Articles Posted in Partnership/Shareholder Disputes

How the Failure to Establish ‘demand Futility’ Derailed One Group’s Shareholder Derivative Action
Poole Huffman, LLC

While not occurring here in Georgia, a recent federal court ruling dismissing a shareholder derivative action in California is a prime example of the extreme importance of the procedural demands placed on the plaintiffs in a derivative claim. As a shareholder plaintiff, satisfying these procedural steps is essential to getting your case to trial. On…

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For Want of a Written Demand to an Entity’s Board of Directors, a Shareholder’s Derivative Action in Georgia Goes by the Wayside
Poole Huffman, LLC

It’s important to recognize that derivative actions have certain specific procedural requirements and that, regardless of the strength of the evidence a shareholder has, the suit will fail if they do not follow these procedural steps. As a shareholder, it is imperative to recognize the grave risk to your case; namely, a dismissal of your…

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A Famous Athlete’s Rico Case Outcome Holds Several Useful Lessons if You’re Defending a Rico Claim in Georgia
Poole Huffman, LLC

If you follow enough civil RICO cases, you’ll notice that many plaintiffs’ RICO claims lack merit, sometimes obviously so. Of course, even when the RICO claim that a plaintiff has aimed at your business is one of those claims long on bluster and short on merit, they are still potentially harmful to you and your…

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Equitable Claims, the ‘burford’ Abstention Doctrine, and Shareholder Actions in Georgia
Poole Huffman, LLC

Any kind of business dispute has the potential to become contentious as business people who once collaborated transition to being adversaries. When the business in question is a family one, then the odds that business will become personal, and emotions will escalate along with it, increase exponentially. Whether or not yours is a family business,…

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How Your Corporation Can Successfully Stop a Disgruntled Shareholder’s Direct Lawsuit in Georgia
Poole Huffman, LLC

As a businessperson, you must face many challenges. One of the challenges your corporate entity may encounter is the disgruntled shareholder. Fortunately, the law limits what disgruntled shareholders can do by prohibiting them from undertaking a direct lawsuit (limiting them only to shareholder derivative suits) in many, though not all, situations. Whether you are a…

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The Georgia Llc I Co-Created Is Trying to Blame Its Losses on My Leaving the Company. What Should I Do??
Poole Huffman, LLC

Business and commercial venture breakups are a bit like marital breakups… you hope that everything will proceed smoothly and amicably, but it often doesn’t. When you’re a member of an LLC who has decided to leave the company, you may often simply want to go your own way. Sometimes, though, the LLC won’t let that…

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Georgia Court of Appeals Affirms That Llcs Are Bound by Their Operating Agreements Even if They Didn’t Sign Them
Poole Huffman, LLC

Sometimes, some things that might seem straightforward still require considerable litigation to resolve. This is one reason why, if you are involved in a business dispute, it pays to have an experienced Georgia business litigation attorney working on your behalf. One example in which this was true occurred recently when the Georgia Court of Appeals…

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Shareholders Lose Their Class Action Because a Georgia Pharma Company’s Scheme of Hiring Stock Analysts to Tout Its Stock Didn’t Violate Any Rules or Securities Laws
Poole Huffman, LLC

A ruling from the 11th Circuit Court of Appeals has clarified which legal responsibilities an issuer of stock has when it hires outside analysts to write glowing reviews of its stock. The federal appeals court in Atlanta upheld a lower court ruling in favor of the company and against a class of shareholders, stating that…

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Georgia’s ‘anti-Slapp’ Statute and How It Can Affect Your Commercial Litigation Case
Poole Huffman, LLC

When you are pursuing a commercial litigation action in Georgia, you might find yourself faced with many different types of arguments about why you should not be allowed to pursue your case. While some may relate directly to the facts of your case, others may have nothing at all to do with the underlying facts…

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Georgia Supreme Court Sends Stock Buyout Dispute Involving Family-Owned Electrical Business Back to the Trial Court
Poole Huffman, LLC

Ideally, in a perfect world, corporate shareholders of a family-owned business would always get along and cooperate effectively. Unfortunately, the real world is not a perfect world, and sometimes shareholder disputes arise and end up in litigation. That is when you need to be sure you have experienced Georgia business attorneys on your side. One…

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