Whitney Cunningham

About Whitney Cunningham

Whitney Cunningham’s practice focuses on business and real estate representation.  For more than 20 years, he has assisted clients to form businesses and entrepreneurial ventures, manage intellectual property, litigate complex commercial matters and appeals, and navigate domestic and international transactional requirements.  His clients range from local family businesses to multi-national corporations.  He possesses extensive experience in both jury trials and complex business and real estate transactions.

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Education

• Law School: Georgetown

Common questions about Business Law in Arizona

Answered by Arizona Attorney Search Network

Can I sue a former business partner in Arizona?

Yes. Disputes between business partners or LLC members commonly involve breach of fiduciary duty, breach of operating agreement or partnership agreement, accounting actions, dissolution, and derivative claims. ARS § 29-3110 (LLC fiduciary duties) and ARS Title 29, Chapter 5 (partnership) provide the substantive framework. Most business-divorce cases settle through buy-out negotiations; litigation can be expensive due to discovery into business records.

What is an operating agreement?

An operating agreement is the LLC's internal governance document, addressing membership interests, capital contributions, profit/loss allocation, voting rights, manager authority, and exit terms. Arizona law (ARS § 29-3105) recognizes operating agreements as the primary source of LLC governance, with ARS Title 29 supplying default rules where the agreement is silent. Single-member LLCs benefit from operating agreements too, especially for clarifying corporate veil.

What is a buy-sell agreement?

A buy-sell agreement is a contract among co-owners of a business specifying what happens to an owner's interest upon death, disability, divorce, retirement, or voluntary sale. Common structures include cross-purchase (other owners buy the departing owner's share), entity redemption (the company buys it), or hybrid. Buy-sell agreements typically address valuation methodology, funding (often via life insurance), and triggering events.

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