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.
Anderson, Bannon, Brodsky, Christman, De Preter, Frank, Garmisa, Gilman, Hanekamp, Hayes, Holisky, J. Johnson, Lazzara, Lichtenstein, Melamed, Morris, T. Nelson, C. Niro, B. Niro, Robertson, Schlifke, Scholl, Sciaccotta, Sodikoff, Stark, Warren, Wernick, Zaban and Zaslavsky named Leading Lawyers.... Read More
Staci Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers and Lindsay P. Lollio have been named Emerging Lawyers for 2020 by Illinois Leading Lawyers.... Read More
John will be installed as Treasurer at the CBA's 147th Annual Meeting on June 25, 2020.... Read More
John will present on the topic at the Catholic Lawyers Guild's virtual CLE program on June 16, 2020.... Read More
The blog features John Sciaccotta, who in 2014 was inducted into the Chicago Daily Law Bulletin's 40 Under Forty inaugural Hall of Fame.... Read More
On June 11, John will speak on the "Attorneys in Transition: Ethical Considerations for Joining a New Firm, Merging Firms, Leaving a Firm or Succession Planning" panel.... Read More
This Alert explains the Treasury Department's recent guidance applicable to the "good faith" certification concerning the necessity of a PPP loan required to be made by all applicants.... Read More
Nate will present on March 5, 2020, from 12:15 p.m. to 1:15 p.m.... Read More
Published by IICLE, this is the essential guide for Illinois attorneys who represent closely held corporations, partnerships or LLCs.... Read More
On Feb. 24, 2020, John and his co-presenters will address law firm ownership, dissolution and how to avoid a bitter business divorce.... Read More
Chris Bannon, Jay Frank, Tom Hanekamp, Julie A. Johnson, Bill Niro John C. Sciaccotta, Blooma Stark and Michael A. Zaslavsky have been selected as Illinois Super Lawyers for 2020.... Read More
Staci Balbirer, Amy Gibson, Ben Haskin, David Johnson, Lindsay Lollio, Tim Nelson and Chris Niro have been named Rising Stars by Illinois Super Lawyers.... Read More
Ben is a business litigation attorney who specializes in assisting small and medium sized companies realize practical solutions to business disputes.... Read More
Amy will moderate the "ADA at 30" panel on Jan. 9, 2020.... Read More
On Dec. 4, 2019, John will moderate the civility panel at the Chicago Bar Association's annual all-day "Basic Skills Course for Newly Admitted Attorneys."... Read More
On Oct. 29, 2019, John will moderate "Part Two: The Process of Arbitration: Making an Effective Presentation of the Case."... Read More
John Sciaccotta and Ben Haskin Presenting "Book & Records Requests Under Delaware & Illinois Law: The Dos & The Do Nots" at the CBA's Business Divorce and Complex Ownership Committee September Meeting
They will speak Sept. 9, 2019, at the CBA headquarters.... Read More
Rebecca accepted the award at the Fourth Annual Inspiration Award Reception hosted by the Aronberg Goldgehn Women's Initiative.... Read More
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"
The meeting will be held June 11, 2019, from 12:15 p.m. to 1:30 p.m.... Read More
Anderson, Bannon, Brodsky, Christman, Frank, Garmisa, Gilman, Hanekamp, Hayes, Holisky, Johnson, Lazzara, Lichtenstein, Melamed, Morris, Robertson, Schlifke, Scholl, Sciaccotta, Sodikoff, Stark, Zaban and Zaslavsky named Leading Lawyers.... Read More
Staci Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers, Lindsay P. Lollio and Timothy R. Nelson have been named Emerging Lawyers for 2019 by Illinois Leading Lawyers.... Read More
Only 5 percent of Illinois attorneys are named Super Lawyers.... Read More
No more than 2.5 percent of the lawyers in Illinois are named to Rising Stars.... Read More
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
They will present on the topic at the Nov. 12 meeting of the CBA Business Divorce & Complex Ownership Dispute Committee.... Read More
Jerry Holisky and John C. Sciaccotta serve as the Chair and Vice Chair, respectively, of the Committee.... Read More
"I never felt like Jerry had anyone's interests at heart but mine," says a client in the article.... Read More
Steve says in the article that the chance to join Aronberg Goldgehn gave him the opportunity to work with some top talent in an environment that encourages collaboration.... Read More
Corporate lawyer Steven M. Scholl, who primarily represents a broad range of closely held and middle market businesses, has joined Aronberg Goldgehn as a Member.... Read More
Amy M. Gibson, Benjamin Haskin, Amber O. LaFevers, Lindsay P. Lollio and Timothy R. Nelson have been named Emerging Lawyers for 2018 by Illinois Leading Lawyers.... Read More
Twenty-one Aronberg Goldgehn attorneys have been named Leading Lawyers for 2018 by Illinois Leading Lawyers.... Read More
On April 12, 2018, the firm will host the kickoff reception for the new CBA Business Divorce and Complex Ownership Disputes Committee.... Read More
Staci L. Balbirer, Amy M. Gibson, Benjamin Haskin, David A. Johnson, Jr., Amber O. LaFevers, Lindsay P. Lollio and Timothy R. Nelson have been named "Rising Stars" by Illinois Super Lawyers.... Read More
Aronberg Goldgehn Member Amy M. Gibson has been listed in Crain's Custom Media's inaugural edition of The Most Influential Women Lawyers in Chicago.... Read More
At the Chicago Bar Association's 144th Annual Meeting on June 22, 2017, Aronberg Goldgehn member John Sciaccotta will be installed on the CBA's Board of Managers.... Read More
Eighteen of the firm's members have been named Leading Lawyers by Illinois Leading Lawyers, a designation awarded to less than 5 percent of Illinois attorneys.... Read More
Amy Gibson, Julie Johnson, Tim Nelson and Amber LaFevers have been named Emerging Lawyers by Illinois Leading Lawyers, a designation awarded to less than 2 percent of Illinois attorneys.... Read More
On May 2, 2017, Aronberg Goldgehn attorney David A. Johnson Jr. will be co-presenting "Starting and Running a Home Based Small Business," a workshop offered by The Law Project.... Read More
Aronberg Goldgehn attorney David A. Johnson Jr. will be presenting at The Chicago Inventors Organization's "Pro Bono Law Evening" on April 25, 2017.... Read More
David Johnson Jr. is a general business attorney who represents growing companies and medical practices throughout Illinois and Wisconsin in all stages of operation, including in unique and complex transactions.... Read More
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
Staci L. Balbirer, Amy M. Gibson, Julie A. Johnson, Amber O. LaFevers and Timothy R. Nelson have been named "Rising Stars" by Illinois Super Lawyers.... Read More
Staci Balbirer, Amy M. Rapoport Gibson, Amber O. LaFevers, Timothy R. Nelson and Julie A. Neubauer and have been designated Rising Stars in Illinois by Super Lawyers.... Read More
Jerry Holisky has been elected Co-Managing Member of Aronberg Goldgehn. Holisky will share the responsibility for the strategic and operational governance of the firm with fellow member Christopher J. Bannon.... Read More
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