At one point or another it’s bound to happen. You’ll disagree with your partner (or partners). [Don’t have a partner? Well you will probably want to get one. Most accelerators generally “select against” solo founder startups. ]
Disagreements, however, are actually an integral part of business development. Conflict reveals new perspectives, facilitates create problem solving and ultimately drives business growth. But there’s a point at which healthy disagreements shift to bitter acrimony. This shift may be borne out of miscommunication, misunderstood expectations, or feelings of inequity over the time and effort invested in a business venture. What was considered an “equal partnership” at the start is seldom viewed as such over time – particularly in the minds of opposing partners. Without proper conflict resolution, these issues can become toxic and even result in a company’s collapse.
At Carbon Law Group, however, we seek to avoid lengthy, expensive litigation—a situation in which everyone loses. Instead, we take a “rehabilitative approach” to dispute resolution. The business world is income and profit driven. Nevertheless, companies are comprised of human beings, with very human problems. Carbon Law Group has helped countless companies find efficient resolutions to dispute that might have resulted in long and expensive litigation. Mindful of the position of all parties involved, we pursue solutions borne out of genuine compromise.
It’s happened to everyone. You sign an agreement without reading it as closely as you should, or fully understanding the duties to which the contract obligates you. Regardless of what side of a contract dispute you’re on, we can help. We’ll enforce your rights when an opposing party is in breach. And defend your position when you’re the one alleged to be in breach.
In legal matters, facts are indisputable. But the application of the law is variable. Outcomes often don’t represent truth or fairness. Considering the time and expense involved in litigation, it doesn’t make sense to pursue a dispute unless you’re relatively certain you can win. Carbon Law Group can help you assess the probability of prevailing in your case, and make an informed, confident decision on how to proceed.
Though usually arising from disputes between partners in a firm, breach of fiduciary duty follows a pattern similar to breach of contract. Miscommunication and misunderstood expectations result in disagreements between business partners. The Carbon Law Group approach to resolving these conflicts is bringing together the various stakeholders, and allowing them to air their concerns in an effort to uncover the root of their discord. We employ this process to bridge the gaps in communication and understanding, leading both sides toward an amicable resolution that eliminates the need for litigation.
At a certain point in the life of your business, a partner may part ways with your company. Personal reasons, new opportunities, termination, retirement or even death are all potential reasons for their departure. A departing partner’s interest, or shares if that’s how you have structured your company, must be bought out. Is there a right of first refusal? Can the shares be sold to anyone? How should the purchases be funded? What are the tax liabilities? These, and many more questions, arise in buyout situations.
Buyouts are a complex process that must be handled delicately. And Carbon Law Group can help. We will assess your situation, present all possible options, and explain the pros and cons of each. Once you settle on a course of action, we’ll guide you through the process. We’ll help you structure an agreement that protects your company’s financial interests, while addressing the departing partner’s needs, and minimize tax liabilities for all involved.
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