The value of a business can be a focal point for disputes within a closely held business. Many corporate agreements, such as Shareholder Agreements, Operating Agreements or Partnership Agreements, establish values for ownership interests held by the owners. However, these provisions often require updating and adjusting by the members. Unfortunately, the demands associated with running a business frequently leave owners with little time to administer these agreements and update them. As a result, when an owner leaves a business, is separated from the business or dies, the value of an interest can be uncertain. Worse still, many smaller businesses have no agreements governing the relationships among the members. When one of the owners is separated or dies, the valuation of that owner’s interest can become a point of contention.
We always look first to resolve these disputes amicably. We encourage our clients to take the prospect of litigation seriously. Our goal is to achieve the best financial outcome for our clients, and in many instances an early resolution will yield a better financial return in a litigated dispute. However, in those instances where an opposing party is unreasonable and resolution is
unattainable, we have the skill and experience to file complaints, seek injunctions and compel accountings from our Courts. You can be sure that the advice received by clients from our firm is given with an intent to achieve the best possible financial outcome for the client, not our firm.
If you or your firm is facing a potential evaluation dispute, we encourage you to contact us.