Business Divorce & Disputes

Business partners can have disagreements, which, if not resolved, may lead them to a business divorce or separation of their mutual business interests. Tiffany & Bosco’s business dispute lawyers are well equipped to assist clients from the inception of disagreements, through negotiation, and if necessary, through corporate severance. If negotiation is unsuccessful, we will vigorously litigate until the business divorce is complete.

What is Business Divorce?

Business divorce encompasses:

  • Claims of director liability and officer liability (D&O liability)
  • Manager liability in limited liability companies (LLC’s)
  • Shareholder disputes and shareholder litigation
  • Owner disputes or owner disagreements that cannot be resolved

 

Arizona laws covering topics such as statutory standards of conduct for officers and directors, shareholder derivative actions, indemnification, corporate dissolution or buy out, and conflict of interest transactions are typically involved.

Management’s fiduciary duties are present in every case, including their duty of care and duty of loyalty. Common abuses of duties include misappropriation or using corporate assets for their personal gain, and when a person or faction takes advantage of another person (oppression of shareholders or partners) or faction within the company.

Other claims handled by business dispute attorneys are interference with contracts or future business expectancy, unfair competition, employment claims and some type of breach of contract claim. A unique defense to these claims is the business judgment rule, which operates to give managers of the company some protection if the manager acted with good and reasonable business judgment when facing corporate or even individual claims of liability.

Whether called corporate divorce, corporate severance, company breakup, business breakup or company divorce it all still means business divorce in Arizona.

 

Tiffany & Bosco’s Business Divorce Group

Our Business Divorce Group handles business divorce, corporate severance and related corporate disputes and litigation. Our team of attorneys, associates and paralegals are available to:

  • Assist business partners in their dissolution
  • Mediate a resolution of differences between business partners
  • Litigation utilizing unique procedural devices and substantive laws to end the dispute
  • Provide expert witness services

 

If you need a business dispute attorney or have questions about the business divorce process, call Tiffany & Bosco to schedule a consultation.

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