Florida Commercial Litigation Attorneys for Partnership Disputes
Disputes among partners can bring business to a standstill, and, in some cases, threaten the viability of the business in its entirety as a going concern. Resolving partnership disputes requires not only a thorough understanding of the law and a willingness to go to trial, but also the ability to negotiate effectively to restore trust and a long-term focus on mutually-beneficial and sustainable profitability.
If you are facing a partnership dispute in Florida, the commercial litigation attorneys can help protect your interests. We have decades of experience in complex partnership and shareholder disputes, and we know what is at stake when partners’ efforts divert from the building the business to asserting competing claims in court. While litigation is often necessary – and our attorneys do not hesitate to advance our clients’ interests at trial – when warranted, we focus our efforts on finding common ground so that partners can get back to business as usual. Oftentimes, we are able to bring partners back together even when saving the business seems hopeless at the outset of our representation.
Potential Claims in Partnership Litigation
Our attorneys represent parties on both sides of complex partnership disputes. Some of the most common types of issues we handle in partnership-related litigation include:
- Breach of Fiduciary Duty – Partners owe certain fiduciary duties to act in the best interests of the business. Breaches of these duties can have costly consequences and lead to contentious disputes.
- Conflicts of Interest and Non-Compete Violations – When business declines or relationships sour, partners may seek to pursue alternate ventures. These pursuits will often result in fiduciary breaches and violations of competitive restrictions in the partnership agreement.
- Disputes Regarding Financial Rights and Obligations – It should not come as a surprise that finances are at the heart of many partnership disputes. Disagreements regarding distributions and reinvestment of capital regularly lead to disputes and hotly-contested litigation.
- Disputes Regarding Governance, Management and Control – What made sense when a partnership was formed may not make sense further down the line, and the terms of a partnership agreement may not provide clear guidance for resolving certain partnership-related disputes. Battles for control and other governance-related issues are common in partnership litigation as well.
- Misappropriation of Partnership Assets – Partnership and individual partners’ assets should be carefully segregated, and the partnership’s books and records should clearly reflect the current status of the partnership’s accounts. Allegations of misappropriating partnership assets are regularly at issue in partnership disputes.
Partnership Dissolution and “Business Divorce”
While finding an amicable resolution is often the best option, sometimes, it is patently clear that the partners’ ties should come to an end. When negotiating a settlement that keeps the partnership together is not on the table, our attorneys assist clients in protecting their interests during dissolution of the business – a process commonly known as “business divorce.”
Contact Searcy Denney
If you are facing a partnership dispute and would like to discuss your options with an experienced attorney, contact Searcy Denney for a complimentary initial consultation. Call (800) 780-8607 to schedule an appointment at our offices in Tallahassee or West Palm Beach, or submit your information online and a member of our team will respond as soon as possible.