Shareholder and member disputes, sometimes called "business divorces," can be especially tricky, as they involve disputes between parties that were often once friends, over amounts that are not insubstantial.
More often than not, the assets in dispute involve ownership of various forms of intellectual property, whether customer lists, customer accounts, confidential information and trade secrets, patents, trademarks or copyrights. Unfortunately, not every business has a clear operating agreement, and thus there are a number of "gaps" that have to be filled in by the court. Also, it often occurs that there are claims of breach of fiduciary duty, derivative actions are filed, and special masters must be appointed. All the while, emotions run high, as the sense of betrayal -- on both sides - is a real concern.
Because of these dynamics, it is easy to spend so much time and effort in the fight that there may be nothing left to fight over.
Jim has litigated shareholder and member disputes, and knows firsthand of the benefits of mediated settlements that allow the parties to go their separate ways while preserving as much of the company’s assets as possible.
Put his experience to work for your client as the mediator in your Florida shareholder dispute mediation
MATULIS mediation | arbitration
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