Business Divorce and Complex Ownership Dispute Resolution
Business Divorce and Complex Ownership Dispute Resolution
Aronberg Goldgehn’s Business Divorce and Complex Ownership Dispute Resolution Group counsels businesses, corporations, partnerships, management as well as individuals holding a majority or minority interest in an enterprise in order to anticipate and minimize the conflicts that often arise from the ownership of closely held businesses.
Our experienced legal team works with clients to prevent and, when necessary, navigate the disputes that frequently develop between majority and minority owners and their businesses.
When disputes are unavoidable, we guide our clients to resolution through mediation, arbitration or litigation, and we work efficiently to ensure such disputes do not impede the daily operations and overall success of the organization.
In a wide range of contested transactions, our multidisciplinary group of transactional and litigation attorneys has analyzed these disputes from both sides. It is our philosophy that the best result is nearly always a transactional solution that preserves and maximizes the value of the business enterprise. As a result, our Business Divorce and Complex Ownership Dispute Resolution group frequently structures, negotiates and closes transactions designed to resolve these complex disputes.
Our Business Divorce and Complex Ownership Dispute Resolution Group members are well-versed in the common characteristics guiding ownership structures that lend themselves to conflicts among investors and shareholders, including:
disputes arising from the basic nature of majority-minority shareholder relationships, in which the majority controls the enterprise and works to protect interests that clash with that of the minority
conflicts stemming from the minority feeling/being excluded from the benefits of its stake in the enterprise
conflicts among parties due to the lack of a ready market to sell the interest, an attribute that has profound consequences for owners, including complicating decisions about the use of resources and the cash flow of the business
The potential for conflict and stalemate exists in all ownership structures, and our attorneys are poised to handle such disagreements in business ventures with majority-minority ownership as well as 50/50 ownership structures.
resolving, prosecuting and defending claims involving dissenters’ rights, oppression or unfair behavior, breaches of shareholder agreements and fiduciary duty, removal of directors and access to books and records
counseling owners in avoiding oppressive or unfair behavior
negotiating and providing guidance on buy-sell agreements, voting trust agreements, and shareholder freeze-out or squeeze-out claims
planning and effecting ownership transfer or succession
negotiating and arranging mergers or reorganizations
adjusting governance structures
counseling clients regarding executive compensation
obtaining the fair value of clients’ ownership stakes
resolving stalemate and deadlock issues
Our primary goal is to provide clients with the foresight they need to address the tensions inherent between majority and minority shareholders and their businesses. While the types of conflicts may be foreseeable, every dispute and resolution requires a keen understanding of each client’s unique situation.
Our attorneys’ shared insight and depth of experience help effect resolutions before costly litigation develops. Where arbitration or litigation is unavoidable, our experienced team is dedicated to efficiently and effectively guiding our clients to resolution.
Our Commitment to the Substantive Practice
As a demonstration of our commitment to excelling in our service to clients confronting a business divorce or ownership dispute, Aronberg Goldgehn initiated the formation of the Chicago Bar Association’s Committee on Business Divorce and Complex Ownership Disputes. Two of our firm’s members, Jerry Holisky and John C. Sciaccotta, represent the Founding Members of the Committee and serve as the Chair and Vice Chair, respectively, of the Committee.
The Chicago Bar Association’s Committee on Business Divorce and Complex Ownership Disputes addresses transactional and litigation issues that arise when the relationships among owners of business organizations, large and small, break down to the point where a business separation and/or a lawsuit are the only practical solutions. Squeeze-outs, freeze-outs, shareholder rights, oppression, deadlock, dissolution, court-ordered buyouts and other alternative remedies, business valuations, and contests for corporate control are just some of the topics that are regularly addressed. The Committee’s focus is “cross-disciplinary” – with content, speakers and discussions of interest for both business lawyers and trial attorneys. The committee studies practice under the various business entity statutes (primarily Illinois and Delaware), keeps members informed of case law and statutory developments, and makes recommendations for changes in the law, including those related to civil practice.
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On Oct. 29, 2019, John will moderate "Part Two: The Process of Arbitration: Making an Effective Presentation of the Case."... Read More
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They will speak Sept. 9, 2019, at the CBA headquarters.... Read More
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Lawyers named to The Best Lawyers in America© publication were recognized by their peers in the legal industry for their professional excellence in 146 practice areas.... Read More
John Sciaccotta Co-Presenting "Making Difficult & Distressed Corporate Divorce & Complex Ownership Disputes Resolvable Through Mediation And Arbitration, Inside and Outside of Court Litigation"
The panel will present Sept. 14 at the ABA's Business Law Section's meeting.... Read More
The CBA's Business Divorce and Complex Ownership Disputes Committee Presents "Business Divorce Matters Seeking Both Equitable and Legal Relief Filed in the Cook County Commercial Law Section"
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Aronberg Goldgehn Davis & Garmisa has named Staci Balbirer, David A. Johnson Jr. and Lindsay P. Lollio as Members of the firm, effective January 1, 2018.... Read More
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Aronberg Goldgehn attorney Benjamin Haskin will co-present “Admitting Complex Electronic Materials into Evidence” at the Du Page County Courthouse on March 10.... Read More
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John Sciaccotta has joined Aronberg Goldberg as a member. He focuses his practice on litigation, arbitration and business counseling matters with a special emphasis on complex civil trial and appellate cases brought in federal and state courts throughout the country.... Read More
Amber LaFevers, Timothy R. Nelson and Amy M. Rapoport Gibson have been designated as Rising Stars by Illinois Super Lawyers.... Read More