Business Partnership Dispute Attorneys

Business disputes happen and when they do, you need experienced litigators to protect your interests. That is what we do. We solve litigation problems of close corporations, partnerships, and limited liability companies. Time and again our clients call on us to take the reigns and guide them through sensitive, complex, and sophisticated commercial litigation problems. With our deep experience in these matters, we understand both the legal side of the equation and the business side. We work closely with our clients to understand their specific goals so that we can custom tailor the most effective and efficient solution for them.

Our Expertise as Business Litigation Attorneys

With years of experience in the field, our law firm has developed a deep understanding of the intricate dynamics that partnerships and LLCs entail. We comprehend the nuances that arise when diverse perspectives, roles, and objectives converge, leading to potential conflicts. Our expertise covers a wide array of partnership disputes.

Breach of Contract in Partnership and Shareholder Disputes

Resolving Contractual Disputes in Business Relationships

In the realm of business disputes, breach of contract claims stand as one of the most prevalent causes of action. For individuals involved in partnerships or shareholder agreements, breaches of contract can trigger a range of conflicts concerning critical facets of the business. These include:

  • Ownership Interests
  • Management Responsibilities
  • Compensation Structures
  • Decision-Making Protocols
  • Allocation of Profits
  • Timelines and Procedures for Issuing Dividends and Compensation
  • Admission of New Partners or Shareholders
  • Buy-Sell Arrangements
  • Understanding the Impact

Whether you find yourself initiating legal action due to an alleged breach of contract or aiming to preemptively safeguard against potential disputes, understanding the contents of your contract and the remedies available for breaches is of paramount importance.

Addressing Shareholder Disputes Using Unjust Enrichment Claims

In certain business relationships, an inequitable advantage may be gained by one party at the expense of another. When such situations arise, and there’s no explicit contractual arrangement in place, the concept of unjust enrichment comes into play as an equitable remedy.

Unjust enrichment claims involve three key components:

  1. Receipt of Benefit: The defendant must have received a benefit.
  2. Plaintiff’s Loss: This benefit should come at the expense of the plaintiff.
  3. Unjust Retention: The circumstances must indicate that it would be unjust for the defendant to retain the benefit without providing fair compensation.

Unjust enrichment can serve as a legal recourse when contractual grounds (breach of contract) and fraudulent intent are absent. This avenue becomes relevant when a defendant holds property or funds belonging to the plaintiff, even without malice or intention to defraud. It could also be pertinent if an agreement exists, yet it’s unenforceable or void for specific reasons.

Dealing with Fraudulent Actions by a Business Partner

Guarding Against Breaches of Trust and Fraudulent Activities

Fiduciary responsibilities extend to deterring not only breaches of trust but also fraudulent acts by business partners and majority shareholders. In the unfortunate event that you suspect a fellow business partner or shareholder is engaging in illicit activities, such as embezzlement or deceit, you might have recourse not only through claims of breach of contract and fiduciary duty but also by pursuing claims related to fraud.

Instances of business fraud could encompass:

  • Fraud: Deliberately presenting false facts with the intention to deceive.
  • Misrepresentation: Proposing untrue information, genuinely believed to be accurate.
  • Fraudulent Conveyance/Transfer: Illicitly transferring assets to evade legitimate claims.
  • Misappropriation of Trade Secrets: Unauthorized usage of confidential business information.
  • Patent or Trademark Infringement: Violating protected intellectual property rights.
  • Embezzlement: Misappropriating funds entrusted to their care.

Safeguarding against fraud demands a proactive commitment to shield trade secrets, intellectual property, and vital business data. Those embarking on partnerships or investments should institute comprehensive measures to protect the business’s most crucial assets. Equally crucial is the readiness to enforce agreements and take legal action when fraudulent activities or misrepresentation rear their heads.

Our Approach

We understand that every partnership and LLC dispute is unique, shaped by the specific circumstances and individuals involved. Our approach is rooted in meticulous analysis, tailored strategies, and open communication. Here’s how we work to resolve partnership and LLC conflicts:

  • Comprehensive Assessment: We begin by thoroughly assessing the situation, understanding the nature of the dispute, and identifying the underlying issues.
  • Strategic Guidance: With a clear understanding, we develop a strategic plan that aligns with your objectives, whether it’s negotiation, mediation, or litigation.
  • Negotiation and Mediation: Whenever possible, we prioritize negotiation and mediation to achieve swift and amicable resolutions, saving you time, money, and emotional stress.
  • Litigation when Necessary: If negotiation and mediation don’t yield the desired results, we’re prepared to advocate for your rights in court, using our extensive litigation experience to protect your interests.

Choose Landsman Saldinger Carroll

Our team’s deep understanding of partnership and LLC law ensures you receive accurate and informed guidance.

We prioritize your goals, tailoring our strategies to achieve the best outcome for your unique situation.

Our history of successful dispute resolutions demonstrates our commitment to achieving results for our clients.