Archive for the ‘Partnership Disputes’ Category

The Most Common Reasons for Business Partnership Disputes

Wednesday, November 16th, 2022

What are the Most Common Reasons for Business Partnership Disputes?

Our MLG Business Litigation Group attorneys in Florida and California know that business owners spend countless hours preparing for the next day’s operations — even when they are in the middle of the current day’s workload.

This is one of the many reasons business owners have partners. It allows each of them to take on the portion of the business’s responsibilities that suits their skillset best, so together, they can accomplish more.

However, no matter which industry you are in, or how long you have been in business, if you are a member of an LLC or another partnership, disputes will occur.

Here are a few of the most common reasons why.

Breach of Partnership and/or Operating Agreement

When two or more parties create a formal partnership, they must also prepare the proper partnership documentation that governs the arrangement and provides enforceable terms for operating the business.

Without a solid partnership agreement in place, dispute resolution can come at a detrimental cost to everyone involved. When you establish an effective and legally binding partnership/operating agreement, it should include how disputes will be resolved, so you can place your personal differences aside and move forward with running the company without further interruption.

Breach of Fiduciary Duty

Each business partner has a fiduciary duty to act in good faith in the best interests of the business, by avoiding conflicts of interest. This means they should not act for the benefit of themselves or a third party.

Some of the most common ways fiduciary duty is breached may include, but are not limited to:

  • Gross Waste of Company Resources
  • Inappropriate Actions Leading to Business Losses
  • Misappropriation of Funds
  • Theft of Company Products for Personal Gain

Breaching fiduciary duty can lead to more than disputes, but — depending on the depth of the breach — a lawsuit or, worse, the dissolution of the business.

Failure to Define the Roles & Responsibilities of Each Partner

Entering a partnership should be solidified on more than a handshake. There should be a clear agreement — as mentioned above — that clearly outlines each partner’s roles and responsibilities.

When they are not clearly defined, confusion and inefficiencies will follow, making disputes inevitable.

Abandoning the Partnership

There are going to be multiple times throughout a business partnership when one or all involved may have a family or other personal emergency that requires them to step away from their duties and responsibilities. Some of these occasions can be planned for, while others take a serious toll on their abilities to effectively do their jobs.

These circumstances are very different from one party deciding to walk away from the partnership altogether. This, too, is very different from dissolving the partnership agreement.

This process depends greatly on the details of the partnership or operating agreement and can be legally explored with help from an experienced team of business litigation attorneys. We can help.

Call MLG Business Litigation Attorneys in Florida & California Today

If any of these scenarios has led to an interruption in your business, our experienced Partnership Disputes Attorneys Florida can review your agreement and determine if a lawsuit — or another resolution — is possible in your situation.

Contact our Florida Business Litigation attorney at MLG Business Litigation Group in California today at (786) 706-9228 to schedule a free initial consultation to learn more about our law firm while we learn more about your unique partnership dispute, so we can create the best legal solution for your circumstances.

Can We Settle a Partnership Dispute Without a Florida Partnership Agreement in Place?

Thursday, June 16th, 2022

Can We Settle a Partnership Dispute Without a Florida Partnership Agreement in Place?

Our MLG Business Litigation Group attorneys in Florida understand that it is practically impossible to be involved in a business partnership with another person — or multiple people — without having a difference of opinion.

When these differences escalate to the level of partnership disputes, businesses typically have dispute resolution clauses built into their partnership agreements. This allows each party to formally address the concerns and resolve the issue(s) in-house or through mediation, before taking legal action.

Unfortunately, not all partnerships formalize their agreements in writing. If this is true for your organization, there are several ways to settle your partnership disputes in Florida.

Gather All Supporting Evidence & Consider a Collaborative Solution

When individuals start a business together without a partnership agreement in place, things can become contentious when they disagree. Whether the dispute involves operations, finances, or leadership, each partner must present straightforward evidence that supports their argument.

This allows the other partner(s) to understand why he or she is taking this stance and the importance of getting on board. Conversely, if there is no evidence to support the argument, it may make more sense to go in the other direction.

Either way, before the dispute turns into litigation, business partners must remember they share an important mutual interest: The success of their company.

Collaboration is often the best approach during a partnership dispute and should be the first line of defense before taking further legal action. Not only will this save time and money, but it also allows the partners to maintain the respect and integrity they brought into the partnership.

If one or more parties are unwilling to compromise or listen to the other’s point of view, it may be time to seek professional help.

Get Professional Help to Resolve Your Partnership Dispute

If business partners cannot collaboratively agree to move on from a dispute, they can involve a third party to help reveal the best practices for moving forward.

Our skilled Florida partnership dispute attorneys help clients outline their positions, review the supporting documents, clarify key issues, and outline the next steps to protect their best interests.

If a resolution cannot be met, it may be time to involve a mediator to help guide the discussion.

Mediation allows the partners to maintain control of the decision-making process, before handing the details of their dispute over to the court during litigation.

Moving from Mediation to Litigation

If the partners exhaust all the previous options and still have not reached a resolution, litigation may be the only option. This is especially true if partners are attempting to force a buyout or take full control of the business.

If you are ready to discuss your Florida partnership dispute with an attorney, we can help you understand your legal options, so you can make informed decisions about the future of your company.

Call MLG Business Litigation Attorneys in Florida Today to Discuss Your Case

Contact our MLG Business Litigation Group partnership dispute attorneys in Florida today at (786) 706-9228 for a free case evaluation. We can help you understand your complete legal rights and options to get your business back on track.

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