ALTERNATIVE DISPUTE RESOLUTION:CORPORATE DIVORCE / BUSINESS DIVORCE

Bierce & Kenerson, P.C. has a successful track record of non-litigated dispute resolution and supporting litigation counsel in litigated disputes.

In the non-litigated context of “Corporate Divorce”, we have recovered the value of an enterprise for the founders after major disputes. Such disputes might arise from differences in opinion but sometimes involve money shortfalls, unequal burdens, oppression, non-feasance, misfeasance, breach of fiduciary duty, defalcation and intentional concealment of materially adverse financial conditions. Our objective is to get the parties, who once trusted each other, to recognize their mutual interests for amicable resolution. Our approach begins with a thorough review of the facts, applicable law and business context. Such strategies may include mediation, appointment of a neutral manager to handle finances or operations, internal audits, restructuring roles and responsibilities, sale to an owner or to a third party, or dissolution and restart.

For irreconcilable business disputes, we serve as business counsel to clients in dispute. In collaboration with a litigation firm, we advise clients on litigation process and settlement strategy, particularly on commercial and financial implications. We negotiate and draft settlement agreements as advocates for resolution on commercially reasonable terms.