About the Course:
Shareholder oppression is the mistreatment of minority shareholders in closely-held companies. Such mistreatment can be in the form of depriving shareholders of critical company information; termination of their positions; refraining to pay dividends or to disburse distributions; self-dealing transactions; or, the usurpation of corporate opportunities.
This seminar provides an extremely thorough overview of shareholder oppression. A review of the circumstances that often precede shareholder oppression litigation as well as typical oppression scenarios are provided. Keen insight relative to pursuing legal remedies is imparted. Finally, best practices for negotiating oppression suits so as to avoid lawsuits -- or to prevail in litigation -- are conveyed.
If you don't know the answers to questions such as these, you really should listen to this webinar:
- What are the standing requirements to pursue shareholder oppression cases?
- When is it advisable to file derivative claims suits?
- To what extent are attorney's fees recoverable?
- What is the significance of the Requirement of Prior Demand?
- Under which circumstances could punitive damages be imposed?
- What kinds of exposure do partnerships and subchapter S corporations have to shareholder oppression issues?
- To what extent do directors have fiduciary duties to minority shareholders?
- How much of a handicap is presented when shareholders--wishing to pursue oppression cases--do not possess Shareholder Certificates?
- How common is it for venture-backed companies to face shareholder oppression litigation?
- How should negotiations be managed when realizing that litigious minority shareholders will likely remain shareholders even after the litigation runs its course?
- How should Inspection Demands be used in negotiations?
- Should minority shareholders negotiate legal rights?
- How should buy-out offers be handled in negotiations?
- Under what terms should the majority shareholders engage a valuation firm?
- What instructions should minority shareholders convey to their valuation firm?
- How advisable is it for the majority shareholders to "request further information" as a negotiating tactic?
- Who should solicit settlement demands?
- What are some of the claims that should be inserted in an oppression suit?
Course Leader: F. Eric Fryar, Senior Partner, Fryar Law Firm, P.C.
For more than twenty years, Eric has been helping clients deal with complex and difficult disputes involving their business partners. He counsels both shareholders and corporations prior to the commencement of litigation so that they may resolve disputes and legal issues without going to court or be best prepared to prevail if litigation becomes unavoidable. He advises minority shareholders on their rights and assists them in addressing potentially oppressive behavior, in particular the withholding of corporate information. He also assists majority shareholders in avoiding the traps and mistakes that can result in significant exposure.
Eric is frequently asked to consult with other counsel on on-going shareholder oppression matters to act as co-counsel or as a resource. He assists other attorneys and their clients in best positioning themselves for success in litigation, choosing the best litigation strategy and strongest legal theories, and avoiding pleading and jurisdictional issues that are unique to shareholder oppression and derivative claims.
Course Length: Approx. 1.5 hours
This session is free for Devil's Advocate Auditors. All others - $295 PER USER.
Purchase Now:
Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at registration@bdacademy.com.