Business Divorces

Texas Partnership Dispute Lawyer

Contact Central Texas Business Law and Tax Law Attorney John McDuff

Business divorce is just that — a parting of the ways, legally and financially, of partners who have until now shared authority in operation of a business. The need for a business divorce takes many people by surprise. A partnership of many years may dissolve as a result of disagreements such as the following:

• One partner alleges that the other has become greedy, taking most of the profits for himself or herself.
• The partners disagree on business decisions: for example, one wants to hire or fire workers while the other does not believe that to be the right approach.
• One partner or the other seeks to make important decisions without the other’s consent.

Confronting the Dark Side of a Partnership

And on occasion, there is a dark side. One partner seizes all of the money and changes the locks on the doors. One partner slanders the other, to all of the suppliers and customers of the business. Perhaps the partnership consisted of a money partner, an idea partner, and a service partner. When the idea partner’s concept is put into action, the other partners try to squeeze him out. Or, one partner files suit on the other, before any notice of a parting of the ways is given.

When there is a dark side, you almost always need immediate, very aggressive litigation. It is necessary to confront and beat the dark side.

Whatever the reason or the source of a business partnership dispute, you need to consult with an experienced business litigation lawyer sooner rather than later. contact John McDuff, Attorney at Law at 512-457.1177, to schedule an appointment. Based in Austin, my firm serves clients throughout Central Texas.

John McDuff, Attorney at Law helps ensure that clients facing business dissolutions emerge from the “divorce” with all available legal protections and the most favorable financial settlement that is available under the circumstances.

The quality of my work is well recognized by my clients, and I have received the AV rating* under Martindale-Hubbell’s peer review rating system. Personal service and a commitment to excellence are hallmarks of my law firm. My clients have access to me by email and cell phone 24/7/365 throughout the duration of a business divorce case.

Whether the point of contention is settled through negotiations, through Mediation or in the courtroom, valuation of assets, including good will and trade secrets such as customer lists, will most likely figure into the equation.

To accomplish a business divorce that does not devastate one or both parties, you may need to restructure debts, deal with sales tax arrearages and keep in mind tax consequences. Mr. McDuff is well experienced in all these and many other potential problems that may require resolution in preparation for your business divorce.

As in the case of a marriage, reconciliation and restructuring of the partnership may be an option that you wish to consider, though this type of resolution is infrequent. If reconciliation is impossible, as will almost always be the case, a negotiated or mediated settlement may bring about a much-needed solution such as one partner getting the business, and the other getting cash, a note, and a lien on the company’s assets. Of course, polite, or vigorous, litigation may be necessary. I can negotiate or litigate, as the situation may need.

Know your rights and understand how to protect them throughout the process of a business divorce. Call 512.457.1177 or e-mail the law firm of John McDuff, Attorney at Law, to schedule an appointment. My clients are predominantly from Austin and Central Texas, and occasionally from other states.

*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.