News & Analysis as of

Dispute Resolution Business Ownership

Davidoff Hutcher & Citron LLP

Legal Remedies for Breach of Fiduciary Duty Among Restaurant Partners

Restaurant partnerships often thrive on mutual trust, shared goals, and a commitment to success. However, when one partner puts personal interests ahead of the business or violates that trust, it can lead to a breach of...more

Bennett Jones LLP

Q&A on Protecting Family Enterprises Through Collaborative Family Law

Bennett Jones LLP on

When family relationships break down, the impact can extend well beyond personal matters, putting the future of a family enterprise at risk. I recently spoke with Patricia Hebert, a collaborative family lawyer, mediator and...more

Offit Kurman

How Buy-Sell Agreements Can Help Prevent a Messy Business Divorce

Offit Kurman on

Just like any kind of relationship, not all business partnerships are built to stand the test of time. They can sour just as easily as a romantic partnership or friendship as vision and long-term goals diverge, financial...more

Jaburg Wilk

Five Reasons Why a Custom Operating Agreement is Fundamental for an Arizona LLC

Jaburg Wilk on

When forming an Arizona limited liability company (“LLC”) crafting a custom operating agreement is one of the most important steps taken to protect the business and ensure its long-term success. While Arizona law doesn’t...more

Robins Kaplan LLP

Navigating General and Limited Partnerships: Common Pitfalls and How to Avoid Them

Robins Kaplan LLP on

Choosing the right business structure is critical for the operation of a business. General and limited partnerships are common business structures for those wanting to enter business together. While both partnerships offer...more

Fox Rothschild LLP

A(nother) Cautionary Tale on the Importance of Operating Agreements

Fox Rothschild LLP on

To practitioners familiar with internal disputes involving closely held companies, the allegations in Lafayette Village Pub, LLC v. Burnham, 2025 NCBC 8, are nothing new. The member running the business (allegedly) made bad,...more

Mandelbaum Barrett PC

Question and Answer with a Corporate Law Attorney: FAQs Answered

Mandelbaum Barrett PC on

Starting and running a business can be an exciting yet overwhelming journey, and the legal side of things often adds complexity. Many entrepreneurs and business owners find themselves with pressing questions about how to...more

Bradley Arant Boult Cummings LLP

The Risks of 50-50 Owned Business Partnerships: This Marriage of Equals Does Not Guarantee Success

During Valentine’s Day month, we are taking a look at 50-50 owned private businesses. Forming a co-owned company may sound like a good idea on paper because the two partners are close friends or family members who are making...more

Bradley Arant Boult Cummings LLP

Preventing a Crash and Burn: Avoiding Future Business Divorces Through Company Governance That Addresses Minority Partner Concerns

Majority owners of private companies are empowered to exercise control over their businesses, but if they disregard the valid concerns of their minority partners, they may sow the seeds for a divisive business divorce in the...more

Mandelbaum Barrett PC

The Benefits of Arbitration in Business Disputes

Mandelbaum Barrett PC on

Arbitration is becoming an increasingly vital tool for business owners and entrepreneurs in 2024, as over 80% of businesses find arbitration to be more efficient and less costly compared to traditional court litigation,...more

Bradley Arant Boult Cummings LLP

Opening Up the Business Partner Time Capsule: Partnership Lessons Shared by Owners and Investors

Hindsight can be a wonderful thing, especially if hard-earned lessons are adopted by others who are willing to learn from past mistakes. When private company owners and investors share with me some of the wisdom they have...more

Farrell Fritz, P.C.

Limo Company Shareholders Can't Hitch a Ride in Derivative Litigation

Farrell Fritz, P.C. on

Closely-held business entities come in all shapes and sizes. By definition, under Partnership Law § 10, it takes “two or more” owners to form a general partnership. But corporations and LLCs have no such impediment, ranging...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Five Things to Know Before Starting a Business

Starting a new business can be a very stressful endeavor, often involving significant financial risk, a possible career change, and sleepless nights ensuring your business plan is ironclad. Adding to this stress, many new...more

Hendershot Cowart P.C.

The Basics Of Shareholder Agreements

Hendershot Cowart P.C. on

You've set your business up with the Secretary of State. Now it's time to look inward and say, what do we need to properly run this business? Having governance documents in place, such as a shareholder agreement, is...more

Miles Mediation & Arbitration

Mitigate the Damages in Business Divorce Through the Use of ADR

As is true with other relationships, some business relationships do not stand the test of time.  Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding employees,...more

Bradley Arant Boult Cummings LLP

Buy-Sell Agreements May Not Be the Holy Grail, But They Can Help Limit Headache and Heartache

Disagreements are common between business partners in private companies, but most do not lead to a partner exit. When partner conflicts become severe enough to warrant a business divorce, however, majority owners and minority...more

Miles Mediation & Arbitration

Mitigate the Damages in Business Divorce Through the Use of ADR

As is true with other relationships, some business relationships do not stand the test of time.  Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding employees,...more

Flaster Greenberg PC

Ten Tips for Avoiding Litigation: Tip # 2: Avoid Doing Business with Members of your Family.

Flaster Greenberg PC on

This tip might sound counterintuitive to you, and, in any event, it might be unachievable, given that most of the businesses in this country start out, at least, as family businesses, but let me explain. Business people make...more

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