Miami, Florida, Shareholder Disputes Law Firm

Partnership disputes often end in litigation, which almost always signals the end of the partnership. The same can be said for limited liability companies and closely held corporations. Partnership disputes most frequently arise from a real or perceived breach of trust by one or more partners against another or the remaining partners. Typically, the breach of trust involves money and includes self-dealing, failing to account for money or other assets, profiting individually from a partnership opportunity or, simply, theft.

Well-drafted partnership agreements, stockholder agreements in the case of corporations, and operating agreements in the case of limited liability companies, can aid in bringing these disputes to resolution more quickly than in cases where no such agreements exist. Such agreements do not often end disputes, but they provide the framework against which an allegedly errant partner's conduct can be judged.

Many partnership disputes require an accounting of the partnership's activities and those of the individual partners whose actions are challenged. As in other types of business litigation, the services of a skilled forensic accountant are required. Consequently, it is advantageous to hire counsel who has knowledge of accounting and taxes, who readily understands the forensic accountant's conclusions and counsel who is able to present those conclusions in a forceful and understandable manner.

Our commitment to excellence has been recognized by several prominent organizations and other attorneys. Mr. Payton has been selected for inclusion on the list of Florida Super Lawyers since 2006. He has achieved an AV Preeminent peer review rating* through Martindale-Hubbell's peer review rating process. Mr. Payton is one of very few Florida lawyers certified by The Florida Bar as a specialist in two areas: civil trial and business litigation.

Our lawyers regularly handle complex disputes involving shareholders, partners, investors and other intra-organizational litigation, including:

  • Derivative lawsuits
  • Director and officer liability
  • Breach of fiduciary duties
  • Joint venture disputes
  • Breach of partnership agreements

Payton & Associates, LLC, represented shareholders in a derivative action against a corporate officer who violated fiduciary duties. We won more than $10 million. Our lawyers also obtained a six-figure consent judgment on behalf of our clients in a business partnership/joint venture dispute. The entire award was collected. For more information about the types of cases we handle, visit our representative cases page.

Contact our South Florida law firm online or call us at 305.372.3500 ext 115 to schedule a consultation with a Miami shareholder litigation attorney dedicated to providing professional representation and personalized service.

*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

Payton & Associates, LLC - Litigation