NYC Partnership & Shareholder Disputes Lawyer
Representing business partners, members, and shareholders across New York City in disputes involving control, profits, and the future of the company
Because one fall can change everything
When Business Partners Disagree
Disputes among co-owners can be some of the most disruptive and emotional business conflicts. Partnership and shareholder disputes often combine legal issues with personal history, making it difficult to separate strategy from frustration.
The Law Office of Jesse D. Capell, PLLC represents partners, LLC members, and shareholders in internal business disputes. As a NYC commercial litigation lawyer, Jesse helps clients assert their rights, protect their interests, and work toward resolutions that make sense financially and operationally—whether that means repairing the relationship, restructuring ownership, or litigating.
Types of Partnership & Shareholder Disputes We Handle
Common Internal Business Conflicts
We handle a wide range of disputes between owners, members, and shareholders, including:
- Profit Distribution & Compensation Disputes: Conflicts over salaries, bonuses, distributions, and how profits or losses are allocated among partners or shareholders.
- Management & Control Disputes: Disagreements about who makes key decisions, how authority is divided, and whether certain actions require unanimous or majority approval.
- Breach of Fiduciary Duty: Claims that an owner, manager, or officer put personal interests ahead of the company’s or other owners’, engaged in self-dealing, diverted opportunities, or misused company assets.
- Minority Shareholder Oppression: Situations where majority owners squeeze out, freeze out, or otherwise treat minority shareholders unfairly through dilution, withholding information, or cutting them off from profits or decision-making.
- Partnership Breakups & Business Divorces: When partners or members can no longer work together, we handle negotiations and litigation involving buyouts, valuations, and wind-downs.
- Disputes Over Buy-Sell Agreements & Exit Terms: Conflicts about how and when an owner can exit the business, what they are owed, and how valuation should be calculated under the governing documents.
Our Approach to Partnership & Shareholder Disputes
Balancing Legal Rights and Business Realities
Internal disputes are different from arm’s-length contract matters. They affect relationships, culture, and the core of the company. Our approach generally includes:
- Governing Documents Review: We closely examine partnership agreements, operating agreements, shareholder agreements, bylaws, and key amendments to understand each party’s rights, obligations, and exit options.
- Fact and Financial Analysis: We review financials, distributions, compensation history, board or member minutes, and internal communications to identify patterns and potential breaches.
- Strategic Options Assessment: We discuss a range of paths—negotiated buyouts, restructuring, mediation, or litigation—and help you understand the pros, cons, and likely timelines for each.
- Negotiation & Alternative Dispute Resolution: Where possible, we leverage negotiation or mediation to resolve disputes in a way that protects value and limits public conflict.
- Litigation & Business Divorce: When necessary, we pursue or defend lawsuits involving breach of fiduciary duty, dissolution, or enforcement of buy-sell rights, while working to safeguard your individual and business interests.
Why Choose Our Firm for Owner Disputes
Why Owners Work with Our Partnership Dispute Lawyer
- Trial-Ready, But Resolution-Focused: We prepare as though litigation may be needed, but we also recognize that many partnership disputes are best resolved through negotiated solutions that protect business value.
- Understanding of Business Dynamics: We appreciate the human side of internal conflicts—family relationships, long histories, and the impact on employees and customers—while still providing clear, objective advice.
- Experience with High-Stakes Disputes: Partnership and shareholder conflicts often involve control of key assets or businesses. We bring commercial litigation experience and a steady approach to high-stakes negotiations and court proceedings.
- Straightforward, Confidential Guidance: These disputes are sensitive. We provide practical, confidential advice so you can weigh your options without unnecessary internal turmoil.
- Support for Minority and Majority Owners: We represent both minority owners seeking fair treatment and majority owners navigating complex governance and fiduciary obligations.
Partnership & Shareholder Disputes FAQ
What should I do first if I’m in a partnership dispute?
Before making major moves, gather and organize key documents—your partnership or operating agreement, shareholder agreements, financial records, and important emails. Then speak with a partnership dispute lawyer about your rights and options. Acting impulsively can make things harder to resolve later.
Can I force my partner to buy me out (or vice versa)?
It depends on your governing documents and New York law. Some agreements include buy-sell provisions that specify when and how a buyout can occur. In other situations, litigation or negotiated “business divorce” may be needed to achieve a separation.
What is minority shareholder oppression?
Minority oppression occurs when majority owners use their control to unfairly harm minority shareholders—for example, by cutting them out of profits, withholding information, or diluting their ownership. New York law may provide remedies, including potential buyouts or other relief, depending on the facts.
Do all partnership disputes end up in court?
No. Many disputes are resolved through negotiation, buyouts, or mediation once each side understands its risks and obligations. Court can be a last resort when other options fail or when urgent relief is needed.
How long does a partnership or shareholder dispute take to resolve?
Timelines vary widely based on complexity, personalities, and whether the matter is negotiated or litigated. Some conflicts resolve in a few months; others can last longer if they go through full litigation. Early legal guidance can help you set realistic expectations and avoid unnecessary delays.
Will disputing with my partners damage the business?
Internal conflict always carries risk, but ignoring serious issues can be equally damaging. Our role is to help you manage the dispute in a way that protects business value where possible and positions you well if separation becomes inevitable.
Related Business Dispute Services
Commercial Litigation
View an overview of broader commercial disputes.
Contract Disputes & Breach of Contract
Many partnership disputes involve underlying contract issues.
Business Torts & Fraud
Disputes involving alleged fraud, self-dealing, or diversion of opportunities.
Contact Us
Facing a Partnership or Shareholder Dispute in NYC?
If you’re in a serious conflict with a partner, member, or co-owner, you don’t have to handle it alone. Our NYC commercial litigation firm can help you understand your rights, protect your stake, and work toward a resolution that reflects both legal and business realities.
