Partnership Disputes, Shareholder And Business Litigation

  • Represented 50% owner/co-founder in shareholder litigation for a technology company whose remaining 50% partner misappropriated its primary line of patented/proprietary technologies for his own competitive use. Litigation resulted in a temporary restraining order/injunction, a permanent injunction preventing misappropriation by co-founder, together with a lock out order preventing former co-founder from entering the premises and a turnover order requiring delivery of all proprietary information/assets. The target defendant resigned from all positions held with the company and transferred all of shares in the company to our client and the enterprise was eventually sold by our client for several million dollars.
  • Represented 50% owner/co-founder of a financial services/technology company in a shareholder litigation arising from his co-founder/50% owner’s misappropriation of the company’s principal intellectual property. Omnibus injunctive relief was granted, lockout and turnover orders were granted and the misappropriating partner ultimately resigned from his employment, resigned from all corporate positions held with the company and transferred all of his shares in the company to our client, which company became a major player in the financial services industry.
  • Represented limited partner in 25-year-old commercial real estate partnership, whose general partner misappropriated millions of dollars in cash and related assets. As lead counsel in a multi-plaintiff litigation, appropriate injunctive relief was obtained, preventing risk of further misappropriation and prevented the destruction of partnership records; the court granted our motion for appointment of a receiver who seized formal control of all partnership assets and managed the partnership throughout the litigation. Our forensic accounting proved misappropriation of cash in excess of $30 million and the dispute was ultimately resolved through mediation. Settlement resulted in a multimillion-dollar swing in favor of our client and co-plaintiffs, together with the buyout of adverse interests in the partnership.
  • Represented shareholders in a corporation involved in the bottled water industry; the litigation involved claims of being frozen out as a shareholder and mismanagement by the then-current board of directors, etc.; our client/shareholder ultimately obtained a very buyout.
  • Represented seller of a very successful business, which obtained a partial down payment for the business’ purchase price and carried back a promissory note, secured by corporate stock in connection with the purchase transaction. The buyer ultimately reneged on its payment/purchase obligations, litigation was commenced, resulting in foreclosure on the stock/security interests, and obtained a writ of possession seizing the premises and all inventory in connection therewith. Our client ultimately regained exclusive control/ownership of the business and its assets and resold same at a profit.