Services

Corporate Governance/Director and Officer Liability/Shareholder Disputes

Krevolin & Horst is well known for our corporate governance practice which focuses on advising officers, directors, and shareholders about their rights and obligations and representing parties in corporate governance disputes.  Our firm routinely prosecutes and defends suits relating to corporate governance matters, valuation, and shareholder disputes.  In many instances, we are engaged by corporate counsel to represent an individual officer or director. Generally, 50 percent or more of our caseload involves corporate governance and business tort issues.

Our lawyers' extraordinary success in this area includes:

  • We were hired 2 months before trial to represent the CEO and EVP of a major Georgia financial institution in a shareholder derivative case.  After a 7-day trial, the jury returned a defense verdict in our clients' favor.  http://www.gainesvilletimes.com/news/article/24697/
  • We won an arbitration award on behalf of a minority LLC member including attorneys fees.
  • We successfully had a receiver appointed to take over supervising the operations of a company on an emergency basis on behalf of the minority shareholders.  We won the appeal of the trial court's order. See Huffman v. Armenia, 284 Ga. App. 822, 645 S.E.2d 23 (2007), cert denied sub nom., Wilkinson v. Huffman, 2007 Ga. LEXIS 554 (Ga. July 12, 2007).
  • We achieved a summary judgment in the trial and appellate courts for the defendants on all corporate governance claims in a multimillion dollar management buyout case.  See Ledford v. Smith, 274 Ga. App. 714, 618 S.E. 2d 627 (2005), (reconsideration denied), cert. denied, Ledford v. Smith, 2005 Ga. LEXIS 868 (Nov. 18, 2005).
  • Jeff Horst won two cases of first impression on behalf of corporate officers and directors in the Georgia Supreme Court relating to provisions of the Georgia Corporate Code.  See Grace Bros., Ltd. v. Farley Industries, Inc., 264 Ga. 817, 450 S.E.2d 814 (1994) (construing dissenters rights); Service Corp. Int'l. v. H.M. Patterson & Son, Inc., 263 Ga. 412, 434 S.E.2d 455 (1993) (construing advancement of expenses and indemnification).
  • In a complex, multi-party case, we were the only firm to obtain a dismissal, prior to discovery, of an officer alleged to have breached her fiduciary duties.
  • In a multimillion dollar case that received media attention in North Carolina, the firm was lead counsel for an e-commerce B2B software company's largest unsecured creditor alleging wrongdoing against the officers and directors for burning through over $125 million in venture capital and causing the company to fail.  The defendants were represented by six large national law firms.