Overview
The Law Office of Howard L. Hibbard has been assisting businesspeople protect and defend their businesses for over 30 years. Disputes can arise internally between officers, directors and shareholders or with outside parties or entities such as clients or suppliers. Our attorneys review each client’s business circumstances to determine the most cost effective route to resolve disputes. Our attorneys strive to solve corporate disputes economically and avoid costly and lengthy litigation which can affect business growth and production. If however, filing or defending a lawsuit becomes necessary, our attorneys have a reputation for tenacious legal representation. Please contact us for a free consultation.
General Information about Corporate Law and Conflicts
Corporate and business related disputes encompass a variety of issues dependent on the type of business entity and the type of business performed. Corporate disputes can slow business and result in capital business losses, loss of clientele, corporate dissolution, or fees and penalties. Internal disputes can stop business functions completely. Due to the potentially disastrous affect of disputes and lawsuits, our office strongly recommends consulting with an attorney at the first indication of a problem.
Types of Corporate Disputes
Corporate disputes fall into two broad categories: (1) internal disputes and (2) external disputes. Our attorneys are well versed in representing clients in both areas.
Internal disputes usually arise when there is a disagreement between officers, directors or shareholders of a corporation. Legal actions in this area involve enforcement of bylaws or minutes, purchase or sale of corporate assets and claims by shareholders. Most actions in this area are governed by the California Corporation Code.
For example, majority shareholders may be liable for monetary damages to minority shareholders or subject the corporation itself to involuntary dissolution for oppressive conduct when the dissolution is reasonable necessary to protect the rights and interests of complaining shareholders. Oppressive conduct occurs when, “[t]hose in control of the corporation have been guilty of or have knowingly countenanced persistent and pervasive fraud, mismanagement or abuse of authority or persistent unfairness toward any shareholders or its property is being misapplied or wasted by its directors or officers.” Cal. Corp. Code §1800(b)(4) & §1800(b)(5).
External disputes arise in a number of different areas from disagreements with clients or suppliers to debt collection and labor disputes to products liability claims. These types of legal issues are strictly governed by California statutory law and it is important to consult with an attorney to discuss all possible monetary damages, penalties and fees.
In addition to those disputes listed above, breach of contract claims can arise when clients fail to pay for services, labor or supplies. Breach of contract damages and remedies are generally restricted by contractual terms, however some exceptions do exist. Other business related services specific to our construction clients include the preparation and filing of preliminary notices or mechanic’s liens.
Services We Provide
Our attorneys provide the following services to our business clients: (1) evaluation on a case-by-case basis of disputes and assessment of risks and liabilities; (2) dispute resolution and negotiation services; (3) preparation of court documents, pleadings, and other necessary documents; (4) aggressive and cost conscious legal representation (5) legal research as necessary; (6) any such other legal services as my be required such as business formation, contracts and leases and sale agreements. Please contact us for a free consultation.