At AbsolutLAW, we solve problems involving business partners.
AbsolutLAW provides high quality and cost-effective legal services in business, corporate and partnership disputes to clients throughout Dallas, Fort Worth, the surrounding communities and the State of Texas.
Business partners often have disputes that negatively impact the operation of their business. Sometimes the disputes can be resolved amicably, while other times it is necessary for businesses and partners to resolve their disputes through the judicial system or some other form of alternative dispute resolution. Occasionally, business partners have disputes arising from facts and circumstances that make a business divorce necessary and unavoidable. Regardless of your particular circumstances, when it is important to the outcome of your case that you retain a competent and aggressive business litigation attorney, our legal team has the breadth and depth of experience necessary to bring your partnership dispute to a successful conclusion.
At AbsoutLAW, we believe in business litigation with force. The life our clients' businesses are often at stake. They count on us to prosecute their claims and defend them aggressively in court.
Whether you want to protect your business assets, want to recover from losses or damages done to you by a customer or a competitor, have a business partner that is acting wrongfully, or just need aggressive litigation defense, you can count on AbsolutLAW to provide relentless representation and make your case our cause.
Partnership Shareholder Disputes
Running a business with others can be difficult, especially when some are involved in the daily operations and others are not. With significant amounts of money on the line, considerable labor and time investments, and often the life of a business, breach of a partnership, operating, and shareholder agreement should be addressed immediately.
In addition, the partners and others in business together may have certain fiduciary obligations to each other.
Breach of Fiduciary Duties
Fiduciary duties are imposed when there is a relationship of a high degree of trust and confidence, such as with lawyers, real estate agents, and trust administrators.
Similarly, anyone with a position of ownership or authority in a business, who makes financial decisions on behalf of shareholders or partners, holds a high duty of care.
Acting against another's best interests in these circumstances is often considered a breach of fiduciary duty, and can easily lead to litigation with heightened damages, such as punitive damages.
Some of the issues we routinely handle in this arena, for both plaintiffs and defendants, are:
- Company Mismanagement
While officers, directors, majority shareholders, and partners must act prudently on their work and investigate before making decisions, the law does not hold them to perfection and allows them to exercise their judgment. We can examine the corporate bylaws, partnership agreements, Texas law, and the individual's duties and actions. We can try to mediate the dispute, or bring or defend a lawsuit.
- Breach of Loyalty
Officers, directors, majority shareholders, and partners must act with the company's interests in mind. This requires putting the company interests before their own or another company's. The also cannot compete with the business. We can examine the individuals' duties and actions to resolve matters early, or bring and defend a legal action.
Officers, directors, majority shareholders, and partners should not treat the company's money as their own. However, loans to the company and compensation have their appropriate place. Again, this depends on the circumstances, and whether such conduct is legitimate is a question best posed to a business lawyer.
- Involuntary Dissolution
When a business cannot internally come to an agreement on vital business processes, or when there is fraud or other circumstances, owners can ask the court to dissolve the company. Especially in stalemate, this may be the only way for owners to “cash out” and move on.
Whether the business is small, medium, or large, business disputes between shareholders, partners, officers, companies, and outside resources arise regularly,
At AbsolutLAW, we handle corporate and partnership disputes, representing individuals and businesses, as both plaintiffs and defendants. Whether your business problem arises from a partner, investor, shareholder, customer, competitor or some third-party, AbsolutLAW can solve your business problem.