Partnership and Fiduciary Disputes
Atlanta Lawyers Representing Parties in Partnership and Fiduciary Disputes
Owning a business can be lucrative, but as with most ventures, it presents some degree of risk. Among other things, parties may not agree on important decisions that may impact a company financially or may have different ideas about what a corporation’s future should look like. Likewise, partners may not see eye to eye with regard to company operations, business valuations, or their individual obligations. If you are involved in a disagreement with your business partner or other individuals or entities that have a stake in your company, it is critical to consult an attorney as soon as possible. The assertive Atlanta business litigation attorneys of Poole Huffman are skilled at handling a variety of disputes between business partners, and if you engage our services, we will advocate zealously on your behalf to help you seek the best legal outcome possible. We regularly represent parties in partnership and fiduciary disputes in metro Atlanta, and in Decatur, and throughout Georgia.
Partnership and Fiduciary Disputes
Partnership disputes frequently arise over disagreements regarding each partner’s rights and obligations, how a partner’s shares should be disbursed when they die, and the terms and conditions that apply to a partner transferring their ownership interests in the company to an outside party. If business partners are unable to resolve their disputes independently, they may seek intervention from the courts. There are numerous causes of action that can arise out of disagreements in partnerships. For example, business partners typically have a partnership agreement or contract, and one party may argue that the other breached the agreement in question. To establish liability for breach of contract, a plaintiff must establish that a contract existed and that the defendant breached a material term of the contract, causing the plaintiff actual harm.
In some instances, a party may allege that their business partner engaged in unethical or fraudulent acts or intentionally or negligently concealed or misrepresented information and may seek damages for the losses caused by such behavior. In many instances, the aggrieved party will also ask the court to dissolve the partnership.
Another claim commonly asserted in partnership and fiduciary disputes is a breach of fiduciary duty. Broadly speaking, a fiduciary is a person that owes a duty to someone else to act with good faith, fair dealing, and loyalty. Business partners, corporate officers and directors, trustees, agents, managers, and attorneys are typically considered fiduciaries.
If a fiduciary behaves in a manner that is misleading or deceitful, it can lead to a breach of fiduciary duty claim. Generally, such a claim arises when the fiduciary neglects to fully disclose critical facts to the person relying on the information provided by the fiduciary, fails to act with reasonable care, or engages in self-dealing.
In order to establish liability for a breach of fiduciary duty claim, the party asserting the claim must establish that such a duty exists. While some parties always owe one another a fiduciary duty, the duty may be less obvious in other cases. The party must then demonstrate a breach of the duty owed. Finally, they must establish actual harm caused by the breach in order to recover damages. Such harm is usually economic in nature. It is critical that parties embroiled in partnership and fiduciary disputes in Georgia act promptly, as there are strict statutes of limitations as to when such claims may be pursued.
Talk to a Trusted Atlanta Attorney
Many business transactions involve some degree of risk, and if a party does not abide by the terms of an agreement, it can have costly consequences. If you are involved in a dispute over a business matter, the assertive Atlanta business litigation attorneys of Poole Huffman can advise you of your rights and formulate compelling arguments in your favor to help you seek a just outcome. We frequently represent parties in partnership and fiduciary disputes in metro Atlanta, Decatur, and throughout Georgia. We also assist individuals and entities in business and real estate matters in cities throughout DeKalb, Cobb, Fulton, and Gwinnett Counties. You can reach us through our online form or at 404-373-4008 to set up a confidential and free consultation.
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