Missouri Office:
2123 Marconi Ave.
St. Louis, MO 63110
(314) 656-6927

New York Office:
1180 Avenue of the Americas Suite 1920
New York, NY 10036
(212) 401-4008

Michigan Office:
1361 E. Big Beaver Rd.
Troy, MI 48083
(248) 457-9200

Locations

SHAREHOLDER DISPUTES AND OTHER BUSINESS BREAKUPS

Mantese Honigman, PC represents shareholders, LLC members, and partners in ownership disputes and company breakups. Through decades of experience in this area, the firm’s partners and associates have mastered the intricacies of operating agreements, shareholder agreements, partnership agreements, and principles of shareholder and member oppression and fiduciary duties. The firm handles business cases across the country.

MH fights tenaciously to protect the interests of shareholders, members and partners being squeezed out of the benefits of ownership. Every day, we litigate cases involving denial of company information, withholding of dividends, usurpation of corporate opportunities, self-dealing, and misappropriation of funds. While MH regularly represents plaintiffs who have been subject to unfair and oppressive conduct by directors and others in control of privately owned businesses, we also draw on our substantial experience litigating corporate fiduciary matters to help responsible majority owners resolve disputes with officers, directors or minority owners.

We have recovered hundreds of millions of dollars for our clients nationwide.

We have published extensively on these issues and some of our articles include:

In 2013 and again in 2018, Mantese Honigman attorneys presented to Business Court Judges on Michigan on shareholder oppression issues.

Moreover, Mantese Honigman handled the only two shareholder and member oppression cases that have been decided by the Michigan Supreme Court, and the firm succeeded in establishing important rulings cited in hundreds of publications and other cases.

  • Madugula v. Taub, 496 Mich. 685 (2014) Gerard Mantese argued this case in the Michigan Supreme Court. (Before joining the firm, Doug Toering served on the committee that drafted the amicus brief on behalf of the State Bar of Michigan’s Business Law Section.) The Court held that the oppression action is equitable, empowering the trial court with wide latitude in resolving shareholder disputes, and that violation of a shareholders’ agreement can be evidence of oppressive conduct.
  • Frank v. Linkner, 500 Mich. 133 (2017) Gerard Mantese argued this case in the Michigan Supreme Court. The Court held that the LLC member action statute, Michigan Compiled Law 450.4515, contains a statute of limitations, not a statute of repose; that oppressed LLC members may be able to sue even before incurring financial harm; and that LLC members may suspend the statute of limitations from running if there is fraudulent concealment of relevant facts.
If you are involved in or threatened with a business dispute, we can help. Our experienced attorneys can quickly analyze your situation, evaluate different avenues towards resolution, and take immediate action to protect your interests. When everything you’ve worked for is at risk, Mantese Honigman works with you to find the best way forward.