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SHAREHOLDER RIGHTS, FIDUCIARY

LITIGATION, & CLASS ACTIONS

As the baby boomers retire, we are witnessing one of the largest inter-generational wealth transfers in history. As more inexperienced individuals are serving as trustees, and family dynamics come into play, there has been a corresponding rise in disputes by and among beneficiaries and fiduciaries concerning estate plans and the administration of estates and irrevocable trusts. Our attorneys handle all aspects of fiduciary estate litigation, including will contests, probate and estate litigation, trust disputes, competency issues, undue influence, breach of fiduciary duty claims, and guardianship litigation. Our experience includes representing beneficiaries against the designated trustee, institutional trustee or executor, as well as representing the estate against a disgruntled beneficiary.

On the corporate side, we handle a variety of matters, ranging from minority shareholder oppression, embezzlement, unfair business dealings, abuse of corporate powers, derivative suits, judicial dissolution, forced buyouts, partnership issues, and fiduciary obligations. As with all of our practice areas, Rosenwood Rose attorneys are trial lawyers, not plaintiff lawyers or defense lawyers, and are equally comfortable representing the minority shareholder or the corporate board or managing shareholder.

REPRESENTATIVE MATTERS

 

  • Successfully forced 51% owner of corporation to purchase 49% percent owner’s interest in the entity following management dispute over direction of the business and failure to include minority shareholder in day-to-day decision-making.

  • Successfully forced minority shareholder to tender shares to the company following dispute over distributions and relative contributions.

  • Successfully forced 50% owner of architecture firm to sell his interest in the entity pursuant to payment plan arising from dispute over changes in relative compensation and contributions over time.

  • Successfully forced corporate board to designate client as a board member to represent interests of minority shareholders and to adjust voting percentages to give minority ownership group sufficient control over company direction.

  • Successfully litigated derivative suit by minority shareholders against managing partner in large family-held business to divest managing family member of control over business assets.

  • Successfully litigated to have guardian of the estate appointed to protect estate from waste and self-dealing by executor.

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