The biggest mistake is wiretapping and surveillance, says corporate divorce lawyer

21 \ 08 \ 2025

It is not only spouses who divorce, but often companies as well. In corporations, it's all about power, influence, and money, so the toughest legal and psychological tools are used in these "divorces." Jakub Hollmann, a lawyer and partner at AK Portos, compares corporate disputes to chess games. Individual moves affect people's lives, the fate of companies, and the reputation of business players.

We often read interviews with successful entrepreneurs who have built personal empires, as well as less inspiring articles about when businesses sometimes collapse. This often happens due to internal disagreements within companies. What mistakes do businesspeople most often make? Most often, there is insufficient definition of competencies and decision-making rights among shareholders, partners, or the old and new generations in management. For a company to function well, it must have a unified strategy and be managed in a unified manner. When it is not clear who is shaping the strategy, philosophical disputes arise about its direction. This is how disputes arise.

Can they be prevented, for example, by clearly defining responsibilities in the company's founding documents? By codifying points that can be referred to in the event of a dispute? As I know from my experience at Portos, Czech legislation is not very progressive when it comes to joint agreements between owners or shareholders. A company's articles of association are a publicly available document. Founders therefore carefully consider what to include in the company's statutes and subsequently publish. However, our legal system recognizes the concept of an agreement between shareholders or partners, and mutual relations and the direction of the company can, of course, be enshrined in it.

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