14 Jul 2017 |
Civil Litigation | Businesses & Nonprofits
FPLG has extensive litigation experience, with the benefit of comprehensive nonprofit and business expertise most law firms lack.
When it comes to legal disputes, nonprofit organizations face many of the same types of legal issues as for-profit businesses, and FPLG has the expertise to provide counsel regarding the conflicts inherent in both. FPLG Attorneys hold advanced degrees in business administration as well as juris doctorates, providing critical expertise to our clients.
FPLG has the expertise your organization needs during times of crisis and dispute. Contact us to schedule an in-depth strategy session to determine how we can best take the weight of such a dispute off your shoulders.
Nonprofit Board Conflicts & Disputes
When a group of passionate people care about a mission and purpose, sometimes those passions evolve into conflicts related to direction, vision, or programming. Sometimes, those conflicts result in hostile takeover attempts, unauthorized removal of board members or termination of officers. FPLG’s attorneys can help any nonprofit organization navigate these types of disputes both outside, and inside, the courtroom.
Nonprofit Membership Derivative Suits
Members of nonprofit organizations can bring a derivative action on behalf of the corporation to enforce their rights, and challenge the actions of the board of directors. These types of lawsuits can be a powerful tool that members can utilize to implement actions they may not be permitted to file in their own name, but are in the best interest of the nonprofit. FPLG has experience representing members bringing these suits, as well as advising boards defending such actions.
Governance Enforcement Actions
Boards of directors of both businesses and nonprofit organizations are required to follow the governance provisions of their bylaws as they relate to members or shareholders, elections, terms of service, and compensation. In the case of nonprofit organizations, they also have fiduciary oversight over charitable assets, and sometimes officers and directors do not act in the best interest of the organization. If that occurs, FPLG has the knowledge and expertise to assist whistleblowers challenge, and invalidate, the invalid board actions.
Regulatory & Judicial Proceedings
Typically, the Attorney General provides oversight over all charities operating within the state in which you operate. Sometimes, if they believe they have reason to investigate the activities of a nonprofit charity or for-profit fundraiser, they will investigate. If they believe they have evidence of wrongdoing, they will bring suit against the nonprofit organization and – in some cases – individual directors. FPLG can provide guidance to assist you in navigating these types of actions.
Breach of Contract
Breach of contract claims occur when one side of an agreement fails to uphold their end of the “bargain,” which may include failures to deliver goods or services, failure to pay under the contract terms, or when agreed-to standards are not met. FPLG’s experienced attorneys often assist with early negotiation, mediation, and other cost-effective resolutions, allowing our clients to resolve disputes prior to filing a lawsuit. In the event that the breach is severe, or has created irreversible damage, then FPLG’s attorney can also help you seek monetary damages and restitution through filing an action in court.
Employees can bring lawsuits for unwarranted termination, workplace harassment, and a myriad of other issues. For employers, these suits are often time-consuming, expensive, and incredibly disruptive. While avoiding employee lawsuits should be a prime objective, they are often unavoidable as a business or nonprofit grows. When determining how best to proceed, it’s critical to have a knowledgeable employment attorney in your corner. FPLG’s attorneys understand labor laws and provisions, and can assist employees to protect their interests as well as counseling employers facing suit from an employee.