Represent Your Client When Business Gets Personal!
When business gets personal, how can you protect your clients and maintain their investment? Whether a business organizes as a partnership, corporation or LLC, disputes among owners and managers often require legal assistance. Fast and effective counsel and representation is necessary to keep businesses from folding. This program prepares attorneys for all phases of ownership disputes - from the initial triggers to the final settlement - from both defendant and plaintiff perspectives. Our faculty will take you through this commercial litigation boot camp so you are fully prepared to handle disputes for your small-business clients. Register today!
- Stay up to date on how to handle disputes that arise in partnerships.
- Learn from top attorneys how handle business disputes before the court.
- Gain tools to pursue your case in mediation, arbitration, and trial.
- Build your case through subpoenas and protect your client's information with protective orders.
- Learn how to prepare and examine forensic accountant and valuation expert witnesses for deposition.
- Discover tips for negotiating favorable buy-outs.
- Avoid conflicts of interest when representing a firm that you helped create.
All times are shown in Eastern
- WHERE DISAGREEMENT BECOMES LEGAL DISPUTE: BLURRED LINES IN SMALL BUSINESSES
10:00 - 11:00,
Dawn C. Van Tassel
- Fiduciary Duties: Who Owes What to Whom?
- Wrongful Termination
- Shareholder Oppression: The Range of Definitions
- Accusations of Self-Dealing, Mismanagement or Fraud
- Violation of Non-Compete and Non-Solicitation Agreements: Current Case Law
- Governance Disputes: Duties of Directors, Officers, Members and Controlling Partners
- Know the Extent of a Partner's Right to Inspect Books and Records
- Obligations for Handling Related Party Transactions
- Claiming Theft of Corporate Opportunities
- INTERPRETING ESSENTIAL DOCUMENTS TO BUILD YOUR CASE
11:15 - 12:15,
Jon L. Farnsworth
- Operating Agreements
- Partnership Agreements
- Shareholder Agreements
- Corporate Bylaws
- Third-Party Contracts
- ARBITRATION AND MEDIATION: HANDLING BUSINESS DISPUTES WITH MINIMAL CONFLICT
12:45 - 1:45,
Daniel S. McGrath
- Following Arbitration Clauses
- Mediation: Rules and Sanctions for Non-Compliance
- Strategies to Quickly Negotiate a Favorable Settlement
- Writing a Memorandum of Mediated Settlement
- TOOLS FOR PLAINTIFFS AND DEFENDANTS IN PARTNERSHIP DISPUTES
1:45 - 2:45, Dawn C. Van Tassel
- Using Injunctions to Quickly Protect Your Client
- Determining Reasonable Expectation
- Issuing Subpoenas under Rule 30(b)(6)
- Outlining "Reasonable Particularity" for Subpoenaed Witnesses
- Using Protective Orders to Withhold Discovery
- Procedures for Bringing a Derivative Action
- Working with (and Against) Expert Witnesses, Including Forensic Accountants and Valuation Experts
- Does the Business Judgment Rule Apply to Your Case?
- RESOLVING THE CASE: WHAT WINNING CAN LOOK LIKE
3:00 - 4:00,
Jon L. Farnsworth
- Negotiating a Favorable Buy-Out Agreement: Tips and Tricks
- Re-Drafting Operating or Partnership/Shareholder Agreements: How to Prevent New Disputes After a Successful Settlement
- How to Dissolve a Business: Voluntarily, Administratively, or By Court Order
4:00 - 5:00,
Daniel S. McGrath
- Fee Structures for Clients Facing a Financial Crisis
- Avoiding Conflicts of Interest: Anticipating Likely Problems
- Considerations for Attorney-Client Privilege for Sensitive Business Material
- Rules Against Counseling or Assisting a Client in Fraudulent Conduct
This program is designed for attorneys. Paralegals may also benefit.