Legal fees often should be awarded to a minority shareholder who is mistreated and oppressed by majority shareholders. The applicable statute allows the court’s discretion to a legal fee award in such a case. But it hardly ever happens. Why not? » Read More
In business divorce litigation, as in many other types of cases, parties sometimes make admissions that you wish you had on tape. Because of this, sometimes surreptitiously recording a conversation with your business partner is the best way to prove certain things. » Read More
The key to winning a shareholder oppression case can sometimes be as simple as getting the information you need; and the key to that can sometimes be a reluctant accountant. Often, the company’s accountant will have the key to the case because he or she knows “where the bodies are buried.” » Read More
No one wants a trial, especially in business divorce litigation. Trials can be messy, expensive, and have a debilitating impact on the company. For example, a valuable CFO caught between warring factions of owners is a prime candidate to start circulating her resume. » Read More
As the never-ending pandemic slogs along, many businesses have re-opened, some are still closed, and a significant number are still having many of their employees work remotely, at least wherever possible. This remote, “in-between” existence obviously poses several challenges for companies and employees alike. » Read More
Having a business partner whom you trust implicitly is a true gift. If you have such a relationship, count yourself among the lucky. Most business owners reading this blog, unfortunately, are having some sort of issue with their business partner(s), usually an acute conflict, often an existential one. » Read More
In many places, COVID-19 is making a comeback, or never actually left. But as far as an effective excuse to keep business partners in the dark, the pandemic has been hanging around for far too long. » Read More
If you are having an ongoing issue with your business partner and you attempted to discuss it, how did he react when you started raising concerns about the manner in which he was running the company? If he is like many entrenched majority owners who have let their power and authority go to their heads, his initial reaction was a threat. » Read More
Many business owners reading this article are facing a severe COVID-19-related economic downturn and simply struggling for survival. However, this does not describe all businesses. Some have been, and remain, closed completely. Some are better able to adapt to a remote environment than others, and some may even thrive in this environment. » Read More
The world has changed. The COVID-19 virus is impacting everything and everyone, and certainly only the most fortunate of businesses will not be adversely impacted. If you as a business owner have reason to believe that you are an oppressed minority shareholder with the right to file suit against your fellow shareholder(s), it is easy to conclude that you perhaps should hold off on filing that shareholder oppression claim, at least until some semblance of normalcy has been restored. » Read More
