Corporate and Partnership Disputes

After years, and often decades, dedicated to a business, people often find that they can no longer get along with their partners, whether due to personality differences or different goals or expectations as to the direction the business should take.

 

  When there is equal ownership, either the entity becomes deadlocked and ceases to function, in which case judicial dissolution is available, or the partners/shareholders decide to dissolve the business, i.e. voluntary dissolution. However, when ownership is not equal, frequently the minority partner/shareholder finds that he/she is being forced out or squeezed out of the business, whether by unequal monetary treatment, being locked out of managerial participation or by more subtle, but no less effective, means.

State of New York provides protection for shareholders who are being subjected to oppressive conduct by the majority shareholders of a corporation. In addition to shareholder derivative actions, and actions against the directors and officers for breach of their fiduciary duties, a minority shareholder can bring an action for dissolution of the corporation based on the oppressive conduct of the majority or looting or corporate waste.

 

  This provides a means of redress when a minority shareholder?s "reasonable expectations" are not met. Obviously this area of law is complex and cannot be described fully here and consultation with an experienced business litigator is strongly suggested.

 

  Shareholder and business partnership disputes can be every bit as emotional and volatile as a marital divorce.

 

  At Bukh & Associates, PLLC, we have long provided the transactional services required when the owners in a business disagree on how to run the company.  Now we also provide the ability to litigate business partnership and shareholder disputes.

 

  Like our dedication and commitment to helping our clients during a divorce, our litigation attorneys work to achieve a fair settlement agreement outside of court. However, when the opposition refuses to be reasonable, we will take your case to trial. In fact, we find that an aggressive and strategic approach to litigation often encourages agreeable settlement terms.

 

Not every attorney has the skill and experience to handle complex business partnership and shareholder disputes. We do.