One of the central purposes of discovery is to allow each side to obtain evidence relevant to its claims and defenses. In today’s business environment, that evidence extends far beyond paper files and filing cabinets.
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What Is Discovery in a Business Lawsuit?
The courtroom is not where most business lawsuits are won. They are won during discovery. When most people think about litigation, they picture attorneys questioning witnesses before a judge or jury. In reality, the outcome of many business disputes is shaped long before trial. One of the most important phases of any lawsuit is discovery, […]
Should You Sue or Negotiate? Choosing the Right Strategy in a Shareholder Dispute
In a shareholder dispute, the right question is not just whether you can sue. It is whether litigation, negotiation, mediation, or another strategy best protects your rights, your leverage, and the value of the business.
What Is a Shareholder Derivative Action?
Sometimes the company is the one that has been harmed, but the people in control refuse to act. When corporate assets are misused, fiduciary duties are breached, or directors engage in self-dealing, the injured party is often the corporation itself. But if the individuals responsible for deciding whether to bring a lawsuit are the very […]
When Can a Shareholder Inspect the Company’s Books and Records?
If you own a stake in a company, are you entitled to see its financial records? In many situations, the answer is yes, but not without limits. Access to a corporation’s books and records is one of the most important rights available to shareholders. Financial statements, tax returns, corporate minutes, shareholder ledgers, and other records […]
Can a Majority Shareholder Freeze Out a Minority Owner?
Owning 49% of a business should not mean having no voice. Yet in closely held companies, minority owners sometimes find themselves excluded from the very business they helped build. They may lose their role in management, stop receiving meaningful financial information, be denied distributions, or find that major decisions are being made without their input. […]
Boardroom Deadlock: When the Business Cannot Move Forward
Sometimes the greatest threat to a business is not competition, but paralysis. Healthy businesses depend on timely decision-making. Boards of directors approve major transactions, authorize financing, adopt strategic initiatives, appoint officers, oversee management, and guide the corporation’s affairs. When those decisions can no longer be made because the individuals responsible for governing the business are […]
Can You Sue a Corporate Board Director Personally?
Corporate board directors are protected, but they are not immune. Serving on a corporation’s board of directors carries significant authority and equally significant legal responsibility.