Jaburg Wilk

Business Divorce

Business Divorce Attorneys


Phoneix business divorce lawyers Most businesses start with intentions of being successful and not having strife with their business partners. Similar to thBusiness Divorce Attorneys
Most businesses start with intentions of being successful and not having strife with their business partners. Similar to the beginning of a romantic relationship, a newly formed business may forge ahead ignoring signs, and possibly even red flags, that the relationship may not last. Not wanting to dampen the energy created by the new venture, they may ignore shareholder agreements and operating agreements and instead open their doors for business. However, many business ventures either fail to live up to their potential or experience operational, financial or philosophical challenges.

Careful planning and documentation can help mitigate or lessen business disputes. At a minimum, the business operating or shareholder agreement should speak to the controlling ownership - capital, distributions, adding additional members or shareholders. Equal ownership is problematic. Customer relationships and key employees are central to the success of the business and can be contemplated in restrictive covenants. And while no one ever wants to contemplate the end, at the beginning of a relationship, a buy-sell agreement is needed.

Business owners may find themselves faced with an increasingly strained business environment if the owners differ on operational, strategic and financial direction. Carefully crafted agreements can provide guidance and direction for the business owners. In their absence, the company's operations may be strained enough that the only option left is a "business divorce". While the business owners may be fraught with as much emotion as a matrimonial divorce, assistance from experienced legal counsel who have guided companies through corporate divorce or business breakups is vital.

How We Can Help


business partner divorce and dispute resolution

Our business attorneys have extensive experience assisting Arizona businesses with their business divorce ranging from structuring buy-sell agreements to removal of a partner from negotiating a viable settlement to litigating claims. They also understand the emotions, the desire to emerge with a vibrant company and the need to maintain cohesive relationships with both customers and key employees. Our goal when assisting a company through this type of situation is to allow the owners to focus on their business and its operations while we concentrate on the legal solution.

Like the beginning of a romantic relationship, a newly formed business may forge ahead ignoring signs, and possibly even red flags, that the relationship may not last. Not wanting to dampen the energy created by the new venture, they may ignore shareholder agreements and operating agreements and instead open their doors for business. However, many business ventures either fail to live up to their potential or experience operational, financial or philosophical challenges.

Careful planning and documentation can help mitigate or lessen business disputes. At a minimum, the business operating or shareholder agreement should speak to the controlling ownership - capital, distributions, adding additional members or shareholders. Equal ownership is problematic. Customer relationships and key employees are central to the success of the business and can be contemplated in restrictive covenants. And while no one ever wants to contemplate the end, at the beginning of a relationship, a buy-sell agreement is needed.

Business owners may find themselves faced with an increasingly strained business environment if the owners differ on operational, strategic and financial direction. Carefully crafted agreements can provide guidance and direction for the business owners. In their absence, the company's operations may be strained enough that the only option left is a "business divorce". While the business owners may be fraught with as much emotion as a matrimonial divorce, assistance from experienced legal counsel who have guided companies through corporate divorce or business breakups is vital.

Our business attorneys have extensive experience assisting Arizona businesses with their business divorce ranging from structuring buy-sell agreements to removal of a partner from negotiating a viable settlement to litigating claims. They also understand the emotions, the desire to emerge with a vibrant company and the need to maintain cohesive relationships with both customers and key employees. Our goal when assisting a company through this type of situation is to allow the owners to focus on their business and its operations while we concentrate on the legal solution.

Resources


Free resources for business disputes

We have tools to assist business owners - from start-up to succession planning.  New business owners or contemplating opening a business in the future?  Jaburg Wilk's easy to use  New Business Checklist is a valuable resource guide toward creating a successful business and, if there is a partnership,  a "business marriage".   Existing Business Owner Checklist is a great resource to review and evaluate business structure as well as to take steps to keep business partnerships healthy.

Contact our Business Divorce Team


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