Corporate Disputes and Shareholder Litigation

Corporate disputes can undermine decision-making, erode business value, and disrupt day-to-day operations. We represent shareholders, executive managers, and companies in complex corporate law disputes. Each strategy is tailored to the client’s legal position and commercial objectives, with the appropriate course of action carefully evaluated in light of the specific circumstances and in close consultation with the client.

Clarifying and protecting your position

The first step is to review the company’s articles of association, any supplementary agreements, shareholder resolutions, and the parties’ prior communications. In close consultation with you, we identify your key objectives, whether preserving the business relationship, safeguarding your rights to information and participation in decision-making, or negotiating an orderly exit from the company. This assessment establishes the legal options available and provides a clear basis for determining the next steps.

Shareholder resolutions, management, and shareholder rights

We represent clients in contentious shareholder meetings and disputes involving challenges to shareholder resolutions, the enforcement of information and inspection rights, and the appointment or removal of executive managers. Additional topics include liability and damages claims, share transfers, and the legal requirements for shareholder exits or company dissolution. Whether a shareholder may withdraw or be excluded from the company depends on the company’s legal form, the applicable agreements, and the specific circumstances of the case.

Mediation or court proceedings

Before recommending a course of action, we carefully evaluate the options of shareholder mediation and court proceedings. In close consultation with you, we assess the prospects of success, available evidence, applicable deadlines, and any need for interim relief, as well as the likely costs, time commitment, enforceability of the outcome, and potential impact on the business. The central question is whether commercial mediation offers a realistic opportunity for the parties to reach a mutually acceptable resolution, or whether a court ruling or judicial protection is required. A dispute in a GmbH (LLC) may require a different approach from disputes arising within Austrian or German civil-law partnerships (GesbR / GbR).

Integrating legal and commercial considerations

Disputes over share valuations, compensation, or contested financial obligations require a thorough understanding of both the legal issues and the underlying commercial realities. Our experience in corporate law and in M&A informs our approach to negotiations and litigation. Where appropriate, an out-of-court settlement can provide a clear framework for a shareholder’s exit or the transfer of shares. Even after court proceedings have commenced, we evaluate whether a transition to mediation during pending proceedings could offer an effective alternative to continued litigation; any steps required to preserve procedural deadlines or secure the parties’ legal positions are assessed separately.

Legal representation and neutral mediation are strictly separated. If the law firm has previously advised or represented a party in the dispute, an independent mediator conducts the mediation. Any ongoing legal representation is managed separately and coordinated as needed, ensuring that the mediator’s impartiality and the integrity of the mediation process are preserved.

How quickly must I act to challenge a shareholder resolution?

Prompt action is essential. Depending on the type of resolution and the company’s legal form, strict statutory or contractual deadlines may apply. Having the relevant documents reviewed without delay is therefore critical.

Related links: Corporate Law · Liability of Executive Managers · Civil Law · Shareholder Mediation · Commercial Mediation · Disputes in a GmbH · Disputes in a GesbR / GbR · Out-of-Court Settlement · Contact