Shareholders zealously guard their investment and want assurances that their company’s officers are worthy of their trust. Although most corporate officers take their fiduciary duties seriously, some take shortcuts that compromise transparency, raising suspicions and inviting disputes. Garcia & Gurney, A Law Corporation represents companies and shareholders in disputes over corporate policies and practices. When conflicts stem from misunderstandings, we can help resolve the immediate issue and recommend new procedures to avoid conflict in the future. When incompetence or criminality is at the heart of an issue, we litigate aggressively to assert our client’s rights and achieve the best results possible.
Business oppression results when majority shareholders act to suppress the rights of minority shareholders, denying them a voice in the company and even harming their financial interests. Oppression can be seen in various actions the majority takes, such as denying the minority a seat on the board, manipulating terms to deny payment of dividends, issuing additional stock to reduce the minority’s standing, attempting to squeeze out or freeze out minority shareholders, or terminating a minority shareholder’s employment with the company. The majority usually has discretion in these areas under the company bylaws, but minority shareholders are not helpless, and should seek counsel on how best to assert their rights.
Corporate officers have a duty to manage a company’s assets in a way that enhances their value to the shareholders. An officer’s failure to perform as a responsible fiduciary can lead to a variety of disputes involving:
Garcia & Gurney, A Law Corporation represents companies, corporate officers and investors in shareholder dispute litigation in the Alameda and Contra Costa areas. Our experienced litigators work toward cost-effective resolutions that protect your rights. To schedule a consultation, call us today at 925-468-0400 or contact us online.
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