The break up of a business partnership can be a very stressful and costly process. Whether because of deteriorated personal relationships, financial strains, an aging partner who is seeking an exit strategy, a junior partner wanting to elevate his/her position or a poorly-crafted business model, disputes may escalate to a level where the parties' differences are (or at least initially appear to be) irreconcilable.
There are no cookie-cutter solutions to these complex situations. Each business and every business relationship is unique, shaped by a wide variety of factors, including the personal attributes, emotional issues, and the talents, contributions and characteristics of the individuals involved.
With many years of experience counseling business owners at every stage of the business lifecycle and litigating business disputes, Flaster Greenberg's attorneys are uniquely positioned to help address and resolve a myriad of legal issues faced by our clients in the context of a business separation. Working together with our clients, our priorities are:
- Achieving a favorable economic result
- Preservation of the business and its assets
- Minimizing the adverse impact of a breakup on the business
- Avoiding litigation
To these ends, our team works together to creatively structure the best solution for our clients, bringing objectivity and sensitivity to what is often an intensely emotional process.
Keeping the best interests of our clients in mind, our team of business transaction attorneys works to facilitate an arrangement among the parties that best satisfies our clients' present and future personal and business goals. The advantage for our clients is that our team of attorneys has deep experience in all areas of the law relevant in business divorce matters, including
- Mergers, acquisitions, divestitures and business valuations
- Corporate governance
- Shareholder, partnership, operating and joint venture agreements
- Financings and other loan matters
- Tax implications
- Bankruptcy and restructuring matters
Options and Alternatives
Our attorneys are keenly aware of the significant cost of litigation, both financially to the individuals involved, as well as the adverse impact on an operating business. They propose creative alternatives, while involving litigators to best position in the event litigation becomes unavoidable. The legitimate threat of litigation through involving an experience litigator early in the process has been proven to facilitate the settlement process. Mediation and arbitration are often pursued if all parties are open to working toward an amicable resolution.
We craft settlements that have involved dissolution of the business, buy-out of the business by one or more of the partners or shareholders, sale of the business and restructuring the company or parties roles, among other possibilities.