Corporate Governance Disputes
Because businesspeople are human, governance disputes inevitably arise. Damon Morey’s practice focuses on closely held businesses, whether they’re a corporation, partnership, limited partnership or limited liability company. We also advise officers and directors of publicly traded entities.
We emphasize proactive analysis and planning to protect our clients from power imbalance issues that might adversely affect business operations or enterprise value. Our skills cover a range of disciplines, including corporate law, securities regulation, accounting and auditing, litigation, tax, and regulatory matters.
We have a depth of experience litigating breaches by officers and directors of their fiduciary duties, addressing concerns regarding business judgment, corporate usurpation and conflicts of interest. Similarly, we have a pre-eminent reputation as counsel for majority and minority interests, both in connection with orchestrating and opposing squeeze-outs, freeze-outs and force-outs. Based on the strength of our practice, professionals seeking split-up of or split-off from a firm often engage Damon Morey. We have assisted physicians, architects, accountants and fellow lawyers in severing or reconfiguring their ties.
Because dissolution and dissenting owner appraisal rights involve critical issues of valuation, Damon Morey has developed relationships with experts and expanded its knowledge of their methodologies. Many corporations and LLCs are organized in Delaware. Our partnership includes an attorney admitted to practice in Delaware, and Damon Morey has repeatedly and successfully appeared in the state’s Chancery Court.
Our approach to governance disputes begins with a balancing of net worth and performance considerations with client authority and management goals. We formulate a negotiation or litigation strategy by working with our clients to understand the unique aspects of their business and objectives, and to minimize risk to the enterprise. Our goal is to provide valuable guidance to help you achieve a favorable business result.