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PRIVATE COMPANY BUSINESS DISPUTES

The breakup of a business is a tragedy that can often destroy a life’s work. Thompson Coburn counsels owners, shareholders, partners, corporations, partnerships, limited liability companies and other organizations in foreseeing and avoiding conflicts that may develop in the future. For conflicts that do arise during the course of business, the group works to resolve them as expeditiously as possible. The group’s emphasis is on privately-held businesses, but our attorneys also have extensive experience regarding business breakup issues involving publicly-held companies.

Our team includes litigators who have tried cases regarding every aspect of operating agreements and shareholder agreements. The group also includes corporate, tax and estate planning attorneys who have the experience necessary to anticipate and resolve disputes before they arise. A typical “business divorce” often touches on several or all of these areas.

We work with new businesses to help their leaders anticipate the issues that they may face in the years ahead and mitigate those risks before they happen. For example, the group’s corporate attorneys work closely with group litigators when drafting shareholder and operating agreements so that the firm’s clients are protected by a comprehensive “prenup.” Likewise, group litigators work with their corporate, tax and estate planning colleagues to ensure that clients obtain maximum value and appropriate tax benefits for business succession when resolving disputes through litigation or other dispute resolution avenues.

We pride ourselves on giving our clients the freedom to focus on their business while we address potential or actual disputes that otherwise would require them to divert time and resources better spent on growing their companies.

Our services also include:

  • Prosecuting and defending claims of oppression, breaches of fiduciary duty, breaches of operating or shareholder agreements, enforcement of statutory records, inspection rights, misappropriation of corporate assets, diversion of corporate opportunities, removal of officers or directors and receiverships, valuation of minority interests, and other corporate governance and shareholder/partner rights issues
  • Counseling on insurance and indemnification issues
  • Counseling on protocols for special directors’ and shareholders’ meetings
  • Counseling on valuation issues
  • Representation as to diligence and closing on mergers and acquisitions
  • Protecting and enforcing the rights of minority shareholders or partners
  • Counseling those in control on fiduciary duties, record-keeping and governance
  • Preparing operating agreements for LLCs and shareholder agreements for corporations
  • Forming corporations, LLCs and other entities
Partner
New York

John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts.

John draws on his more than 30 years of litigation experience to represent ...

John Amato
Partner
Chicago

Christina Berish is a deeply valued resource to clients as they interpret and enforce agreements.

Christina Berish is a deeply valued resource to clients as they interpret a...

Christina Berish
Senior Counsel
St. Louis

Ed serves as a key tax advisor to companies embarking on any type of corporate restructuring, from acquisitions and dispositions to spinoffs and management changes.

Ed serves as a key tax advisor to companies embarking on any type of corpor...

Ed Buchholz
Associate
St. Louis

Libby assists clients with a wide variety of business litigation matters.

Libby assists clients with a wide variety of business litigation matters.

Elizabeth Casale
Partner
St. Louis

Tom's practice focuses on the areas of estate planning and administration, federal estate and gift tax compliance and controversy, organizational, tax and succession plan...

Tom's practice focuses on the areas of estate planning and administration, ...

Tom Corbett
Partner
St. Louis

Larry is a business litigator resolving complex cases involving shareholder rights, business valuations, fiduciary duty claims, and other contract and business disputes.

Larry is a business litigator resolving complex cases involving shareholder...

Larry Friedman
Partner
Chicago

Jay serves as a critical business partner and advisor for a variety of companies, from startups to multi-level international organizations.

Jay serves as a critical business partner and advisor for a variety of comp...

A. Jay Goldstein
Partner
St. Louis

Steve is a nationally recognized practitioner in the areas of estate planning and the structuring of privately held businesses.

Steve is a nationally recognized practitioner in the areas of estate planni...

Steve Gorin
Counsel
New York

Bill Hennessey has extensive US and foreign litigation and investigations experience both as outside counsel and in-house as a Director and Senior Counsel at a large, mul...

Bill Hennessey has extensive US and foreign litigation and investigations e...

William Hennessey, 2nd
Partner
St. Louis

Brian Hockett practices in the Firm's Financial Restructuring group.

Brian Hockett practices in the Firm's Financial Restructuring group.

Brian Hockett
Senior Counsel
Washington, D.C.

Benjamin is a corporate advisor and business strategist for a wide variety of privately-held businesses, manufacturers, financial institutions, and nonprofits.

Benjamin is a corporate advisor and business strategist for a wide variety ...

Benjamin Hulsey
Partner
Los Angeles

Jon represents mid-sized, closely held businesses and their owners in a variety of industries, including manufacturing, distribution, retail sales and professional servic...

Jon represents mid-sized, closely held businesses and their owners in a var...

Jon Karp
Partner
Chicago

David is Co-Chair of the Firm's national Corporate and Securities Practice Group.

David is Co-Chair of the Firm's national Corporate and Securities Practice ...

David Kaufman
Partner
St. Louis

John handles complex commercial litigation in state and federal courts across the nation.

John handles complex commercial litigation in state and federal courts acro...

John Kingston
Partner
St. Louis

Brian is a business litigator representing plaintiffs and defendants in complex commercial litigation and internal compliance issues across many industries.

Brian is a business litigator representing plaintiffs and defendants in com...

Brian Lamping
Partner
Chicago

Litigation can be a chess match or a street fight: Rob is comfortable with either approach.

Litigation can be a chess match or a street fight: Rob is comfortable with ...

Rob Lang
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
Dallas

Elizabeth represents clients in high-stakes litigation across the country, involving commercial disputes, product defects claims, and consumer fraud, and securities fraud...

Elizabeth represents clients in high-stakes litigation across the country, ...

Elizabeth Myers
Partner
New York

Consistently recognized for his dynamic, passionate, and resolute approach, Zachary delivers practical, tactical, and experienced advice to a diverse clientele that inclu...

Consistently recognized for his dynamic, passionate, and resolute approach,...

Zachary Newman
Partner
Chicago

Emily is an experienced litigator representing companies, financial institutions, executives, officers, and individuals in a wide range of business issues, including cont...

Emily is an experienced litigator representing companies, financial institu...

Emily Peel
Counsel
Chicago

Caroline is a litigator resolving complex business and commercial litigation matters.

Caroline is a litigator resolving complex business and commercial litigatio...

Caroline Pritikin
Partner
Washington, D.C.

Ray is a member of the Corporate and Securities, Government Contracts and Tax practice groups.

Ray is a member of the Corporate and Securities, Government Contracts and T...

Ray Stewart
Partner
Dallas

Mackenzie is an experienced trial attorney representing health care entities, businesses, and directors in high-stakes litigation.

Mackenzie is an experienced trial attorney representing health care entitie...

Mackenzie Wallace
Partner
Los Angeles

Barry serves as a corporate strategist and outside general counsel to small- to mid-sized companies, as well as their principals, in a variety of industries.

Barry serves as a corporate strategist and outside general counsel to small...

Barry Weisz
Partner
Dallas

Nicole is a highly experienced trial lawyer representing clients in matters involving antitrust, advertising, business divorces and disputes, fraud investigations and lit...

Nicole is a highly experienced trial lawyer representing clients in matters...

Nicole Williams
Partner
Los Angeles

Daniel Wu represents banks and other financial institutions in complex commercial litigation, as well as business entities involved in high-stakes intellectual property d...

Daniel Wu represents banks and other financial institutions in complex comm...

Daniel Wu
Partner
Chicago |
Los Angeles

Described by one client as a highly effective "legal quarterback," Kevin handles a wide range of transactional and governance matters for corporate clients and financial ...

Described by one client as a highly effective "legal quarterback," Kevin ha...

Kevin Young