Shareholder Disputes

Commercial Litigation Firm for Nebraska Shareholders

The protection of shareholder rights and interests is a key part of the commercial litigation practice here at DominaLaw Group pc llo. From our office in Omaha, we represent shareholders throughout Nebraska, offering experienced, diligent legal counsel in shareholder dispute litigation related to:

Shareholder Derivative Lawsuits
Filed by a shareholder on behalf of the company, a shareholder derivative lawsuit seeks to hold officers, directors or other shareholders accountable for fraud, negligence or other misconduct that has caused the company harm. Though the shareholder brings the action under his or her own name, the claim belongs to the company. All shareholders benefit from a successful derivative action if a recovery is received by the company. Some examples of grounds for shareholder derivative lawsuits may include breaches of fiduciary duty, fraud, conflicts of interests, corporate waste, insider trading, illegal activity and false or fraudulent accounting.

Shareholder Oppression
Another type of shareholder dispute may involve oppression, where majority shareholders in a company take action that exposes minority shareholders to unfair prejudice. More common in closely-held corporations, where minority shareholders are more vulnerable, shareholder oppression may include such acts as refusing to declare dividends, denial of the right to inspect corporate accounting, or completing mergers/acquisitions without allowing minority shareholders to veto the decision. There is a fine line between avoiding violations of minority shareholder rights while still respecting the clout that majority shareholders may have by being the majority.

Breaches of Fiduciary Duty
The director or directors of a corporation have a fiduciary duty to the corporation and shareholders. This fiduciary duty is an obligation to act in the best interests of the corporation and shareholders and to place those interests in front of the director or directors' own interests. Both majority and minority shareholders may suffer significant losses if directors violate their fiduciary duty and engage in corporate waste, insider trading, mismanagement, fraud or other wrong and outright illegal conduct.

Corporate Waste
Generally considered a sub-category of fiduciary duty breaches, corporate waste cases deal with directors' obligations to protect corporate assets. They must not waste assets, such as by overpaying for property and/or services. Corporate waste is one of the more difficult types of shareholder disputes to handle, as the view of "waste" can be subjective. The plaintiff must prove that the exchange or exchanges were so one-sided that no reasonable business person could have considered them fair.

Other key areas of practice in shareholder disputes include merger and acquisition disputes, disputes between shareholders with equal, 50/50 shares, and shareholder deadlocks.

Omaha Business Lawyers: Protecting Minority and Majority Shareholders

At DominaLaw Group, we liken our legal representation to a surgical procedure. We are engaged for a specific purpose. We go in with a clear understanding of the issue at hand, and with precision, restore the client to good legal health and exit the client's life. Learn more about your options and rights in a shareholder dispute by contacting our office for a free case review.