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with shareholder disputes you need to
understand
what the goal is of both the shareholder
where they see him or herself within the
business and where they see him herself
several years down the road with the
shareholder dispute oftentimes if you’re
representing the company you want to
make sure that the shareholder dispute
doesn’t become such a distraction
that the company is negatively impacted
from a financial standpoint
if you’re representing the shareholder
you want to make sure that if they he or
she is getting bought out
that the restrictions that might be
imposed upon them are not so onerous
that they cannot go out and earn a
living
once they’re bought out so it’s
important to understand where the client
sees themselves
now at the commencement of the
shareholder dispute and also where they
see themselves you know several years
down the road so we can build
our case to best approach and best be
able to suit that outcome anytime we
take on a litigation we prepare it like
it’s going to trial that’s the that’s
the method and manner in which we can
get the best outcome for the client even
if that means settling shortly after
commencement even if it means settling
at mediation or just prior to trial we
take on every case like we’re going to
try it because if if you don’t prepare
that way i think you’re doing a
disservice to your client
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Oakdale, MN commercial litigation attorney Brandon Schwartz shares his approach to handling a shareholder dispute. He notes that with shareholder disputes, it’s crucial to understand the goals of both the shareholder and the company. For the shareholder, it’s important to know how they see themselves within the business now and where they envision themselves several years down the road. For the company, the focus is on ensuring the dispute doesn’t become such a distraction that it negatively impacts the business financially.
When representing a shareholder, he notes, it’s essential to ensure that any buyout terms or restrictions aren’t so onerous that the individual cannot continue to earn a living afterward. Understanding both the immediate and long-term perspective of the client allows the attorney to build a case strategy that best suits the desired outcome.
He emphasizes that every litigation matter is prepared as if it’s going to trial. This method ensures the best possible outcome for the client, whether that results in an early settlement, a mediated resolution, or a trial verdict. Preparing each case as though it will go to trial, he asserts, is the most effective way to serve the client’s interests.
