Corporate & Partnership Litigation

The Law Offices of Anthony C. Duffy represent clients in a diverse range of corporate, partnership and limited liability company civil litigation and disputes.

Attorney Anthony C. Duffy is a qualified and accomplished attorney with an extensive record of successful results in handling complex and other business litigation matters for clients in Orange County and throughout California, and in other States.

Businesses take different forms. General partnerships, limited partnerships, limited liability companies, associations and joint ventures are among the entities business people and entrepreneurs commonly use to conduct their businesses and to associate with each other.

Many businesses are organized and operate with private ownership, while public corporations’ securities may be offered and sold through securities markets.

Limiting the personal liability of the company owners and other principals is a major consideration differentiating general partnerships, and the general partners in limited partnerships, from other entities.

Limited liability companies, corporations and limited partners can benefit from their principals avoiding personal liability. However, they must  comply with applicable laws, including the requirements and procedures in the California Corporations Code and related statutes and judicial authorities.

Failure to adhere to those statutes and other relevant laws can subject the company and ownership to unintended and harmful personal liability and other adverse consequences, including by “alter ego” claims and disregard of the separate company entity.

Disputes among the owners and promoters are common sources of litigation, including the following:

• Noncompliance with applicable California or Federal laws, including securities and tax laws
• Disagreements and lack of agreement among the owners
• Misrepresentations, whether fraudulent or negligent
• Breaches of shareholders’, partners’ or members’ rights, including by majority against minority owners
• Violation of shareholder, partnership or limited liability company contracts, such as shareholder agreements and membership or operating agreements
• Employment issues, including terminations and public policy violations
• Ownership of property, including intellectual properties and trade secrets
• Failure to comply with buy-sell requirements and contract terms
• Failure to issue corporate securities in compliance with the California securities statutes and other laws.
• Disputes about sales and transfers of companies
• Third party claims, including from competitors and adversaries
• Disputes about liquidation and dissolution of companies
• Disputes about the financial condition and activities of the company, including loans and other financing transactions
• Disagreements by the ownership as to the proper and productive course of company plans, budgets and operations.
• Accounting disputes
• Employee vs. independent contractor issues
• Tax reporting and allocations
• Claims arising from situations not anticipated by the company or its principals.

Owners who were enthusiastic in forming and starting their business may find themselves in disagreement and arguments about how the company actually operates or whether the business should be continued.

Many legal disputes are forms of business “divorces” or controversies among formerly compatible colleagues.

Regardless of the causes and circumstances, disagreements can lead to lawsuits, arbitrations and other legal proceedings involving the business entity, its owners, management, employees and affiliates.

A significant percentage of business litigation in California and other States and others arises from corporate, partnership and company disputes.

These lawsuits and other legal proceedings can be prevented or settled in some instances.

However, disagreements, uncertainties and adverse situations can result in litigation that cannot be avoided because of the significant claims, liabilities, properties and business interests involved.

Lawsuits often are brought against businesses which have not violated these laws, but which are required to defend themselves against unwarranted claims and litigation.

Whether the companies or their principals are plaintiffs or other claimants or are defending such claims, the companies and these individuals require proper and effective legal representation. The choice of qualified legal counsel is a critical decision.

This area of law is complex, involving statutes, regulations and judicial decisions, both State and Federal.

Experienced and knowledgeable legal representation is required to advise and advocate for these companies and affiliated persons in disputes and if litigation is initiated.

Companies, their ownership and entrepreneurs, of whatever size, need practical advice and solutions from their chosen attorney to protect their interests and enforce their rights.

The legal counsel must have sound judgment and an extensive range of experience in these areas of law.

The attorney must be able to evaluate the client’s legal position, to counsel the client and to determine an effective and efficient course of action to serve the client’s interests and objectives.

In addition to pretrial and discovery proceedings, the attorney must be skilled and qualified in presenting the client’s case, whether in Court, before a judge or jury, and in arbitration and other proceedings.

Sensitivity to the costs of lawsuits is important and is part of the effective judgment and professionalism that should be sought in choosing legal counsel.

Mr. Duffy has litigated hundreds of cases in Federal, California and other States’ Courts, and in arbitrations, administrative proceedings and mediations, including newsworthy and publicly reported cases and appeals. Highly respected in the legal community, Mr. Duffy has attained a peer review rating of AV Preeminent*, signifying extraordinary legal ability and the highest standard of ethics.

A top honors graduate of Stanford University, and with a J.D. degree from the Yale Law School, Anthony C. Duffy has obtained significant victories and settlements for numerous clients, including a jury verdict exceeding $97 million.

In defending against business and real estate lawsuits, he has saved clients millions of dollars in potential liability exposure.

Mr. Duffy has lectured and appeared on television and radio discussing the litigation process and the manner of optimizing the opportunities for successful legal results.

If you are contemplating initiating or need to defend litigation relating to corporations, partnerships, limited liability companies or other business entities, attorney Anthony C. Duffy will work with you personally to help you understand your legal options and to provide you with effective legal representation and advocacy that serves your needs.

As an accomplished and successful trial lawyer, he knows how to achieve favorable results in a cost-efficient manner.