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Experienced Resolution Of Business Divorce And Partnership Disputes

A “business divorce” is often as contentious and volatile as a marital divorce, particularly when dealing with friends or family members. Clark Guldin Attorneys at Law represents partners, members and officers of closely-held and family-owned businesses who find themselves in the midst of disputes with their co-owners. Some rifts are triggered by the discovery of fraud and/or questionable businesses practices. Sometimes the stakeholders simply reach the conclusion that their company can no longer properly function under the current ownership/management structure.

Regardless of whether you are a majority or minority owner, it is important in such matters that you seek counsel with relevant experience, knowledge of the applicable law and commitment to your cause. Our business litigation attorneys have substantial experience with these cases, particularly in recent years when the economy has faltered and business partners began taking a closer look at their co-owners and their business practices, and scrutinizing their companies’ performances.  During these tough economic times, we have represented a number of both majority and minority owners of small businesses, and gained a strong understanding of the applicable law in this area and all of its hidden and somewhat complex nuances.

Working Out The Details Of Ending A Business Relationship

In our experience, these are often complex matters involving sensitive personal, financial, tax and accounting issues. There is no “one-size-fits-all” solution. We assist our clients in assembling the right team of accountants, valuation specialists and associated professionals (when necessary), and navigate our team through whatever (private or public) legal processes may be required to achieve a satisfactory end result.

We explore with clients all the various possibilities and remedies, which can include:

  • A negotiated resolution
  • A “corporate divorce” under the terms of a buy-sell agreement
  • Buyout of one shareholder’s stake
  • Appointment of a custodian or provisional director
  • Injunctive relief or court orders for restitution
  • Restrictive covenants (noncompete and nondisclosure agreements)
  • Minority shareholder oppression lawsuits
  • (As a last resort) business dissolution

As always, consistent with our overall firm philosophy, we approach these matters in a strategic, results-oriented manner intended to efficiently resolve disputes in a business-like manner. We strive for solutions which have the least impact on the entity, its employees and business operations.

See examples of our representative business divorce matters.

Protecting Your Business And Personal Interests

Early intervention can preserve your options and improve the chances of a favorable and cost-effective outcome. Reach out to our experienced business divorce lawyers at the first sign of trouble. We practice in the state and federal courts of New Jersey, New York and other jurisdictions. To arrange a consultation, call Clark Guldin Attorneys at Law at 973.707.5346 or contact us online.