Resolving Shareholder Disputes (Series: COMPLEX FINANCIAL LITIGATION FOR THE NON - EXPERT)
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Shareholder disputes happen for various reasons and all are counterproductive to the goals of the company. Disputes are often difficult, complex, and expensive to resolve. Whether it be due to personal, financial or operational disagreements, shareholder disputes can destroy a business. In some cases, shareholder agreements and by-laws do not provide helpful resolutions. This episode discusses common shareholder disputes, such as breach of duty, shareholder oppression, non-competes, shareholder departure (voluntary or involuntary), and power struggles due to death of a majority shareholder. We also examine common legal remedies, the collaborative process, and dissolution. Additionally, provisions of a buy-sell agreements are discussed, including defining shareholders' roles and responsibilities, selling and buying shares, the method for valuing shares, and alternative dispute resolution language.
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