SERVING CLIENTS ACROSS THE U.S. · CROSS-BORDER PERSPECTIVEImmigration · Business · Cross-Border Disputes
LEGAL SERVICES

Founder & Shareholder Disputes

When cofounders fall out, the company usually suffers before anyone reads the shareholders' agreement. Who controls the bank account and the code repository this week matters as much as who is right. We help founders and shareholders stabilize the situation, understand what the documents actually give them, and reach a resolution that leaves a company worth owning.

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HOW WE HELP

What we look at first

01

The governing documents

Shareholders' agreements, vesting and repurchase terms, voting arrangements, board composition and the bylaws—read for what they permit, not what the parties assumed.

02

Control and continuity

Access to accounts, systems, IP and customers; authority to sign; the steps that protect the company while the dispute is resolved and the steps that would make it worse.

03

Resolution options

A negotiated separation with a buyout, mediation, a repurchase under the existing terms, or formal proceedings where the documents or the conduct justify them.

04

Cross-border dimensions

Founders in different countries, a parent entity abroad, or shareholders whose rights are governed by another system. We handle the U.S. side and coordinate the rest.

OUR APPROACH

How the matter proceeds

01

Stabilize

Identify what needs protecting immediately and do it.

02

Review

Analyze the agreements, the conduct and the applicable law.

03

Resolve

Negotiate the exit or pursue the proceeding that the facts justify.

COMMON QUESTIONS

Common questions

Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.

Can a cofounder be removed immediately?+
Only if the documents allow it and the process is followed. Removing someone as an officer, as a director and as a shareholder are three different things with three different sets of rules.
Who owns the code written before incorporation?+
Whoever wrote it, unless it was assigned to the company. This is the most common surprise in founder disputes and the strongest argument for doing the assignment on day one.
Should I stop paying a cofounder who has stopped working?+
Not without advice. Salary, vesting and repurchase have separate rules, and an unlawful step can hand the other side a claim they did not have.
THE NEXT STEP

Ready when you are.

Briefly describe your legal needs. We offer a complimentary initial consultation and will discuss the next steps with you.

Request a consultation