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Tell Aaron What Happened

Miami Business Ownership and Control Dispute Attorneys

When conflict between business owners puts money, control, records, property, or the future of a company at risk, the dispute needs a business strategy as well as a legal one.

The Law Offices of Aaron Resnick, P.A. represents partners, shareholders, and LLC members in serious Florida ownership disputes. These matters may involve a deadlock, exclusion from the business, suspected misuse of company funds, a forced buyout, broken governance agreements, competing claims to control, or conduct that may breach duties owed to the company or its owners.

Partnership and shareholder dispute representation, Law Offices of Aaron Resnick

Tell Aaron what happened. What is at risk, who is involved, and whether a lawsuit, hearing, vote, or transfer is pending.

Tell Aaron What Happened Call 305 672 7495

25+Years representing business owners in high-stakes disputes
2013Florida Super Lawyers, every year since
AVPreeminent peer review rating, Martindale-Hubbell

Aaron Resnick is a Miami business litigator with 25+ years of experience. He works with business owners to identify the immediate threat, preserve the available evidence, understand the governing documents, and evaluate paths that may include negotiation, emergency court relief, litigation, a buyout, or an orderly separation.

Call Aaron at 305-672-7495 or request a consultation. Submission of information does not create an attorney client relationship. Do not rely on an online submission to protect a filing deadline, hearing date, or other urgent legal right.

Short Answer

A partnership dispute lawyer helps business owners understand and enforce their rights when conflict threatens the money, management, records, ownership, or future of a company. The work may include reviewing governing agreements, tracing ownership and decision authority, preserving evidence, responding to a lockout or misuse of funds, negotiating a buyout, seeking information, pursuing or defending litigation, and evaluating emergency court relief. The right approach depends on the entity, documents, urgency, and the owner's actual objective.

What Is a Partnership or Shareholder Dispute?

A partnership or shareholder dispute is a conflict between people who own, control, manage, or claim rights in the same business. The parties may be formal partners, shareholders in a corporation, members or managers of an LLC, or participants in a joint venture.

The conflict may begin with a single event, such as a transfer of money, a denied request for records, a disputed vote, or an attempted removal. It may also develop gradually as trust breaks down and the owners disagree about compensation, distributions, hiring, strategy, debt, access, or the future of the company.

The central questions are usually practical:

  1. Who has the legal right to make decisions?
  2. What do the governing agreements and company records actually say?
  3. Is money, property, evidence, or control in immediate danger?
  4. Can the business continue while the owners fight?
  5. Is the objective continued ownership, a negotiated exit, a buyout, dissolution, or damages?

Those questions should be addressed early. A dispute that looks personal can quickly affect banking authority, employees, customers, contracts, real estate, tax reporting, and the value of the company.

When an Ownership Dispute Becomes Urgent

Some conflicts allow time for a deliberate review. Others may require immediate attention.

Contact counsel promptly if another owner has:

  1. Locked you out of the office, bank accounts, email, software, or company systems.
  2. Changed account access, signing authority, passwords, or corporate records.
  3. Transferred company money or property for a disputed purpose.
  4. Refused access to important books and records.
  5. Called a vote or meeting that may change control or ownership rights.
  6. Threatened to destroy records, divert customers, move assets, or compete using company information.
  7. Filed a lawsuit, served a complaint, or scheduled a hearing.
  8. Demanded that you sell your ownership interest on disputed terms.

Urgency does not automatically mean that filing suit is the best first move. It means the facts, documents, deadlines, and available options should be evaluated before the other side changes the practical position of the business.

Partnership and Shareholder Disputes We Handle

Partnership Disputes

Partnership disputes may involve authority, profit allocations, capital contributions, compensation, distributions, expense reimbursement, access to records, management duties, or an alleged violation of a partnership agreement.

Some businesses use the word partner informally even though the entity is a corporation or LLC. The entity documents and actual ownership structure matter more than the label used in conversation.

Learn about partnership dispute representation.

Shareholder Disputes

Shareholder disputes often concern voting rights, board control, dilution, distributions, access to information, executive compensation, related party transactions, minority owner treatment, or the direction of a closely held corporation.

The available path may depend on the corporation's governing documents, ownership structure, prior conduct, and the specific action being challenged.

Learn about shareholder disputes.

LLC Member and Manager Disputes

LLC conflicts may arise over an operating agreement, management authority, capital calls, distributions, member access, admission or removal of members, transfers of membership interests, or the use of company assets.

An LLC dispute should be analyzed through the operating agreement, company records, and applicable Florida law. A title such as member or manager does not by itself answer every question about authority.

Business Deadlock

A deadlock can occur when owners with equal or blocking power cannot make essential decisions. The company may be unable to approve spending, sign contracts, hire leadership, obtain financing, distribute money, or determine its strategic direction.

A fifty fifty ownership structure makes deadlock especially visible, but disputes can also arise where voting thresholds or board composition give different owners the ability to block action.

Business Divorce and Owner Exits

Not every ownership dispute should end the company. A business divorce may allow one or more owners to leave while the enterprise, assets, customers, or projects continue.

The process may involve valuation, payment terms, liabilities, personal guarantees, intellectual property, customer relationships, real estate, tax considerations, and continuing obligations. The goal is not simply to choose a number. It is to understand what is being transferred, what remains at risk, and whether the proposed exit can actually be performed.

Read about business divorce.

Buyout and Valuation Disputes

Owners may agree that someone should leave and still disagree about price, valuation date, discounts, payment security, control during the transition, or responsibility for existing obligations.

Financial statements, tax returns, bank records, compensation history, contracts, debt, owner benefits, and the company's future prospects may all become relevant. Depending on the matter, the legal team may work with accounting or valuation professionals.

Freeze Outs, Lockouts, and Minority Owner Claims

A minority owner may claim that those in control are withholding information, stopping distributions, increasing their own compensation, diverting opportunities, issuing new interests, or using corporate machinery to force an unfavorable exit.

The legal significance depends on the entity, governing documents, facts, and remedies available under Florida law. The page on shareholder disputes addresses this subject in greater detail.

Breach of Fiduciary Duty and Self Dealing

Claims involving alleged misuse of authority may include self dealing, diversion of opportunities, improper transfers, concealed transactions, conflicts of interest, or use of company property for personal benefit.

Not every unfair act is automatically a breach of fiduciary duty. The relationship, entity structure, governing documents, conduct, and resulting harm must be evaluated.

Learn about breach of fiduciary duty claims.

Books and Records Disputes

Company records can be central to understanding ownership, voting, distributions, compensation, transfers, related party transactions, and the movement of money.

A request for records should be specific and strategically planned. The right to inspect, the permitted scope, and the required process may depend on the entity type, ownership status, governing documents, and purpose of the request.

Dissolution Disputes

Dissolution may be considered when the owners cannot continue together or the business can no longer operate as intended. It can affect employees, contracts, creditors, assets, pending projects, intellectual property, tax obligations, and the value that remains in the enterprise.

Because dissolution can destroy value as well as resolve conflict, it should be evaluated against other possible outcomes, including a buyout, negotiated separation, restructuring, or court ordered relief.

Emergency Injunctions

In some disputes, a party may seek temporary court relief to preserve records, assets, access, property, contractual rights, or the existing control structure while the larger case proceeds.

Emergency relief is fact specific and time sensitive. Anyone facing a scheduled hearing, threatened transfer, loss of access, or destruction of evidence should contact counsel promptly and should not depend solely on an online inquiry.

What Documents Matter First?

The first review is usually more productive when the owner can identify the controlling documents and the event that caused the dispute to escalate.

Useful materials may include:

  1. Operating agreements, partnership agreements, shareholder agreements, and amendments.
  2. Articles of organization or incorporation, bylaws, resolutions, and minutes.
  3. Ownership ledgers, membership records, stock records, and transfer documents.
  4. Buy sell agreements, employment agreements, loan documents, and personal guarantees.
  5. Recent financial statements, tax returns, bank records, and distribution records.
  6. Emails, text messages, letters, and notices concerning the disputed conduct.
  7. Meeting notices, voting materials, written consents, and board communications.
  8. Documents showing deadlines, hearings, pending transfers, or threatened action.
  9. A short chronology identifying what changed, when it changed, and who was involved.

Do not alter, delete, or reorganize potential evidence merely to make the file easier to present. Preserve the original material and ask counsel how it should be collected and reviewed.

What Happens After You Contact the Firm?

1. Immediate Risk Review

The firm first identifies deadlines and threats involving money, property, evidence, access, or business control.

2. Conflict and Fit Review

The firm checks the parties involved and determines whether the matter fits its practice. Sending information alone does not mean the firm represents you.

3. Document and Ownership Review

The governing documents, entity structure, ownership records, communications, and key financial material are reviewed to understand the parties' rights and practical leverage.

4. Objective Setting

The client and lawyer identify the real objective. It may be to remain in control, restore access, stop disputed conduct, enforce an agreement, obtain information, negotiate a buyout, exit the company, or defend against claims.

5. Strategy Selection

The available strategy may include a formal demand, negotiated standstill, mediation, document request, buyout process, court action, emergency relief, defense of a filed case, or a combination of these approaches.

Why Business Owners Call Aaron Resnick

Aaron Resnick founded the Law Offices of Aaron Resnick, P.A. in 2005. His practice focuses on serious business and real estate disputes involving owners, investors, closely held companies, and commercial property.

The firm's approach begins with the business reality behind the pleadings. An ownership dispute may affect control, cash flow, employees, customers, financing, reputation, and the value of the enterprise. Legal strategy should account for those consequences rather than treating the matter as an abstract disagreement.

Aaron is an AV Preeminent rated attorney and a past President of the Miami Beach Bar Association. He has been recognized by Florida Super Lawyers and has served in professional and civic leadership roles in South Florida.

Frequently Asked Questions

Can I remove my business partner?

It depends on the entity structure, governing documents, ownership rights, management roles, and the conduct at issue. A partner, shareholder, member, officer, director, or manager may hold different rights. Removing someone from a job or management position may also be different from eliminating an ownership interest. The documents and specific objective should be reviewed before action is taken.

What can I do if my business partner locks me out?

Preserve the messages and records showing what changed, identify any immediate deadlines or threats, and gather the governing agreements and ownership documents. Avoid escalating through self help that could damage the company or evidence. Counsel can evaluate access rights, notice requirements, available demands, and whether prompt court relief should be considered.

Can a fifty fifty owner force a buyout?

Not automatically. A buyout right may arise from an agreement, a negotiated resolution, or a remedy available under the particular facts and law. The owners may also disagree about valuation, payment, liabilities, and control during the process. A review should begin with the governing documents and the precise ownership structure.

What if another owner is using company money personally?

Preserve the records you lawfully possess and identify the transactions, dates, amounts, and people involved. Financial records, authorizations, governing documents, and the business purpose claimed for each transaction may matter. Do not access accounts or systems without authority. Counsel can evaluate what information may be requested and what legal claims or defenses may apply.

Do partnership disputes always go to court?

No. Some disputes are resolved through negotiation, mediation, a buyout, restructuring, or an agreed separation. Litigation may be necessary when the parties cannot protect the business or resolve claims voluntarily, when a lawsuit has already been filed, or when immediate relief is sought. The best process depends on urgency, leverage, documents, cost, and the client's objective.

What is the difference between a partnership dispute and a business divorce?

A partnership dispute describes the conflict. A business divorce describes one possible outcome in which owners separate their interests or end their shared control. Some disputes end with the owners continuing together under revised terms. Others lead to a buyout, sale, restructuring, dissolution, or litigation.

How quickly should I contact a lawyer?

Promptly if you have been served, a hearing is scheduled, records or assets may disappear, access has been cut off, a vote may alter control, or a transaction is about to occur. Even without an emergency, early review can help preserve documents and prevent avoidable actions. Do not rely on an online submission to protect a deadline.

Related Business Dispute Resources

  1. Breach of Fiduciary Duty
  2. Partnership Dispute Lawyer
  3. Shareholder Disputes
  4. Business Divorce
  5. Breach of Contract
  6. Ask Aaron

Tell Aaron What Happened

If a dispute with a partner, shareholder, or LLC member threatens the business, tell the firm what changed, who is involved, and whether any lawsuit, hearing, vote, transfer, or deadline is pending.

Request a consultation or call 305-672-7495.

The firm represents clients in Miami and throughout Florida in appropriate business disputes. Contacting the firm does not create an attorney client relationship. Representation begins only after conflicts are cleared and a written engagement agreement is signed.

Disclaimer

This page provides general information and is not legal advice. Business ownership disputes are fact specific. Reading this page, contacting the firm, or submitting information does not create an attorney client relationship. Do not send confidential or highly sensitive information until the firm confirms representation. If a lawsuit, hearing, injunction request, or other deadline is pending, contact a lawyer promptly and do not rely solely on an online submission.

Questions Partners and Shareholders Ask

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