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Family and Closely Held Company Litigation
Many Hawaii family businesses that have been led into the next successive family generation of owners inevitably incur protracted, emotional, and complex family disputes within the organization. When this occurs, it is imperative that the involved family members get experienced and competent legal representation that can represent family members/owners in either mediated settlements or, in some cases, court-involved litigation. We represent corporation, partnerships, limited liability companies, as well as individual shareholders, officers, and managers.
These disputes may include a multitude of topics, including:
- Multiple family members who are not involved in operating the business but desire equal profit participation with the other employee-owners.
- Disputes as to future control and management of the Company.
- Disputes between a Founder’s spouse and adult children from a previous marriage over corporate operations.
- Unclear or vague direction and future of the Company leading to dissolution or liquidation of the Company.
- Disputes as to a present or future opportunity to sell some or substantially all of the assets of the Company.
- Disagreement as to the way to pay estate taxes or other major debts of the Company.
- Valuation disputes contained in existing shareholder agreements or buy-out agreements among family members.
- Disputes concerning the interpretation or implementation of bylaws, articles, or operating agreements of the Company.
- Issues with respect to self-dealing or self-interested transactions by certain owners of the Company involving Company assets or opportunities.
- Poor or non-existent exercise of business judgment by management as to ongoing business decisions.
- Lease disputes with landlords or tenants.
- Failure to provide corporate records or information in order to keep shareholders or members fully informed.
- Failure to pay corporate dividends or profits on a regular basis or when appropriate.
- Shareholder agreement or bylaw disputes.
- Operating agreement disputes in family LLCs.
Over the last 30 years, McDonald Rudy has represented family members in successful mediations through aggressive, knowledgeable, and experienced preparation. When required, the firm has also represented countless well-established companies and families regarding family disputes in the business context. When aggressive litigation is called for, we provide aggressive and thorough representation throughout the State of Hawaii.
- Multiple family members who are not involved in operating the business but desire equal profit participation with the other employee-owners.
- Disputes as to future control and management of the Company.
- Disputes between a Founder’s spouse and adult children from a previous marriage over corporate operations.
- Unclear or vague direction and future of the Company leading to dissolution or liquidation of the Company.
- Disputes as to a present or future opportunity to sell some or substantially all of the assets of the Company.
- Disagreement as to the way to pay estate taxes or other major debts of the Company.
- Valuation disputes contained in existing shareholder agreements or buy-out agreements among family members.
- Disputes concerning the interpretation or implementation of bylaws, articles, or operating agreements of the Company.
- Issues with respect to self-dealing or self-interested transactions by certain owners of the Company involving Company assets or opportunities.
- Poor or non-existent exercise of business judgment by management as to ongoing business decisions.
- Lease disputes with landlords or tenants.
- Failure to provide corporate records or information in order to keep shareholders or members fully informed.
- Failure to pay corporate dividends or profits on a regular basis or when appropriate.
- Shareholder agreement or bylaw disputes.
- Operating agreement disputes in family LLCs.
Free Phone Consultationwith Michael D. Rudy*
Please prepare the following for your free phone consultation: - Timeline of your case
- Synopsis of facts
- Supporting documentation
- List of names of key participants.
- Timeline of your case
- Synopsis of facts
- Supporting documentation
- List of names of key participants.
MICHAEL D. RUDY
Founding Partner
MICHAEL D. RUDY is a founding partner of MacDonald Rudy O’Neill & Yamauchi, a Limited Liability Law Partnership, LLP. Mr. Rudy founded the firm in 1992 and has concentrated his practice over the last two decades in the area of trust and estate litigation in both state and federal courts. Mr. Rudy has litigated extremely large trust and estate litigation contests as well as more modest size disputes throughout the State of Hawaii. Mr. Rudy’s practice is focused on wills, estates and trust litigation, business transactions and formations, contested guardianships and conservatorships, simple and complex probate, business and real property disputes.
*Free consultation is only an assessment of your potential case with our firm. The free consultation shall not include any specific legal advice.
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