Our firm handles a wide variety of business disputes, including disputes between partners, joint ventures and shareholders, and claims involving breaches of fiduciary duties, tortious interference with contractual and business relations, misappropriations of trade secrets and corporate opportunities, deceptive trade and debt collection practices, unfair competition claims, and real estate disputes/foreclosures. Representative cases include:
- Convinced a Hall County Superior Court that a tax preparation company’s client information is entitled to trade secret protection (affirmed in relevant part on appeal at Paramount Tax & Accounting, LLC v. H & R Block Eastern Enters., Inc., 299 Ga. App. 596, 683 S.E.2d 141 (2009)).
- Successful defense of a large healthcare provider against a competitor’s action seeking millions of dollars in damages and injunctive relief under a theory of that the client’s relationship with the plaintiff’s former medical director constituted tortious interference with contractual and business relations.
- Successfully prevented a Georgia government agency from releasing a client’s trade secret and confidential information (contained in its RFP proposal) to a business competitor.
- Convinced a Fulton County jury that business owners breached fiduciary duties owed to their co-owner by manipulating accounting records to conceal company profits.
- Obtained a preliminary injunction prohibiting a lender from completing a non-judicial foreclosure based upon alleged defaults under a promissory note.
- Obtained a preliminary injunction preventing a landowner from erecting an obstruction on its property that would interfere with the ingress and egress to our client’s adjoining property.
Additionally, we are well known throughout the State of Georgia and beyond for our expertise in the area in which the private sector and the public sector intersect. Our in depth knowledge of constitutional and administrative law has given us the opportunity to successfully represent the interests of our business clients in all manners of disputes involving overreaches by federal, state and local government entities. These actions involve breaches or terminations of government contracts, bid protests, contractor debarment proceedings, and actions involving the selective enforcement of government regulations, and over-regulation of land use. Some of our successes in this area include:
- Convinced the Georgia Department of Administrative Services to disqualify the contractor selected for award of a Department of Corrections commissary contract valued at over $15,000,000 per year, and to award the contract to our client, a consortium of small family-owned Georgia businesses.
- Successfully defended a construction contractor proposed for debarment within the State of Georgia for alleged shoddy workmanship.
- Convinced a Fulton County jury that Fulton County was selectively enforcing its erosion control ordinances against a large developer because of a grudge held by a Fulton County Commissioner.
- Convinced a superior court judge that a developer’s preliminary permit was void, which precluded development of sixteen homes on two lots within an established in town neighborhood.
- Convinced a Henry County Superior Court judge that the City of Hampton’s moratorium on the issuance of building permits was unconstitutional.
We are problem solvers. If your business has a problem with an employee, another business or the government, please give us a call.
Shareholder and Partnership Disputes
When business disputes arise, we can help.
Our attorneys are experienced in aggressively and professionally representing your side in business and contract disputes. Shareholders and partners in closely held companies frequently have disputes about how to operate their businesses and how to record and allocate profits and losses. These complex disputes are usually aired in the courts or before arbitration panels and may involve claims alleging shareholder oppression, breach of fiduciary duty, conversion, fraud, and misappropriation of corporate opportunities. Proof of damages in these cases usually require a detailed examination of the business’s books and extensive expert testimony.
Parks, Chesin & Walbert attorneys have handled a number of such cases in this area, including:
- Litigating and then favorably settling in mediation a case brought by a minority shareholder alleging oppression, conversion, RICO, breach of fiduciary duty, breach of the shareholder agreement, and fraud claims arising from alleged corporate mismanagement.
- Convincing a Fulton County jury that company owners breached fiduciary duties to an employee whom they had promised an interest in the business, resulting in a substantial verdict compensatory and punitive damage verdict for the employee.
- Successfully litigating a case brought by a company against an employee and minority shareholder for misappropriation of corporate assets.
Whether you are a business seeking to avoid a complicated and costly separation, or a shareholder or partner trying to do the same, call us to assist you in reaching your common goals.