phone414-271-2424

Milwaukee Partnership and Shareholder Dispute Attorneys

Lawyers Resolving Partnership and Shareholder Conflicts in Milwaukee, WI

Partnership and shareholder disputes can significantly disrupt the operations of a business. They can strain relationships and lead to financial losses. These disputes often involve complex legal issues, and they require careful navigation to achieve a resolution that protects the interests of all parties involved. Mallery s.c. is dedicated to helping businesses in Milwaukee effectively manage and resolve partnership and shareholder disputes. With our experience in business litigation, we can help determine the best approach to take to resolve these issues effectively.

Common Issues Leading to Partnership Disputes

Partnership disputes can arise from a variety of issues, including:

  • Capital contributions: Partners may disagree on the amount of money or assets they should each contribute to the business. This can lead to accusations of inequity and claims of financial misconduct.
  • Interpretations of partnership agreements: Legal agreements are essential to define the terms of a partnership. However, differing interpretations of these agreements can lead to significant disputes. Issues may include the scope of each partner's authority, decision-making processes, and the division of responsibilities.
  • Ownership rights: Disagreements over each partner's percentage of ownership in a company can occur if there is a lack of clarity in a partnership agreement. Partners may dispute the percentage of ownership each holds, especially if the contributions or roles within the business have changed over time.
  • Distribution of profits: Disputes may arise if partners feel that the profit distribution is unfair or not in accordance with the partnership agreement.
  • Terms of loans:Loans taken by a partnership, whether from external lenders or from partners themselves, can be a source of dispute. Partners may disagree on the terms of repayment, interest rates, or the impact of the loan on the partnership's finances.
  • Disagreements over company direction: Strategic decisions about issues such as expansion plans, marketing strategies, or operational changes can lead to disputes. Partners may have different visions for the future of the business, leading to conflicts that will need to be resolved.
  • Conflicts of interest: In some situations, a partner's personal interests may conflict with the interests of the partnership. This can include engaging in competing businesses, benefiting personally from partnership opportunities, or failing to disclose relevant information.
  • Breach of fiduciary duty: Partners have legal obligations to each other, including duties of loyalty, care, and good faith. Breaches of these duties, such as self-dealing or misappropriation of partnership assets, can result in severe disputes and legal action.

Shareholder Disputes and Shareholder Oppression

Shareholder disputes often involve issues similar to partnership disputes, but they can also include additional complexities, particularly in larger corporations with multiple shareholders. These disputes may involve accusations of shareholder oppression, which occurs when majority shareholders take actions that unfairly prejudice minority shareholders. This can include denying access to financial records, excluding minority shareholders from decision-making processes, or implementing policies that disproportionately benefit majority shareholders.

Resolving Partnership and Shareholder Disputes

Resolving partnership and shareholder disputes requires a strategic and often multifaceted approach. Methods that may be used to resolve these disputes include:

  • Negotiation: This is often the first step in resolving disputes. It involves direct discussions between the parties, attempting to reach a mutually acceptable resolution. Successful negotiation can preserve business relationships and avoid the need for more formal dispute resolution methods.
  • Mediation: A neutral third party may facilitate discussions between the disputing parties to help them reach a resolution. Mediation is a confidential and voluntary process that can lead to a binding or non-binding agreement, depending on the parties' preferences.
  • Arbitration: In this more formal process, a neutral arbitrator will hear evidence and arguments from both sides before making a binding decision. Arbitration can be faster and less expensive than court litigation, but it typically results in a final decision that is difficult to appeal.
  • Litigation: When other methods fail, the parties may take their dispute to court, where a judge or jury will make a legally binding decision. Litigation can be time-consuming and costly, but it is sometimes the only way to resolve deeply entrenched disputes.

Contact Our Milwaukee Shareholder and Partnership Dispute Attorneys

At Mallery s.c., our lawyers have extensive experience working with business owners, partners, and shareholders to address and resolve complex business disputes. We are dedicated to protecting our clients' interests, and we work to resolve disputes efficiently and effectively. Reach out to our firm today at 414-271-2424 to set up an appointment where you can discuss how we can help resolve business disputes and protect your company from future conflicts.

News

Jacqueline Hrovat Interviewed By The State Bar Of Wisconsin For Inside Track

Blog

What is Liability Insurance?

Posted Sep 18, 2024

By Attorney Samantha S. Bailey Email: sbailey@mallerysc.com Phone: 414-727-6294 Liability Insurance is your protection against monetary amounts you could owe as a result of a judgment against you in civil litigation. Another word......Read More

How Does Wisconsin Handle The Partition Of Real Estate?

Posted Jul 08, 2024

By  Stephen L. Lovell Email:   slovell@mallerysc.com Phone:   414-727-6297 There are often occasions when one may share ownership of real estate with another person.   Many times, that business or personal relationship will run its......Read More

The Corporate Transparency Act

Posted Jul 08, 2024

The Corporate Transparency Act (“CTA”), enacted in 2021, goes into effect on January 1, 2024. The CTA was enacted to combat illicit activity, such as tax fraud, money laundering and......Read More

Back to Top