Control of a company can create opportunities for abuse when the controlling owner benefits at everyone else’s expense. Majority ownership comes with significant power. A controlling shareholder may have substantial influence over who serves on the board, how the company is managed, whether distributions are made, and other important corporate decisions. But control does not […]
shareholder litigation
When Can a Shareholder Challenge a Decision Made by the Board?
The board has broad authority to run the company, but that authority has limits. Shareholders do not have the right to challenge every corporate decision simply because they disagree. Boards of directors generally have significant discretion to decide how a company operates, invests its resources, compensates executives, enters transactions, and pursues business opportunities. But that […]
Who Gets the Client Relationship? Partnership Disputes Over Customers and Business Opportunities
When business owners separate, client and customer relationships often become the most valuable asset in dispute. For many businesses, the most valuable assets are not equipment, office space, or inventory. They are the relationships, goodwill, and future business opportunities the company has spent years developing. When partners, members, shareholders, or co-owners decide to part ways, […]
What Can Your Business Do When a Service Provider Fails to Deliver What Was Promised?
Missing deadlines, poor craft, and broken promises can all become breach of contract claims. Whether your business hires a marketing agency to generate leads, a software developer to build a platform, a consultant to improve operations, a contractor to complete a project, or a vendor to provide critical services, you expect them to perform as […]
What Happens When a Business Partner Stops Pulling Their Weight?
Equal ownership does not always mean equal effort. Many businesses begin with partners who share a common vision and a commitment to building something together. Over time, however, those contributions can become uneven. One partner may continue working long hours, bringing in clients, and managing day-to-day operations, while the other contributes significantly less or stops […]
Can You Obtain Documents From Someone Who Is Not a Party to the Lawsuit?
Sometimes the most important evidence is not held by either side, but by someone else. When parties in a business dispute think about discovery, they often assume that they can obtain evidence from the other party. Some of the most valuable documents in a business lawsuit are often in the possession of third parties, […]
Why Discovery Often Determines Whether a Business Litigation Case Settles
Most business lawsuits do not settle because someone changes their mind. They settle because discovery changes the parties’ understanding of the case. One of the most common misconceptions about litigation is that settlement depends solely on the parties’ willingness to compromise. Meaningful settlement discussions often begin only after discovery has revealed the strengths and weaknesses […]
When Can You Refuse to Produce Documents in a Business Litigation Case?
Discovery is broad, but it is not unlimited. One of the biggest misconceptions about business litigation is that once a lawsuit is filed, every email, document, and communication becomes fair game. While New York’s discovery rules allow parties to obtain a wide range of relevant information, the law also recognizes that certain documents should remain […]