Corporate & Partnership Disputes
Disputes between partners or shareholders put all parties and the company at risk. Lurie, Zepeda, Schmalz, Hogan & Martin patiently researches the issues behind your dispute to establish an efficient path toward resolution. In many cases, we achieve a negotiated settlement, enabling you to quickly resume growing your business or move on to new ventures. However, we aggressively pursue litigation as necessary to achieve your goals.
Our experience bringing closure to heated corporate and partnership disputes include:
In an action on promissory notes on behalf of investment banking clients, obtained a verdict for 100% of monies sought, all prejudgment interest at 10%, and client corporations were declared the prevailing party allowing the recovery of attorneys’ fees. Defended claims by former employee against investment banking corporations for breach of contract and fraud in the inducement.
FILED Statement of Decision dated 5-27-2022 (00722452)
Settled a rare California Corporations Code § 709 expedited trial involving a dispute among shareholders of a biopharmaceutical corporation over the election of directors.
On behalf of motel business’s minority shareholder and manager, successfully prosecuted claims against the majority shareholder for breaching contract to sell his shares of the corporation to client. Following the presentation of client’s case in chief to a jury, settled on terms favorable to client. Defendant was required to sell his shares in the corporation to allow client to continue ownership and operation of the motel business.
Prior to opening statements, favorably settled a contentious partnership dispute for client. Client and defendants had entered into an oral partnership agreement, without a specified limit of its duration and as equal partners, to jointly own and operate a business engaged in marketing and business development seminars. Defendants denied the existence of a partnership.
Successfully resolved a longstanding deadlock between our client and her business partner through negotiations, avoiding expensive litigation. The business owners were equal partners without a buy-sell agreement or other provision to break a deadlock in the event of a dispute. The negotiated settlement enabled our client to buy-out her partner on favorable terms and continue to grow a thriving, cutting-edge beauty supply business.
Successfully defended the president of a company in a shareholder dispute with the company’s private equity firm investor over a settlement agreement and breach of fiduciary duties. Client had contracted to sell his share of the business to the private equity firm then continue working for the company under a contract. Plaintiff alleged that client had improperly used corporate money, among other things. Through a two-staged arbitration, nearly doubled the $2 million received by client pursuant to the settlement agreement to $4 million.
Several years after a law partnership effectively had dissolved, successfully defended a former partner in a dispute related to the dissolution. Effectively used the plaintiff’s impending deposition and an upcoming hearing date on our motion for summary judgment as leverage to reach a settlement in client’s favor.
In a corporate dissolution action that arose when our client was effectively frozen out of the business, successfully negotiated the sale of client’s shares of stock in connection with the sale of corporate-owned property. The corporation owned several valuable pieces of property and operated a grocery business.