Business Divorce Attorney in Beverly Hills, California

How do we maintain the business while we are fighting over it?

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So, it’s very important to maintain the
value of a business while um people are
fighting over it. Our firm handles a
great deal of what we call business
divorces. So, they’re talking about
partners who no longer want to be
partners or people who are involved in a
corporation that no longer want to be
involved. And this is a very common
occurrence. And usually in the life of
any enterprise this is going to come up
at one time or another. Now going into
these things we plan for that when we
prepare documents uh including operating
agreements and partnership agreements
for the eventuality that the partners
will not want to be partners later in
the future and provide a smooth
efficient and objective way for them to
separate. Now most of the cases that are
brought to us when there are disputes is
because somebody did not plan for that
and those terms are not in their
partnership agreements. So it is
important in that circumstance while
these two uh disputants now are not
cooperating with each other to maintain
a commonality with the opposition in
order to preserve the value of the
business. What I like to say is that we
want to preserve the size of the pie
while we fight about how we are going to
split it. And so we bring a uh an air of
cooperation in addition to uh being
aggressive in terms of moving towards a
resolution uh with the other side in
order to maximize the value of the asset
and maintain the value of the asset
while we debate how we’re going to uh
divide it. Now, one of the things we
like to do is to try to keep the
temperature down by engaging in
alternative dispute processes if we are
dealing with a cooperative party such as
mediation and even arbitration.
Sometimes we need to have a third party
like a third director appointed to
assist the parties where they can’t
agree and sometimes they don’t want to
agree with each other just because they
don’t want to agree not because it’s the
best thing for the business. So, it’s
important for us to maintain that air of
cooperation while we aggressively assert
our client’s rights for his share of
that pie. But we want to keep the pie as
large as possible for that ultimate
division.

Los Angeles, CA commercial litigation attorney Steven Morris talks about how to maintain your business while you are fighting over it. He emphasizes that maintaining the value of a business during disputes is critically important. His firm handles many “business divorces,” which involve partners who no longer wish to remain in a partnership or individuals who want to exit a corporation. This type of situation is common and, in the life of any enterprise, is likely to arise at some point.

When preparing documents such as operating agreements and partnership agreements, he plans for the possibility that partners may want to separate in the future, providing a smooth, efficient, and objective mechanism for that separation. However, most cases brought to the firm involve disputes where such planning was not done, and the partnership agreements lack clear provisions.

In those circumstances, while the disputing parties may be uncooperative, he stresses the importance of maintaining a working relationship with the opposition to preserve the business’s value. He often says that the goal is to “preserve the size of the pie while determining how to split it.” His approach balances cooperation with aggressive advocacy, ensuring that his client’s interests are protected while maximizing and maintaining the value of the business asset.

He also advocates for keeping tensions low by engaging in alternative dispute resolution processes when possible, such as mediation or arbitration. In cases where parties refuse to agree—even when agreement would benefit the business—he may involve a neutral third party, like a third director, to assist in resolution. The strategy is always to combine assertive protection of his client’s rights with efforts to preserve the business’s overall value for the ultimate division.

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