Methods of Resolving Shareholder Disputes: Mediation, Litigation, Freeze-Out Mergers, Special Litigation Committees and More

Brandon Schwartz | Schwartz Law Firm

Brandon is a cum laude graduate of William Mitchell College of Law; graduating in the top 10 students in his class following his Division I and professional hockey career. Brandon is admitted to practice in the States Courts of Arizona, Iowa, Massachusetts, Minnesota and Wisconsin and the Federal District Courts of Colorado, Iowa, Massachusetts, Minnesota and Wisconsin as well as the United States Supreme Court.

He has been published in Attorney At Law Magazine, by the Minnesota State Bar Association, by the American Bar Association and Michigan Bar Journal. Brandon was selected as a Minnesota Super Lawyer Rising Star and is a life time member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum; fewer than 1% of U.S. lawyers are members. Brandon is a Board Certified Civil Trial Law Specialist by the Minnesota State Bar Association and a Board Certified Civil Trial Law Advocate and Family Trial Law Advocate by the National Board of Civil Advocacy.

Minnesota Monthly selected him as a Top Lawyer in Business Litigation for 2022. America’s Top 100 Attorneys presented him with a Lifetime Achievement award, the High Stakes Litigators award, and the Bet-The Company Litigators award. Best Attorneys of America awarded him a Lifetime Membership. Brandon is also AV rated, the highest rating possible, by Martindale-Hubbell. Brandon also serves as a Board Member on the Minnesota Supreme Court Advisory Committee on the General Rules of Practice for the District Court, the Board of Legal Certification, and the Minnesota State Bar Association Foundation Board as a director and officer.

I. Shareholder Disputes | 1:00pm – 1:20pm

• Common causes of shareholder disputes
• Impact of disputes on business operations and shareholder value

II. Mediation | 1:20pm – 1:40pm

• Overview of mediation as a dispute resolution method
• Benefits of mediation (e.g., cost-effectiveness, confidentiality)
• Steps involved in the mediation process
• Case studies and examples

III. Alternative Dispute Resolution (ADR) Methods | 1:40pm – 2:00pm

• Overview of other ADR methods (e.g., arbitration, negotiation)
• Comparative analysis of ADR methods
• Best practices for selecting the appropriate ADR method

Break | 2:00pm – 2:10pm

IV. Litigation | 2:10pm – 2:30pm

• When to consider litigation for resolving disputes
• Key stages of the litigation process
• Pros and cons of litigation
• Case studies and examples

V. Freeze-Out Mergers | 2:30pm – 2:50pm

• Definition and purpose of freeze-out mergers
• Legal framework governing freeze-out mergers
• Strategies for executing a freeze-out merger
• Potential challenges and defenses

VI. Special Litigation Committees (SLCs) | 2:50pm – 3:10pm

• Role and formation of special litigation committees
• Authority and decision-making process of SLCs
• Legal standards and judicial review of SLC decisions
• Case studies and examples