Business and Shareholder Litigation:

Business and Shareholder Litigation

Business Disputes

Large business transactions with high stakes often result in disputes when one party fails to live up to his or her part of the bargain. The subject of a business dispute can involve any aspect of a business’s complex affairs. While some large corporations hire risk analysts who anticipate problems and find solutions and strategies to minimize these risks they have found, many smaller companies do not have these resources. This is where Moravcik Threadgill & Starry can help. We can help your company avoid risk and help ensure a profitable future minimizing claims and liabilities. We can sue on your behalf or defend against the claims of others.

There may also be disputes within business partnerships. People go into business with one another in order to combine their expertise and resources. But partnerships do not always work out the way one would hope. Sometimes, situations arise that lead to a conflict among business partners. Some of the most common conflicts might include the following:

• One partner is not performing to expectations or has stopped contributing to the partnership altogether;
• Partners disagree about what is a fair division of the assets when one chooses to leave;
• Partners disagree over the division of the profits.

Breach of Contract

Company disputes often involve a breach of contract because so much business is done through contracts. These disputes can arise from contracts among co-founders or partners, with employees, with suppliers and service providers, and, of course, with clients and/or customers. Mr. Threadgill and Mr. Starry have experience in breach of contract litigation. They can assist you if you have been the victim of a contractual breach or have been accused of breaching a contract. 

Business Fraud and Misrepresentation

Some business disputes also involve fraud, misrepresentation, and breach of fiduciary duty. Shareholders and unit holders often sue the founders for misrepresenting the value of the investment and mishandling the investor’s money. One company can sue another for similar deceptive conduct relating to a proposed merger or asset purchase. Such suits may arise in the context of a bankruptcy proceeding, a trademark infringement suit, or patent enforcement action. Both Mr. Starry and Mr. Threadgill are well versed in such litigation. Mr. Starry holds a patent himself. Mr. Starry has represented victims of fraudulent asset transfers, failed stock purchase agreements, abandoned joint ventures, as well as other wrongful business conduct. Given the significant expertise of Mr. Threadgill in business formation and transactions, Moravcik Threadgill & Starry forms a formidable team in business litigation.

On large cases, Mr. Starry has been known to form strategic alliances with other law firms in New York, Los Angeles, Houston and other cities. This can ensure that a case gets not only the manpower it deserves, but proper handling at the local level. The firm accepts business cases on a negotiated basis. The fee structure may be on a contingent fee basis, hourly basis or hybrid arrangement.

Securities Fraud

Nothing can be more discouraging to an investor than to learn that he or she lost money, not because of an unwise investment, but because of an unscrupulous broker or dishonest company manager. Mr. Starry has represented investors against companies that issue securities as well as the brokerage firms who sell securities. His cases have ranged from insider trading claims against company management to unsuitable investment claims against brokers. Securities fraud claims can be brought as individual actions, class actions, or mass actions. Each has its advantages and disadvantages. The firm can tailor your case to increase the likelihood of an excellent result.

Regardless of the underlying merits of a dispute, a business needs a seasoned litigator to navigate the Court system and achieve the best outcome in any suit which arises. If you are involved in a business disputed, or even anticipate a possible dispute, contact Moravcik Threadgill & Starry as soon as possible.