Jay R. McDaniel
Partner
201-896-7042 jmcdaniel@sh-law.com
Corporate, Partnerships, & LLC Disputes
Scarinci Hollenbeck’s attorneys have many years of experience in representing business entities, including corporations, partnerships, and limited liability companies, and their directors, officers, shareholders, and partners.
Key Contacts
Corporate, Partnerships, & LLC Disputes
Our Approach
Our Corporate, Partnership & LLC Dispute Resolution attorneys represent businesses, closely held companies, family-owned enterprises, startups, and middle-market organizations throughout New York City and New Jersey. We also represent shareholders, members, partners, directors, officers, and investors in complex ownership and governance disputes.
Whether the goal is preserving the business, negotiating a buyout, enforcing ownership rights, dissolving a business, or pursuing litigation, we develop practical legal strategies designed to protect both our clients’ business interests and long-term objectives.
Experienced Counsel for Complex Business Ownership Disputes
Business disputes rarely involve purely legal issues. They are often affected by years of personal and financial relationships, differing management philosophies, succession concerns, or disagreements over the company’s direction. Resolving these matters requires attorneys who understand both corporate governance and the practical realities of running a business.
Our attorneys routinely advise clients facing disputes involving:
- Deadlocked ownership groups
- Mismanagement allegations
- Breach of fiduciary duty claims
- Minority shareholder or member oppression
- Removal of officers or directors
- Disputes over ownership interests
- Business valuation disagreements
- Enforcement of shareholder, operating, and partnership agreements
- Dissolution and winding up of businesses
- Buyouts of owners or investors
When negotiation is possible, we seek efficient resolutions that minimize disruption to ongoing operations. When litigation becomes necessary, we aggressively advocate for our clients in state and federal courts, arbitration proceedings, and other dispute resolution forums.
Preventing Disputes Through Proactive Planning
Sound planning reduces the risk of a destructive business dispute. Well-crafted, comprehensive partnership agreements, operating agreements, shareholder agreements, and buy-sell provisions establish clear expectations, define decision-making authority, and provide mechanisms for resolving disagreements before they escalate into costly litigation. By addressing issues such as ownership transfers, valuation methods, voting rights, succession planning, management responsibilities, and dispute resolution procedures, these governing documents help businesses navigate periods of uncertainty while preserving relationships and protecting the company’s long-term interests.
Helping Businesses Resolve Internal Conflicts Before They Become Litigation
Many business disputes begin long before anyone files a lawsuit. Partners stop communicating. Family members disagree about succession. Minority owners believe they are being excluded from management. Without prompt legal guidance, these disagreements frequently escalate into expensive litigation that threatens the company’s viability.
Our attorneys regularly counsel businesses on resolving disputes through negotiated agreements, mediation, restructuring, and carefully crafted buyouts. We also assist clients in revising governing documents—including operating agreements, shareholder agreements, buy-sell agreements, and succession plans—to reduce the likelihood of future conflicts.
Because our litigators work closely with the firm’s corporate, tax, estate planning, and employment attorneys, clients benefit from coordinated advice that addresses both the legal dispute and its broader business implications.
Our Corporate, Partnership & LLC Dispute Resolution Services
Scarinci Hollenbeck represents clients in a wide variety of business disputes, including:
Shareholder and Member Disputes
Disagreements among owners can quickly undermine a company’s stability. We represent majority and minority owners in disputes concerning voting rights, ownership interests, distributions, governance, and fiduciary obligations.
Minority Shareholder and LLC Member Oppression
Minority owners may have significant legal protections when majority owners engage in oppressive conduct, withhold financial information, deny distributions, terminate employment, or improperly divert company assets. We help clients pursue appropriate remedies, including buyouts and judicial relief.
Partnership Disputes
Partnership disagreements often involve profit allocation, management authority, fiduciary duties, dissolution, and ownership transitions. We represent partners throughout every stage of these disputes.
Breach of Fiduciary Duty
Corporate directors, officers, partners, and LLC managers owe fiduciary duties to the entities they serve. We prosecute and defend claims involving self-dealing, conflicts of interest, misuse of company assets, and other alleged breaches.
Business Valuation and Buyout Litigation
When owners separate, determining the fair value of a business often becomes one of the most heavily contested issues. Our attorneys bring a unique perspective in working alongside valuation experts to protect our clients’ financial interests during negotiated and court-ordered buyouts.
Business Dissolution
In some situations, continuing the business is no longer practical. We represent owners seeking judicial dissolution of corporations, partnerships, and limited liability companies, as well as those opposing dissolution efforts.
Shareholder Derivative Actions
When those who control a business refuse to address wrongdoing, shareholders or members may have the right to pursue claims on the company’s behalf. We handle derivative actions involving corporate waste, fraud, and breaches of fiduciary duty.
Receiverships and Emergency Business Litigation
Certain disputes require immediate judicial intervention to preserve company assets or prevent irreparable harm. We regularly seek and defend against applications for temporary restraints, preliminary injunctions, and receiverships.
Additional Areas of Representation
Our attorneys also represent clients in matters involving:
- Bankruptcy-related business disputes
- Business divorce litigation
- Compelled shareholder buyouts
- Distressed asset sales
- Involuntary removal of officers and directors
- Probate and estate-related business ownership disputes
- Professional practice dissolutions
- Proxy contests and corporate governance disputes
- Securities litigation
- Enforcement of restrictive covenants and ownership agreements
Businesses and Individuals We Represent:
Our clients range from newly formed startups to established middle-market companies operating throughout New Jersey and beyond. We regularly represent:
- Closely held corporations
- Limited liability companies (LLCs)
- Partnerships
- Family-owned businesses
- Professional practices
- Manufacturing companies
- Construction firms
- Technology companies
- Healthcare organizations
- Real estate businesses
- Investors and private equity participants
- Entrepreneurs and founders
We also advise individual shareholders, members, partners, directors, officers, and executives whose personal interests are directly affected by business disputes
FAQ about Corporate, Partnerships, & LLC Disputes
A business divorce is the legal process of resolving disputes between business owners who can no longer operate together. Depending on the circumstances, the matter may involve negotiating a buyout, dissolving the business, enforcing a shareholder or operating agreement, or litigating claims involving fiduciary duties and ownership rights.
In certain circumstances, yes. New Jersey law provides remedies for minority shareholders who have been subjected to oppressive conduct or unfair treatment. Courts may order relief that includes a compelled buyout, appointment of a custodian, or other equitable remedies, depending on the facts of the case.
When LLC members reach a deadlock, the operating agreement often controls how disputes are resolved. If no workable solution exists, legal remedies may include mediation, arbitration, negotiated buyouts, or judicial dissolution. Early legal intervention can often prevent disputes from escalating.
With partners working so closely together, disagreements are common. Understanding the most common causes of partnership disputes can help partners proactively take steps to prevent these conflicts from arising in the first place. Common causes of partnership disputes include conflicts over business direction, finances, and delegation of duties.
Business owners should seek legal counsel as soon as significant disagreements arise. Addressing disputes early often creates more opportunities for negotiated resolutions and helps preserve important evidence, business relationships, and company value.
OUR commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm a solid reputation.
Scarinci Hollenbeck is a business law firm based in New Jersey, New York servicing clients worldwide.
If you have a legal need that is not mentioned, please contact us to discuss how we may help you.
Contact us today to learn more about how we can assist you.
Practice Area Attorneys
Read more about this practice in our library
Open libraryHow to Protect Your New Jersey Business When Going through a Divorce
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What Is a Partnership in Business? Key Facts and Types Explained
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Partnership Dissolution: Steps, Legal Requirements, and Best Practices
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What New York LLC Owners Can Learn from Long-Standing Feud
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When Can a New Jersey LLC Expel One of Its Members?
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Breaking Ties: The Essentials of the Dissolution of a Business Partnership
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Demystifying the New York General Partnership Dissolution Requirements
Michael J. Sheppeard
Demystifying the Dissolution Process: New York Limited Liability Companies
Michael J. Sheppeard
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Why Choose Us?
Dedicated attorneys
At Scarinci Hollenbeck, our attorneys are forward-thinking professionals dedicated to the ongoing enhancement of their legal expertise. They stay informed of legal developments, engage in professional bar associations, contribute to legislative initiatives, and actively engage in speaking opportunities—all to provide the highest quality service possible.
Strategic Counsel
In today's dynamic economy, businesses face complex challenges. We understand that these challenges require innovative, multi-faceted solutions. Through a collaborative, cross-practice approach, our attorneys leverage a wealth of experience across various legal disciplines to devise effective strategies tailored to meet our clients’ needs.
Proven Experience
For over 35 years, Scarinci Hollenbeck has offered comprehensive legal services to businesses both locally and globally. Our attorneys draw on extensive industry knowledge, representing clients in sectors such as real estate, entertainment, technology, and energy. We take pride in the successful outcomes we consistently achieve.
Client-First Focus
Our commitment to being a client-first law firm is rooted in open communication, meticulous attention to detail, and adaptability. We work closely with clients to ensure a transparent process, earning their trust through comprehensive guidance. This steadfast commitment is why clients continue to rely on us for their most complex legal challenges.
