Good pragmatic advice which is solutions focused.
In accordance with their fiduciary duties to the organisation, directors and partners have a responsibility to implement good governance. The board is expected to operate collegially. However, even with the best structures in place disputes between partners, directors and the board frequently happen.
Although no one likes conflict, differing views and the debates that follow can turn into conflicts resulting in boardroom disagreements that must be dealt with properly and promptly to prevent them from developing into acrimonious disputes that undermine the board’s effectiveness and the company’s performance.
The list of possible sources of conflict is endless and includes issues related to the business itself. For example:
How the dispute is managed and dealt with will determine the scale of disruption to the business and the duration of its impact. Boards strongly dislike resorting to litigation to resolve their differences as litigation can be highly damaging to the company’s performance, reputation and value.
Our employment team at Penningtons Manches Cooper always act discreetly and with your reputation in mind. We can assist in reaching a negotiated settlement of the dispute or engage a mediator or arbitrator, if necessary, to successfully resolve the dispute. Where matters remain unresolved, we can advise and provide representation for litigation, particularly if there is a question regarding the proper application of the law.
Successfully negotiating the settlement of a breach of contract claim for a senior director.
Advising a managing director on her exit from a major international transport group of companies and her release from her restrictive covenants.
Achieving favourable financial terms following an attempt to remove our client from the board that resulted in a shareholder dispute. We were able to retain all stock, the removal of the post-termination covenants and a non-executive position for the client.