Partnership & Founders Dispute Litigation

Partnership and founders’ disputes compromise financial security, personal reputations, strategic vision and long-term success. Our team understands that these disputes are emotionally wrought and incredibly high-stakes. We formulate case strategy based on our clients’ specific risks and goals, and the legal, financial and emotional dynamics at play.

We represent business founders, owners, partnerships and private equity and investment firms at all stages of a venture, from managing a growth stage, engaging in a merger, acquisition or liquidity event to preparing a succession plan and an exit. To meet our clients’ case-specific goals and protect their personal and business interests, our team is prepared to pursue quick out-of-court settlements or engage in aggressive litigation or arbitration.

Defending Clients from Formation to Exit

No matter when a dispute arises, from formation and early-stage clashes to growth-stage conflicts and later-stage exit disagreements, we step in wherever and whenever needed. Our attorneys have successfully handled disputes across sectors, from healthcare and pharmaceuticals to finance, manufacturing, professional services and retail. We have favorably resolved:

Financial Disputes

• Profit distribution conflicts
• Misuse or conversion of company assets
• Capital contribution disagreements
• Allegations of corporate waste or unjust enrichment
• Disputes around M&A, financings, recapitalizations or secondary sales
• Buyout disagreements and shareholder loan enforcement

Strategic and Management Disputes

• Vision, product direction, expansion goals disagreements and strategic impasses
• Disputes regarding work allocation and authority
• Bad-faith or underperforming partner oustings
• Shareholder activism and board-level disputes
• Board seat removals and indemnification disputes

Contractual and Equity-Based Disputes

• Ownership rights and shareholder disputes
• Employment, equity grant, vesting, buyout and separation agreements
• Secondary sales, valuation fights, equity reallocations and stock restriction disputes
• IP ownership, licensing and rights assignments
• Breach of contract, restrictive covenants and confidentiality agreements (noncompete, nonsolicit and nondisclosure agreements)
• Contract enforceability and damages claims

Legal Violations and Fiduciary Claims

• Breach of fiduciary duty
• Fraud and misrepresentation
• Corporate waste, fraud and unjust enrichment
• Trade secrets theft and misappropriation of confidential information

Business Terminations/Ownership Transition/Succession Disputes

• Business divorces/dissolutions
• Winding down
• Interests sales
• Leadership transitions

Our team is also experienced in navigating internal investigations, handling crisis communications and providing real-time counsel to boards, executives and investors facing conflicts.

Whether contemplating or facing the threat of litigation, responding to a dispute or preparing to exit a business, we provide the clarity, confidence and legal skills to help you gain the upper hand and control the situation.

Our Work in Action – Representative Examples

• Lead counsel for a hedge fund founder in a confidential partnership dispute concerning management rights.
• Lead counsel to the trustee of a large family office in connection with confidential management and valuation disputes concerning a multi-billion dollar real estate portfolio.
• Counsel to Carbon Direct Capital Management in connection with its claims against LanzaTech Global concerning a convertible note and shareholder vote.
• Lead counsel to the defendants, Gather Holdings and its principal, Sam Borgese, in connection with claims for breach of an eight-figure bad boy guaranty. Obtained dismissal with prejudice.
• Lead counsel to the defendants in a shareholder derivative lawsuit alleging breaches of fiduciary duties.