The Help You Need To Move Through An Impasse
While no corporation operates without challenges and obstacles, there are some disputes that can stall forward progress and affect profits. When disagreements between shareholders, managing members or partners are serious and cannot be easily remedied, enlist the help of a legal professional to avoid lasting damage to the relationship and the business.
Skillful Assistance With A Variety Of Issues
Working with an experienced legal professional can ensure that matters are handled with the care and wisdom they require to be effectively resolved. At Saavedra-Goodwin, our team can assist with issues such as when a stakeholder:
- Self-deals to advance their own personal position or interest
- Seeks individual profit or gain over corporate profit
- Misuses conversion, perpetrates corporate theft, or misallocates corporate finances and assets
Shareholders and partners have a duty to act in a manner that serves the company. When they fail to do this, issues arise that can damage a business.
Types Of Issues We Work To Resolve
With our broad-based experience and understanding of corporate operations, we can help with a variety of situations that prevent forward movement, including:
Breach of fiduciary duty: When one member acts in their own financial interest, not in the interest of the corporation, and this causes harm.
Breach of contract: When a stakeholder fails to follow through on guarantees or promises.
Shareholder oppression: When the decisions of majority stakeholders use their power to put minority stakeholders at a disadvantage, disregarding the fiduciary duty that is owed to those stakeholders.
Deadlock: When a unanimous decision cannot be reached, or two opposing votes or views cannot be reconciled.
Derivative and direct suits: A suit brought by a shareholder when the corporation has a legitimate claim, but the board does not act (derivative). A suit brought against the corporation by a shareholder (direct).
Defense Of Directors And Officers
Often, in the operation of a business, the officers have to make decisions that may prove unpopular with consumers, employees or even other officers. We take on the legal challenges these decision-makers face so they can focus on operating a successful company.
Our team fights to preserve the businesses’ reputation and profits in the face of any challenge.
B2B Contract Disputes Resolved
Whether you’re a vendor or a contracting business, your profits and future are at the mercy of intricate contractual language. However, the issue with contract disputes with a business partner is that you may both need to preserve the ongoing relationship.
Our firm has experience in both litigation and ADR solutions. We can help guide you through the challenging problems.
Answering Claims Of Deceptive And Unfair Trade Practices
Businesses rely on a thriving marketplace for profit and advancing their businesses. Unfair or deceptive tactics can raise two risks: one it can interfere with your business’s priorities. Two, your business can face such allegations.
In either of these scenarios, we can help you. Our understanding of the financial side of your business in Florida means we can act with confidence on your behalf.
Frequently Asked Questions About Partnership And Shareholder Disputes
Here are some of the questions we hear from our clients most frequently about these kinds of issues:
A shareholder dispute is a disagreement that arises between shareholders of a company or members of an LLC. These disputes may stem from various factors such as:
- Differences in vision or objectives
- Breach of fiduciary duty
- Executive compensation disagreements
- Major decision conflicts
- Dividend distribution issues
- Share valuation disputes
Shareholder disputes are largely focused on essential aspects of business operations. Such disputes need to be resolved swiftly to protect the business environment and the company’s stability.
There are several pointers that a business partner may not be honest. Some red flags include:
- Failing to fulfill commitments or obligations
- Showing signs of extravagant lifestyle inconsistent with business performance
- Having a history of legal or ethical violations
- Refusing to involve third-party professionals or advisors
- Making unrealistic promises or guarantees
- Demonstrating a lack of accountability for actions or decisions
- Exhibiting a pattern of evasiveness or defensiveness when questioned
- Sudden changes in behavior or attitude without explanation
- Engaging in secretive communication or activities with competitors or outsiders
It is important to address concerns about a business partner right away.
There are various ways to solve Fort Lauderdale partnership disputes, depending upon the specific circumstances. These include:
- Open communication and negotiation between partners or LLC members
- Mediation with a neutral third party to facilitate discussions
- Arbitration by a third party neutral to obtain a binding decision
- Seeking legal counsel to resolve disputes through commercial litigation
- Utilizing alternative dispute resolution methods such as collaborative law or negotiation through attorneys
- Dissolving the partnership amicably if differences cannot be reconciled
At Saavedra-Goodwin, our attorneys know how to use the right method for a particular situation, ensuring that business owner disputes are resolved effectively and efficiently. We take every case with a unique approach, carefully analyzing the intricacies of each dispute to devise strategies that prioritize our clients’ interests and objectives.
Get The Skilled Guidance Your Business Needs To Move Forward
At Saavedra-Goodwin, we do more than just resolve partner and shareholder disputes. We work with you to ensure that your company has the tools it needs to move through a sticky situation and onto a mutually beneficial path. An outside force is often what it takes to build the bridge that leads to success. Call (954) 767-6333 to speak to a member of our team about how we can help. Or, reach out via confidential firm email, and we will be in touch.
Damaso Saavedra
Mr. Saavedra is the managing partner of the firm, which he established in 1988. Born in Havana, Cuba, Mr. Saavedra is fluent in English and Spanish. He received his B.A. in 1979 from the University of Connecticut and his J.D. in 1986 from the George Washington National Law Center. Mr. Saavedra has served as Secretary and Director for the Inter-American Businessmen Association and co-authored “An Introduction to the Settlement of Unresolved Property Claims against the Cuban Government.” Mr. Saavedra also served as Staff Assistant for Congressman William Lehman in Washington, D.C. [ ATTORNEY BIO ]
Saavedra-Goodwin has been my family attorney for over 35 years. They have been personable, knowledgeable, ethical and balanced with any legal advice. I would enthusiastically recommend them for legal work from real estate to family law.. - J. Pasalodos
I have worked with this law firm for 17 years on several business matters. They have a great team of attorneys and a fantastic support staff. I always felt secure with this firm handling my legal needs. They never missed a beat. I won't use any other firm for my legal needs in south Florida. - D. Mitchell
My experience with the team at Saavedra-Goodwin was outstanding. They handled our situation with the utmost professionalism and care. Their proactive approach saved me time and money. I highly recommend Saavedra-Goodwin to anyone seeking legal services in family and estate planning matters. - L. Reda
When you entrust your assets to a fiduciary, you expect them to manage these resources responsibly. However, situations arise where you might find that the fiduciary is not meeting their obligations. Mismanagement of funds can lead to significant financial losses and breaches of trust within a corporation or a family. If you suspect mismanagement or self-dealing, you might wonder whether legal action against the fiduciary is a viable option. Unde[...]
