Considered one of the premier fiduciary dispute practices in the San Francisco/Bay Area, Shartsis Friese offers a deep bench of trial lawyers experienced with trying and winning cases on behalf of founders, management and partners/shareholders.
We have represented the interests of law firms, accounting practices, brokerages, real estate developers, sports leagues, construction companies, investment firms, banks and technology companies, family business, among others, in business divorces, in disputes involving self-dealing, usurpation of corporate opportunity, and corporate control, in shareholder derivative lawsuits, in involuntary dissolution and statutory buyout proceedings, and in special proceedings relating to the election of directors and governance of corporations, associations and nonprofits. Our experience includes working on disputes involving all corporate forms, including corporations, limited liability companies, general and limited partnerships, joint ventures, and unincorporated associations.
Well-versed in the decisional and statutory law surrounding the rights and obligations of directors, officers, partners and shareholders, we’ve handled matters throughout California, as well as in Delaware and other common jurisdictions. Firm lawyers have authored leading treatises and practice guides on fiduciary litigation, and we are often asked to and teach Continuing Legal Education courses in this practice area for other lawyers. We have litigated precedent-setting cases in fiduciary law, including Fair v. Bakhtiari et al., 40 Cal. 4th 189 (2006) and 195 Cal. App. 4th 1135 (2011). This extensive, subject-matter expertise allows us to work with our clients to develop and deploy effective, and sometimes novel, strategies that leverage both the law and business realities.
Many fiduciary disputes involve business valuations or appraisals arising out of statutory or contractual dissolution or buyout rights. We are deeply experienced in these disputes and, among other forms of valuation disputes, we have handled countless disputes involving buyouts of ownership interests under Corporations Code Section 2000 and related statutes that govern partnerships and LLCs. The decision to seek an appraisal should not be made lightly, since the timing and scope of the appraisal, how and by whom the appraisal is conducted, what discounts to apply, and many other factors, can have a significant impact on the result. We have had substantial success obtaining favorable results for our clients in such disputes. We do this by knowing the law inside and out.
Recognized for their expertise, firm lawyers have authored two of the leading articles in California on disputed dissolutions of privately held corporations. Leverage our knowledge and expertise from the outset of a business divorce, we advise clients on the strategic considerations in demanding, resisting and managing the appraisal process. We often counsel clients on how and when to seek judicial intervention, including the appointment of provisional directors and receivers, the granting of injunctive relief, and the exercise of statutory dissolution or buyout rights. Tapping into our industry connections, we partner with the best business valuation experts. And, when necessary, we prosecute or defend these disputes in court or arbitration.
Litigation among partners, family members, shareholders, and others engaged in close business and personal relationships can be particularly hard on the litigants. Sensitive to these dynamics, we offer our clients many litigation options – from the aggressive pursuit of damages, corporate control or injunctive relief to the development of business solutions that may or may not involve a continued working relationship among the parties.
