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Partnership Dispute FAQ's

Business Partnership Litigation vs Negotiated Settlement - Which is More Cost Effective?

This question doesn't always have the same answer but in the majority of situations it is safe to say that it is more cost effective during a business partnership dispute, especially if the dispute is serious, to choose litigation over negotiating a settlement.

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How Do I Tell if My Business Partner is Stealing from Me?

A common trigger for partnership and shareholder disputes relates to one partner stealing from the other.

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Should my shareholder and partnership lawyer hire a Forensic Accountant during my partnership dispute?

Most likely yes.

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What is a key factor in avoiding trial if I have a Partnership Dispute?

An aggressive litigation strategy that is focused on…

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What is an early warning sign that a partnership or shareholder dispute is approaching?

Your partner is denying you access to the books and records.

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Can I file a lawsuit in a court even if my shareholder agreement contains an arbitration provision?

Yes. Many arbitration provisions are not drafted properly.

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What is Minority Shareholder Oppression in New Jersey?

Minority shareholder oppression, in the State of New Jersey, refers to actions by a controlling shareholder / partner that are taken to undermine or nullify the benefits and rights of a minority / non-controlling partner.

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What is A New Jersey "Close Company" or "Closely-Held Corporation"?

The term "Close Company" or "Closely-Held Corporation" refers to a New Jersey corporation or limited liability company that, typically…

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Can I force a partner out of my New York business?

Yes. However the next question becomes should you and for what purpose are you seeking to force out a partner.

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Can I force out a shareholder out of my New Jersey corporation?

Yes. But you need to first carefully evaluate the governing corporate documents - such as a shareholder agreement, if one exists - and carefully scrutinize the methods and legal claim by which you are seeking to force out a shareholder.

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What do I do when my business partner wants to buy my 50% interest in my New Jersey business?

In small closely held New Jersey businesses, buyout offers between partners and shareholders are quite common.

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What do I do when my business partner wants to buy out my ownership and stock in my New York Business?

First, you evaluate whether or not the "buy-out" offer is a legitimate offer made in good faith or if the "offer" is, essentially, part of an implied threat by your business partner where he or she is, basically, telling you that you either sell your stock to me or I will shut down the business or force you out.

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Can I Dissolve My New York Business?

Yes. But you need to first evaluate your legal rights and obligations.

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What may be involved in the partnership dissolution process?

A partnership dissolution may involve many steps depending on whether the dissolution is mutual, due to bankruptcy, or a partnership dispute.

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What is the Proper Way to Dissolve a Partnership in New York?

In the State of New York the dissolution of a partnership and even of a closely held company or limited liability company requires an assessment of…

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What is a Partnership Dissolution?

A partnership dissolution relates to a wind-down of a business relationship between two or more partners.

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What Property Rights do Business Partner in New York Possess?

If you are an owner or investor in a New York business then your rights will depend on how your "business" assets are owner.

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My business partners and I are not seeing eye to eye. Do I need to litigate to dissolve the corporation?

If you own a business in New York, and you are not getting along with your business partners, you don't necessarily need to litigate to dissolve your corporation.

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