Experienced Legal Representation For Shareholder And Partnership Disputes In Florida
Business disputes can put your ownership, control and money at risk. When partners or shareholders cannot work together, the conflict can affect the whole company. At Warren Gammill & Associates, P.L., we represent business owners in Miami and across Florida in disputes over ownership, company control and business assets.
Common Grounds For Corporate Disputes
Corporate disputes can start when an owner, director or officer puts personal interests ahead of the company. Our attorneys handle claims involving breach of fiduciary duty, diversion of corporate opportunities, minority shareholder oppression and financial misconduct.
These disputes may involve hidden deals, misuse of company funds, unfair payments, self-dealing or attempts to push an owner out. We look at what happened and help protect our clients’ ownership and financial interests.
Direct Shareholder Claims And Derivative Lawsuits
A shareholder lawsuit may be a direct claim or a derivative action. A shareholder generally must show that they suffered direct harm and a special injury that other shareholders did not suffer to bring a direct claim. A direct claim may also apply when a contract or other legal duty protects that shareholder.
When misconduct harms the company instead of one shareholder, the shareholder generally must bring the claim for the company. Derivative actions also have certain requirements, including a written demand on the board in appropriate cases.
The type of claim matters. It can affect who files the case, who gets any recovery and what steps must come first. We review the facts and the shareholder’s rights before deciding how to proceed.
Resolving Corporate Deadlock And Ownership Conflicts
A 50/50 ownership structure can cause problems when owners disagree on major decisions. Our attorneys handle corporate deadlock litigation when owners cannot agree on important business decisions. When a deadlock threatens serious harm or stops the company from operating, a court may appoint a provisional director, custodian or receiver. These steps can help protect the company and its assets. Owners may also seek a buyout instead of judicial dissolution.
The best option depends on the facts, the company’s governing documents and the effect of the deadlock on the business. We help clients understand their choices and protect their ownership and business interests.
What You Should Know About Shareholder And Partnership Disputes In Florida
Shareholder and partnership disputes can raise hard questions about ownership, management and legal claims. These common questions explain some of the issues that may come up.
What is the difference between a direct shareholder lawsuit and a derivative action in Florida?
A direct lawsuit generally requires a shareholder to show direct harm and a special injury that other shareholders did not suffer. A specific duty owed to the shareholder may also support a direct claim. A derivative action deals with harm to the company. An eligible shareholder brings the claim for the company, and any recovery generally goes to the company. Derivative cases also have certain steps, including a written demand on the board in appropriate cases.
How can business partners resolve a corporate deadlock when ownership is split 50/50 in Florida?
Owners may first use the process in their shareholder or partnership agreement. This may include mediation or a buy-sell provision. If they still cannot agree, a court may provide relief in qualifying cases, including judicial dissolution. A court may also appoint a provisional director, custodian or receiver when the deadlock threatens serious harm or stops the company from operating. A buyout may offer another way to settle the dispute without dissolving the company.
What legal protections and remedies are available to minority shareholders facing freeze-outs or oppression?
A minority shareholder may have a direct claim when misconduct causes direct and special harm or violates a specific duty owed to that shareholder. Depending on the facts, the shareholder may seek damages, an injunction or other relief. If the misconduct harms the company, a derivative action may be appropriate. The available options depend on the shareholder’s rights, the company’s governing documents and the conduct involved.
When a partnership or shareholder dispute puts your business interests at risk, early legal advice can help you decide what to do next.
Protecting Your Business Before And During Litigation
A strong case can start before a lawsuit is filed. We can help preserve evidence, protect ownership rights and address harmful conduct before the problem gets worse. If a lawsuit becomes necessary, our attorneys are ready to represent our clients in court.
If you need a shareholder dispute lawyer in Miami, attorney Warren Gammill can help you understand your options. We keep our clients informed and focus on the issues that matter to their businesses. A dispute between partners or shareholders can put your company and ownership rights at risk. Contact us at 305-874-0317 or send us an email to discuss your situation with our team.