Fiduciary Duty and Partnership Litigation

We have extensive experience in the resolution of claims involving partnerships or start-ups that center on claims of breach of contract and breach of fiduciary duty. In some cases, our clients seek to preserve or protect the entity; in others they seek its breakup or want to start a competing enterprise. Because such disputes can sometimes cripple both existing and new businesses, this is an area of practice where a proactive, creative approach often generates substantial value for the client.
 
Representative Matters include:
  • Represented a real estate developer in defending claims of breach of fiduciary duty, breach of contract, and fraud related to a dispute within the general partner entity. Successfully convinced the arbitrator to rescind the agreement and restore complete control of the development to our client.
  • Represented a technology company, and its CEO and CFO, in a breach of fiduciary duty and breach of contract case brought by a single shareholder following the company’s completion of a “down-round” of financing. Obtained summary judgment in Santa Clara Superior Court against all of the plaintiff’s claims and a six-figure attorneys’ fee award against plaintiff.
  • Represented winemakers in litigation initiated by the former majority partner and investor. Successfully moved the Sonoma County Superior Court for appointment of a receiver over the winery and oversaw a beneficial settlement of the case promptly thereafter on terms that granted the winemakers the principal assets of the partnership and allowed them to start a successful new winery.
  • Represented company and co-founder of a personal style service start-up in litigation with former co-founder claiming, inter alia, breach of fiduciary duty, fraud, wrongful termination, and retaliation. Successfully resolved matter on the eve of trial in San Francisco Superior Court.

We invite you to learn more about our firm, our practice areas, and our team.