Corporation, Limited Liability Company, and Partnership Disputes
Whether you conduct business with or in the form of a corporation, a limited liability company (LLC), or a general or limited partnership (LLP), Mr. Albert has the experience, expertise and track record to help you achieve successful resolutions of your business problems and disputes. Over the last 23 years of professional practice in complex business litigation, Mr. Albert has been involved in a panoply of commercial disputes involving every kind of business structure. These cases have included disputes between limited and general partners, between shareholders and officers and directors, between directors and officers and their company, and between different companies, partnerships and limited liability companies. Mr. Albert has broad experience and expertise in enforcing and avoiding obligations under LLC and LLP agreements, corporate shareholder agreements, and the myriad types of contracts and agreements governing the relations of owners, investors, creditors, employees, officers, directors, and third party vendors, partners and co-venturers.
Mr. Albert's clients have included all manner of corporations, partnerships, limited liability companies, and their respective shareholders, partners, and members, who have benefitted from Mr. Albert's broad experience and practical advice on how to achieve their business objectives in an efficient, intelligent and economical manner. Some of these representations have included the following:
- Represented the controlling member of a California LLC in a dispute with the purported minority member who claimed to be a "partner" entitled to "dividend distributions." Succeeded in having the case stayed pending arbitration, including forcing a non-signatory to arbitrate her "partnership" claim.
- Advised the former Chief Executive Officer and Chief Financial Officer of a publicly-traded company in their rights and obligations under their complex severance agreements, helping them to achieve a favorable outcome to their disputed "golden parachute" packages.
- Represented Bergen Brunswig Corporation (now AmeriSourceBergen) in connection with breach of contract claims brought by its former Chief Executive Officer arising from his severance agreement with the company.
- Represented CB Richard Ellis in a dispute involving accredited investors who purchased undivided tenant-in-common interests in a large commercial building in Arizona. The interests were offered to investors pursuant to a Confidential Private Placement Memorandum. Each Investor was required to form a single member limited liability company to acquire and own the investor's interest in the property. Mr. Albert's analysis helped to achieve a favorable resolution of the LLP disputes with respect to the property, which was significantly underperforming in relation to initial projections.
- Represented E Trade in analyzing its rights, obligations and course of action in relation to numerous Private Placement Memorandums, LLP Agreements, LLC Agreements, Trust Indenture Agreements, Security and Collateral Agreements, and related documents and contracts regarding Collateralized Debt Obligations (CDOs) involving Mortgage Backed Securities.
- Represented several multi-billion-dollar bond funds in litigation arising from the collapse of Enron, in seeking to unwind numerous off-balance-sheet LLPs and LLCs used to hide assets and understate liabilities.
