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Liability for Diversion of Corporate Assets and Business Opportunities

In corporate litigation, the available rights and remedies turn on provable facts and the governing corporate documents. Diversion may occur where someone owing duties to a company appropriates an asset or opportunity belonging to it. The precise opportunity and duty must be defined.

What to keep in mind

Reconstruct negotiations, proposals, managerial authority, transfers, causation and losses to determine whether a claim is justified.

Owning an independent business does not automatically mean a shareholder has misappropriated company opportunities.

Distinctions often confused

Legitimate outside business and exploitation of a company opportunity are distinct situations.

Frequently asked questions

Can an opportunity diverted to a related entity be recovered?
Potentially, if breach, damage and supporting evidence are shown.
Can emails and system logs help prove the case?
Yes, if preserved lawfully and authenticated in context.

Informational content. It is not a substitute for professional advice.