One of the most disruptive things that can happen to a business is an unreconcilable disagreement between the principals. Not only will such a dispute hamper the company’s ability to operate and conduct business, but the resulting acrimony can cause irreparable harm to the company’s reputation.
If a partnership dispute arises because a partner, director, officer, or shareholder breaches a fiduciary duty within the corporation, it may result in complicated litigation.
The business litigation attorneys at the Dilendorf Law Firm represent managers, shareholders, and officers in claims involving breach of fiduciary duty, fraud, and conflict of interest issues. Our firm provides legal representation for businesses in all aspects of corporate law, and we work tirelessly to protect the business interests of our clients, whether through litigation or alternative dispute resolution.
How to avoid a partnership dispute
Ideally, the partners and shareholders in a business will purposefully endeavor to clarify their legal options in the event of a dispute, and to complete this process at the company’s inception. The best way to accomplish this is through a written agreement, which is frequently updated, even if that means creating the document after the business has started.
Many businesses wait until a conflict arises to resolve problems, but that is not a sound legal strategy. Our business litigation team strongly advises taking steps to create a partnership agreement.
- Partners should spend time negotiating the key issues.
- All existing written agreements must be reviewed and revised on a regular basis to ensure they stay relevant as the business changes in nature and scope.
- Any such agreement must reflect the current direction of the business.
Whether the dispute is related to partnership dissolution, breach of fiduciary duty, or misappropriation of funds, most partnership disputes may be dealt with through alternative methods of resolution. These include:
Many cases still end up in litigation, but in either case, the cost of resolving a partnership dispute is likely to be far greater than taking steps in advance to prevent a disagreement.
At the Dilendorf Law Firm, our partnership litigation specialists evaluate each client’s needs in the prevention and resolution of business disputes. We work hard to find the most effective solutions to prevent our clients from losses related to a variety of business-related disputes.
- Partnership – Consolidated Laws of New York — The New York State Senate
- Alternative Dispute Resolution — U.S. Department of Justice Archives
- What Are the Goals of Mediation — U.S. Department of Commerce
- Alternative Method of Dispute Resolution by Arbitration — NYcourts.gov
- When Mediation is Appropriate — U.S. Department of Commerce
- Alternative Dispute Resolution Guide — USAID
- What Is Alternative Dispute Resolution (ADR) — NYcourts.gov
- Alternative Dispute Resolution — Cornell University