Mike Zdeb is a Partner in our
Chicago office
Disagreements among owners of business enterprises can result in
the threat of litigation and frequently in litigation. The
litigation can be in the nature of breach of fiduciary duties,
shareholder oppression, member oppression, dissolution proceedings
and dissenters' rights.
Prior to the prospect of the court ordering a result, the
parties need to consider what the court can order. In cases
involving oppression or breach of fiduciary duties among them, one
commonly applied remedy is the buy-out order.
That is, if the court finds the need to separate the parties, it
may order one to sell and the other to buy. Whether the oppressing
or oppressed party is a forced buyer or seller is a separate
discussion. In any event, the "price" is central as
one will buy-out the other by court order.
