Frequently Asked Questions

Business Litigation


• Does a partner in a partnership owe a fiduciary duty to the other partners?

Yes, under Georgia law, partners owe each other a duty of utmost good faith and loyalty.

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• Does this type of duty extend to members of an LLC?

Yes, under Georgia law, the fiduciary duty of utmost good faith and loyalty may apply to the manager, or majority members of the limited liability company, to protect the rights and interests of the minority members. Some duties, however, such as the duty not to compete with the company, may be waived by the terms of the operating agreement signed by the members.

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• What is mediation?

Mediation is an informal, voluntary process to resolve disputes. A third-party neutral is hired by the parties to conduct the mediation and the neutral’s goal is to help the parties agree on their own resolution to the dispute.

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• When does mediation take place?

Sometimes it is possible to mediate a dispute before filing a lawsuit. If a lawsuit is filed, mediation is often ordered by the court at some point during the lawsuit. A significant percentage of civil lawsuits today are resolved by mediation.

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