Harvey & Binnall is a boutique Alexandria litigation law firm that focuses on resolving corporate shareholders, partnership and business disputes in the Virginia-Maryland-DC areas. Our goal in every case is to put our client in the best possible position, weighing the costs of our strategies against potential outcomes. We also prepare each case as though going to trial. Through this approach, we increase our negotiating position and are ready to litigate should litigation prove to be the best course of action for our clients.
Shareholders Lawsuits and Derivative Claims
Shareholders are the owners of the business, but are usually not involved in day-to-day operations and may have limited voting rights, if any, on stock offerings, sales, mergers and acquisitions. Shareholders do have standing to challenge decisions that devalue their interests in the company.
Shareholders may also bring a derivative lawsuit on behalf of the corporation against a third party if management fails to initiate a viable claim. Derivative lawsuits involve complicated issues as to the shareholders’ standing, scope of the claim and procedures for bringing the claim.
We represent stockholders in derivative and direct claims. We can also defend against appraisal arbitrages when brought by activist investors and hedge funds to force settlement on their frivolous undervaluation claims.
Dissolution of Partnership
A partnership or LLC is like a marriage, with the partners or members sharing their profits, owning assets together and accepting debts and liabilities borne by the partnership. When the partnership splits up, these matters need to be equitably handled.
Partners generally see eye to eye at the formation stage and are better equipped at this stage to address dissolution of the partnership or the withdrawal or death of a partner. Through our many years of experience litigating partnership disputes, we are privy to the types of issues that arise. Our lawyers help clients take preemptive steps to avoid problems by negotiating and drafting comprehensive terms regarding buyout, succession, dissolution and allocation of debts and assets in the partnership agreement. We find that well-drafted, clear contractual terms spare the expense and time of engaging in a drawn-out dissolution proceeding and often preserve an amicable business relationship.
Unfortunately, partners at the formation stage do not always plan ahead to a day when they may disagree or want to dissolve the arrangement. Our firm regularly litigates contentious partnership disputes and dissolutions. Depending upon our client’s circumstances and objectives, we may recommend mediation to reach equitable terms of dissolution and distribution of assets and debts. However, we are prepared to take a claim to arbitration or trial should it be in our client’s best interest to do so.
An Alexandria Corporate Litigation Attorney Can Explain Your Options
Both shareholders and partners can find themselves embroiled in complex, high stakes corporate disputes. An Alexandria corporate litigation attorney at Harvey & Binnall, PLLC can help you understand the available options for resolving your dispute.