Control
Who manages the company? What happens if the owners become deadlocked?
Core Practice
Business Divorce
When business partners stop seeing eye to eye, the legal solution has to make business sense.
The Problem
A legal problem. A business problem. A human problem.
Curt's business-divorce practice is national, representing clients across the country. Business-owner disputes can involve governance, fiduciary duties, valuation, buy-sell provisions, deadlock, contract interpretation, and other legal issues.
But the legal issues are only part of the problem. The resolution must also account for the value of the business, the interests of the owners, the effect on employees and customers, and the practical consequences of different possible outcomes.
Curt Golkow approaches these disputes with that broader perspective.
Resolution
The goal is often a business resolution — not a lawsuit.
Curt serves as a strategist both before and after litigation begins. In many cases, he has successfully negotiated a buyout or other resolution without litigation.
When litigation is necessary, he works with experienced commercial litigators while remaining focused on the client's underlying business objective.
Business-owner disputes often become expensive because the owners did not decide in advance what would happen if their relationship changed.
A thoughtful agreement can turn a future crisis into a process the owners already understand.
A thoughtful agreement can turn a future crisis into a process the owners already understand.
Mediation
Helping owners bridge gaps and avoid litigation.
Curt also serves as a mediator in business divorce cases. He uses his experience in business disputes, negotiation, valuation, governance, and deal-making to help parties understand their respective positions, find creative solutions, bridge gaps, and work toward a resolution.
Because Curt understands both the legal and business dimensions of owner disputes, he can help parties focus on practical paths forward rather than allowing the dispute to become a prolonged and expensive litigation.
Business “Pre-Nups”
The best business divorce is the one you never have.
Many disputes can be reduced — or avoided — by addressing difficult questions before the owners disagree.
Exit
What happens if one owner wants out? Can one owner force a sale or buyout?
Valuation
How is a departing owner's interest valued? What happens if the owners disagree?
Life Events
What happens if an owner dies, becomes disabled, or faces a divorce?
Competition
Can an owner compete with the company after leaving? What information can be taken?
Future Vision
What happens when owners develop fundamentally different visions for the business?
Customized Planning
Standard forms rarely answer the questions that actually cause disputes.
Curt works with owners to identify the issues that could create conflict and develop customized shareholder, operating, partnership, or buy-sell agreements designed around the particular business and its owners.
The process of creating the agreement can itself force owners to discuss difficult issues while their relationship is still productive.
That is often the best time to do it.
Contact Curt →