Business Partnership Disputes

Have you found yourself in a legal dispute with your business partner in Bend, Oregon? A major disagreement can bring your business to a halt or jeopardize its success, which is why it’s critical to seek a swift but effective resolution to the matter. Get the legal help you need to obtain a positive outcome in a legal dispute with your business partners when you contact Bristlecone Law for an initial case evaluation with a business litigation attorney. We look forward to meeting you and advising you on your options. 

Common Causes of Business Partnership Disputes

Various aspects of a business relationship or a company’s operations can lead to disputes between business partners. Some of the most frequent causes of business partnership disputes include:

  • Breaches of partnership agreements: A dispute may occur when one partner purportedly breaches their obligations or another partner’s rights under the written partnership agreement.
  • Disagreements over finances: Partners may have conflicts over expenses incurred by the partnership, misuse of business funds, or the need for capital calls.
  • Perceived unequal contributions: Partners’ relationships can deteriorate when one or more feel like other partners have not pulled their weight, whether due to unequal financial investment or failure to devote equal time or full efforts to the business.
  • Conflicts over management decisions or strategic direction: Partnership disputes may arise over disagreements regarding management decisions or the company’s strategy, including whether to pivot business models, open or close locations, take outside investment, or acquire or merge with other companies.
  • Admission or removal of partners: Conflicts may occur when partners disagree over whether to admit new partners or when one or more partners seek to expel others from the partnership.
  • Alleged misconduct or fraud: Partners may have legal claims against each other that involve allegations of misappropriation of business assets, usurpation of business opportunities, or breaches of fiduciary duties.

Legal Rights and Duties of Business Partners in Oregon

Business partners can outline their rights and duties to each other and to their business through a written partnership agreement. Oregon’s Uniform Partnership Act also governs the interpretation and enforcement of partnership agreements, as well as business partners’ relationships in the absence of a written partnership agreement. State law also has specific rules or principles governing partnerships, including partners’ fiduciary duties. Typical fiduciary duties include:

  • Duty of loyalty: Under the duty of loyalty, a partner must not engage in self-dealing or act under a conflict of interest to the partnership’s detriment.
  • Duty of good faith: The duty of good faith obligates partners to exercise their rights and fulfill their duties prudently.
  • Duty of fair dealing: The duty of fair dealing requires partners to refrain from concealing material information about the partnership or engaging in disparate treatment of partners.

Note that state law also recognizes oral or implied partnerships when business partners do not have a formal written partnership agreement.

Business partners’ rights and duties often play a central role in partner disputes, as they can determine which partner prevails in a legal matter and what relief a partner might obtain in a case. Breaches of a partnership agreement or violations of fiduciary duties can lead to significant legal and financial consequences, so it’s critical for business partners to have experienced counsel advising them and advocating on their behalf.

Options for Resolving Partnership Disputes

Partners may have various options for resolving their legal disputes. First, they may try to negotiate a resolution or settlement of a dispute, which may preserve the partnership or business or give an aggrieved partner some form of relief. Partnership agreements may also have contractual provisions to resolve disputes that partners cannot settle, such as buy-sell agreements or mandatory dissolution. Partners can also agree to a buyout or dissolution, which may require a valuation of ownership interests or business assets.

Partners may agree to submit a dispute to alternative dispute resolution, such as mediation or arbitration, or their partnership agreement may contain a mandatory alternative dispute resolution clause. In the absence of alternative dispute resolution, partners may escalate a dispute to court litigation.

Remedies and Outcomes in Oregon Partnership Disputes

A partner who brings a legal claim or dispute against their other business partners may pursue various forms of relief, such as:

  • Monetary compensation for financial losses caused by breaches of the partnership agreement or breaches of fiduciary duties
  • Mandatory accounting of the partnership’s finances
  • Production or inspection of books and records
  • Injunctive relief to bar or mandate specific actions by partners or the partnership
  • Forced buyout of a partner’s interest
  • Dissolution of the partnership

Partners may pursue an outcome to a legal dispute through mediation, arbitration, or litigation. Even when a partnership dispute goes to trial, a party aggrieved by the trial court’s judgment may continue to pursue the dispute through appellate litigation.

How an Oregon Business Litigation Attorney Can Help

If you have a legal dispute or claim involving your partners, an attorney from Bristlecone Law can help you seek a favorable resolution to your case by:

  • Reviewing your partnership agreements and applicable Oregon partnership laws to assess your legal rights and options
  • Discussing the facts of your case and your goals to identify tailored solutions for your situation
  • Vigorously negotiating on your behalf to pursue a fair and favorable settlement
  • Representing you during mediation or in arbitration, should you choose to submit your dispute to alternative dispute resolution or your partnership agreement requires mediation or arbitration
  • Advocating for your interests in court should a partnership dispute escalate to litigation

Our firm takes a strategic, cost-effective approach focused on achieving your core objectives in your case. Let us help you restore stability to your business or provide you with a fair exit. 

Why Choose Our Firm?

A serious disagreement with your business partners can derail your company, which is why you need experienced legal counsel to help you protect yourself, your business, and your reputation. Let a business partnership disputes lawyer from Bristlecone Law help you pursue a fair and favorable resolution to legal issues with your partners because:

  • Our firm will treat you with the respect and honesty you deserve. We strive to make working with us feel like a conversation, not a confrontation, so that you feel comfortable trusting us with your legal and financial issues.
  • We put people before process. Our attorneys will take the time to listen to your story and understand your concerns, needs, and goals. That way, we can develop tailored legal solutions and help you make informed decisions about how to best protect your interests.
  • Our legal team has built in-depth professional relationships throughout our community with businesses, courts, and our peers in the legal industry.
  • Our attorneys will work diligently to resolve the legal challenges you face as efficiently and favorably as possible, so that you can move forward with your business or professional interests.

Contact Our Firm Today for Legal Guidance and Advocacy

Serious disagreements or allegations of misconduct between business partners can threaten a company and cost parties considerable time, money, and professional reputation. Don’t try to resolve the issue alone. Instead, contact Bristlecone Law today for a confidential consultation with a business litigation attorney to learn more about your legal options for protecting your rights and interests.

B_image B_image  Bristlecone Law B_image  Bristlecone Law

Take the First Step in Resolving Your Legal Matter

If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.