Business Issues, Disputes and Litigation

Small business has always been the backbone of the United State economy. People start businesses with a handshake and a mutual trust that sometimes, unfortunately, fails to work out and results in lawsuits. A lawsuit filed by a third-party or between partners sometimes results in what appears to be a slow-moving accident that results in the crippling or destruction of a business that could have been saved with proper planning or rational thought. Unfortunately, that isn’t always the case. If you find yourself considering or facing a lawsuit which involves your business, you need an aggressive and effective attorney to preserve your rights and interests without killing the “golden goose.”

Business Formation – if you and others have started or are starting a business, you may need a formal partnership agreement or formation documents to form a corporation or limited liability company. A corporation and limited liability company formation will require Articles of Incorporation, Bylaws and Meeting Minutes as well as filings with the California Secretary of State.

Collection Disputes – cash flow is the life blood of every business. If you are facing a situation where someone is not paying you or you are unable to pay them, you may need to work on a compromise or file/defend a lawsuit seeking collection of monies owed. An attorney can often work out the best possible solution.

Business Disputes – purchase and sales of a business may lead to a dispute over what was sold or a failure to pay on monies due and owing. In other instances, activities by a person or other business may interfere with your prospective economic advantage, result in unfair business practices or slander of a business (especially nowadays with the proliferation of comments being posted on Facebook, Twitter, etc.). It may be necessary to aggressively pursue unwarranted and unjustified attacks on the reputation of a business.

Partnership Disputes – a partnership dispute may arise from a written partnership agreement or may be guided by the Uniform Partnership Act [LINK]. Understanding the nature of the dispute, considering options and seeking to resolve disputes short of a lawsuit may be the best solution. If, however, a lawsuit cannot be avoided, strong representation is a must as you will be fighting for the life of your business that took so much effort to build.

Shareholder Disputes – similar to a partnership dispute, if a corporation has a number of unhappy shareholders who feel that there are problems with the management and control of the corporation, a shareholder derivative action can be filed in court to pursue a claim against a third-party or an officer or director of the corporation.

Kevin L. Dorhout, Attorney at Law, APC serves the needs of Business clients in Ventura County (Westlake Village, Thousand Oaks, Newbury Park, Simi Valley, Moorpark, Fillmore, Camarillo, Ventura, Oxnard, Oak Park, Santa Paula) and Los Angeles County in the west San Fernando Valley (Agoura, Calabasas, Hidden Valley, Oak Park, Van Nuys, West Hills, Northridge, Woodland Hills) and is located in Westlake Village. Please feel free to contact Mr. Dorhout to set up a free initial consultation.