricacies of corporate or partnership law.
Such complex commercial disputes require aggressive, powerful, results-oriented advocacy in and out of the courtroom. The commercial litigation lawyers at Burg Simpson offer their experienced representation to every type of businesses, from Fortune 500 companies to small, family-owned enterprises.
If your business is involved in a business dispute that threatens to tear everything down that you and your partners have built, call a corporate litigation lawyer right now at (800) 544-5484.
Types of Business Disputes
Every business litigation case is different, and having an experienced business dispute lawyer can increase your chances of a successful resolution. Some common types of business disputes that may require legal assistance include:
- Partnership disputes: Often, disputes may arise when the partners disagree on what is in the best interest of the business. Sometimes business owners or partners don’t agree on their financial compensation or disagree on who should take which leadership roles. Disputes between partners may also occur when one breaches their fiduciary duty to the business or other owners.
- Business to business disagreements: Litigation may arise when a customer or client is dissatisfied with a company’s product or services, including disputes with vendors, suppliers, or manufacturers. If a company’s actions are perceived to be unfair or deceptive, a conflict could occur.
- Sales, mergers, or acquisitions: Corporate restructuring can involve multiple areas of law from government compliance to shareholder liability. These negotiations are frequently complex.
- Non-compete agreements: Businesses often ask their employees to sign non-compete agreements, which bind the employee to not engage in similar business practices for a certain period of time and/or in a specific geographical region. Sometimes, these contracts may be found to be unenforceable due to being overly broad.
- Government compliance: Many companies eventually face issues with governmental regulations. Whether the business is dealing with IRS compliance concerns or is unsure how SEC regulations affect the business, a commercial attorney can provide assistance
- Business breakups: When disputes between partners can’t be resolved, it may lead to a business breakup. An experienced business lawyer can provide assistance in protecting interests, help you understand any existing contracts, obligations and liabilities, and help you comply with the legal and regulatory requirements of dissolution.
Warning Signs of Business Breakups
Although it may be the farthest thought from your mind when starting a new business, many startup partnerships end up a breakup. Dissolving a partnership is usually complicated and often emotional. Experienced, considerate counsel can make all the different between a prolonged and expensive litigation with a poor outcome, and a prompt and reasonable resolution.
There are a few warning signs entrepreneurs can look for that might suggest a business breakup could be on the horizon, including:
- Communication breakdown: Communication is key in any relationship, whether it is personal or professional. When communication starts to break down – the emails taper off, meetings fall off the calendar, and major decisions start to be made independently – it may be time to re-evaluate the partnership.
- Fundamental differences: Disagreements are not uncommon. But when those differences become more blatant and when they infiltrate fundamental aspects of the partnership, such as long-term business goals and core values, they can make collaboration that much more challenging.
- Disparity of workloads: Vaguely defined roles can often lead to a difference of work responsibilities. Maybe it is one partner who cannot seem to delegate any responsibilities, or a partner who refused to carry his weight, skipping client meetings or conference calls. Either way, when partners are not working together or sharing duties equitably, divisions can emerge, threatening the relationship.
If you think your partnership is at risk or if your business is facing a transitional period, speak with one of the commercial litigation attorneys at Burg Simpson as soon as possible.
How Do You Prefer for a Business Dispute?
Resolving many different types of business disputes fairly, short of expensive litigation, is almost always preferable, but we recognize that is not always possible. Because Burg Simpson’s corporate litigation attorneys are well-known for their trial experience, we bring that leverage and expertise to your negotiations, helping you avoid and resolve disputes before they reach the courtroom, if possible.
When a business dispute or dissolution escalates to litigation, Burg Simpson’s experienced, strength, and resources are available to powerfully advocate the client’s position to the judge or jury.
Call us today at (800) 544-5484 or fill out our FREE case evaluation to get started with your case.