A surprising number of successful businesses fail to plan for what happens if and when the founding principals part ways. Our lawyers use their significant experience in business divorce to help our clients meet their goal, whether it be keeping the business together, departing the business, or dissolving the business altogether.
The inherently close relationship between founding principals often makes the business divorce a particularly contentious and highly emotional dispute. Those dynamics, coupled with the fact that, all too often founding partners of a new business fail to adequately plan for a future split, make it one of the most challenging areas of commercial dispute. We work with our clients from the outset to get to know them and their business and, just as important, the motivations of the adverse party and the underlying causes of the dispute. And our lawyers know the importance of preservation of the business and its assets and work with our clients to be as efficient as possible while never losing sight of the client’s big picture goals. Cain & Skarnulis also works with forensic accountants, business valuation firms, private investigators, and computer forensic firms to make sure no stone is left unturned in prevailing in the client’s most crucial dispute.
Blair’s article is a good read for lawyers on both sides of the “v.” It gives important advice, such as, “Avoid alleging facts that cannot be supported at trial. Plead consistent with your facts and with enough detail to get the right parties to the table. An insurer with a defense but no indemnification obligation may hamper settlement discussions.”