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New Jersey Shareholder Dispute Attorneys

Shareholders should benefit from their investment and role in a company, and shareholders should work together with other company leaders to maintain a mutually beneficial relationship. While many people do not face concerns as shareholders, legal disputes can arise between shareholders and various other parties at times within New Jersey and New York companies.

Resolving shareholder disputes as soon as possible – and as efficiently as possible – is essential to the success of a company. If parties are unable to negotiate a resolution out of court, one or more shareholders might take the issues to court by filing a lawsuit. When such derivative actions arise, both the shareholders bringing the action as well as those who need to defend against the lawsuit should have proper legal representation.

The New Jersey shareholder dispute lawyers at Varcadipane & Pinnisi, PC, help shareholders and other professionals in New Jersey and New York with this type of legal conflict. Contact us today.

Common Disputes Involving New Jersey Shareholders

Our legal team represents different parties in a wide range of shareholder disputes. These disputes can involve complex legal issues, including but not limited to:

  • Alleged breach of shareholder agreements
  • Oppression of minority shareholders by majority shareholder
  • Other conflicts arising between minority and majority shareholders
  • Differing opinions about the expenditures and management of the company
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  • Disparities regarding dividend distribution
  • Disparities regarding capital contributions
  • Allegations that a party breached its fiduciary duty to shareholders

Disputes might involve disagreements over the future direction of the company in general or specific issues involving specific actions – or lack thereof – between the parties. In either situation, shareholders and other company leaders should fight to maintain their investments. This is best accomplished with the assistance of a New Jersey shareholder dispute attorney. If you fail to take the proper action with the right legal assistance, it can result in costly and often preventable losses.

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Resolving Shareholder Disputes

As soon as it becomes clear that a conflict is arising, parties can take steps to try to resolve the matter as early as possible. An experienced attorney can help parties negotiate in informal settings to start the dispute resolution process. If they can reach an agreement on how to resolve the dispute, the matter can be dropped without the need for any legal proceedings. This is an ideal result if all parties can agree to a mutually beneficial solution.

Often, disputes will develop and increase for some time, which can make it difficult to resolve the matter strictly through informal negotiations. To ensure that you receive a favorable outcome, you might need to participate in formal dispute resolution. Some shareholder agreements require certain forms of alternative dispute resolution (ADR) before any party can file a derivative action in court.

Some ways our legal team can assist in resolving shareholder disputes include:

  • Mediation – This form of ADR takes place in an informal setting, often a conference room or attorney’s office. A mediator facilitates compromise between the parties, and they can sign a mediation agreement if they reach mutually agreeable terms and conditions.
  • Arbitration – Arbitration is common, as many shareholder agreements mandate this type of dispute resolution over litigation. An arbitration proceeding resembles a trial since it is overseen by an arbitrator or arbitration panel, which resembles a judge’s role. However, arbitration does not have the same standards or evidentiary rules that protect the interests of parties. Further, the arbitrator’s decision for how to resolve the matter is binding, so an unfavorable outcome can cause financial losses to a shareholder.
  • Litigation – Sometimes, litigation is necessary to resolve shareholder disputes. Such court cases can address specific actions or relationships, as well as broader issues involving how the company is managed in general. All litigation must follow strict rules and this can be a time-consuming process.

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shareholder disputes in NJ

Shareholders who bring derivative actions can seek many different remedies depending on the situation in question. Remedies that our lawyers regularly seek might include:

  • Damages
  • Court orders for buyouts
  • Dissolution of the company

Some remedies can greatly impact the future of a business, and all parties need qualified legal assistance in such high-stakes situations.

Discuss Your Situation with a New Jersey Shareholder Dispute Lawyer

Shareholder disputes can have a lot on the line for both shareholders and company leadership. As soon as you know that a conflict exists, you should reach out to the New Jersey shareholder dispute lawyers at Varcadipane & Pinnisi, PC. With very little information, we can explain what services we offer for your unique situation and what you can expect to incur in fees and expenses throughout your legal matter. Contact us today to learn more about our services so we can evaluate your best legal options.

In The Media

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DECEMBER 9, 2019

Dawn Pinnisi Rehabilitates Personal Injury’s Image

At Varcadipane & Pinnisi, Dawn Pinnisi fights back against the public’s misconceptions of personal injury lawyers, dedicating her life to easing her clients’ burdens.

When Dawn Pinnisi started her career as a young lawyer in 2000, what struck her the most was the dearth of female colleagues in her line of work. “When I entered the trial part courtroom, I could count on one hand the number of women in the room,” she says.

Now, as a founding member of the New York and New Jersey-based litigation firm Varcadipane & Pinnisi, PC, she works tirelessly to not just advocate for her clients, but for other women in the legal field as well.

read the article

What Is A Shareholder Dispute?

A shareholder dispute refers to a conflict or disagreement that arises between shareholders of a company. These disputes can occur for various reasons, such as differences in strategic direction, disagreement over financial decisions, disputes regarding ownership rights, or conflicts related to the management of the business.

When shareholder disputes occur, it is important to seek the representation of an experienced New Jersey shareholder dispute lawyer. At Varcadipane & Pinnisi, PC, we can provide effective strategies to resolve the conflict. We can represent your interests and work toward a favorable outcome.

Shareholder disputes can have significant ramifications for the parties involved, as well as for the company as a whole. They can disrupt the company’s operations, damage its reputation, and destabilize its financial standing. By working with a skilled attorney, you can minimize these risks and protect your investment.

Will A Shareholder Dispute Go To Court?

When faced with a shareholder dispute, a major concern may be whether the case will end up in court. While it is certainly a possibility, it is not the only resolution option available to you.

In many cases, shareholders are able to resolve their disputes through alternative methods such as mediation or arbitration. These processes can be less time-consuming and costly compared to a full-blown court battle. Mediation involves a neutral third party helping the parties involved come to a mutually acceptable agreement, while arbitration involves a decision being made by an arbitrator who acts as a private judge.

However, there are situations where going to court may be unavoidable. If there is a complete breakdown in communication and negotiation, or if the dispute involves serious allegations of misconduct, litigation may be necessary to protect your rights and interests as a shareholder. In these cases, having an experienced commercial litigator attorney will be invaluable in handling the litigation process and presenting your case effectively.

Ultimately, the path your shareholder dispute takes will depend on the specific circumstances and the willingness of the parties involved to find a resolution. Consulting with a skilled attorney from Varcadipane & Pinnisi, PC can help you understand your options and guide you toward the most favorable outcome.

 

What Is Shareholder Oppression?

Shareholder oppression occurs when the majority shareholders in a company abuse their power and unfairly disadvantage minority shareholders. This can happen in various ways, such as excluding minority shareholders from important decisions, withholding information, or diverting corporate opportunities for personal gain.

The consequences of shareholder oppression can be severe for minority shareholders, who often feel marginalized and powerless within the company. It can also have a detrimental impact on the overall success and reputation of the business.

When faced with shareholder oppression, it is crucial for minority shareholders to seek legal representation from an experienced attorney. This way, you can ensure that your voice is heard and that your interests are safeguarded in the face of shareholder oppression.

The Rights Of Shareholders

As a shareholder in a company, you must understand your rights. Shareholder disputes can arise for various reasons, and it is important to know what options are available to protect your rights and interests.

One of the key rights of shareholders is the right to participate in company decisions. This includes the right to vote on important matters, such as electing the board of directors or approving major business transactions. As a shareholder, you have the power to influence the direction and management of the company through your voting rights.

Another essential right of shareholders is the right to access company information. This means that you have the right to review the company’s financial statements, board meeting minutes, and other relevant documents. By having access to this information, you can stay informed about the company’s activities and performance and make well-informed decisions as a shareholder.

Additionally, shareholders have the right to receive dividends, which are a portion of the company’s profits distributed to shareholders. Dividends are typically paid in cash or additional shares of the company’s stock. This right allows shareholders to benefit financially from their ownership of the company.

Remember, understanding your rights as a shareholder is critical to protecting them. Never hesitate to discuss your rights or possible infringements with a skilled New Jersey shareholder dispute lawyer.

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