An appellate decision this month, in Matter of Eklund Farm Machinery, Inc., spotlights anew the inadequate statutory compensation scheme governing court-appointed receivers in corporate dissolution proceedings. It’s in this week’s New York Business Divorce.
Continue Reading Statute Constrains Commissions for Court-Appointed Receivers in Corporate Dissolution Proceedings
May 2010
Court Denies Arbitration of Corporate Dissolution Petition Notwithstanding Broad Clause
By Peter A. Mahler on
Posted in Arbitration and Mediation
Courts generally will enforce broad arbitration clauses in shareholders’ agreements to compel arbitration of corporate dissolution disputes. This week’s New York Business Divorce highlights an interesting, recent decision by Justice Ira B. Warshawsky in which he denied a request to compel arbitration of a dissolution petition based on limiting language in a separate termination clause in the shareholders’ agreement.
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Continue Reading Court Denies Arbitration of Corporate Dissolution Petition Notwithstanding Broad Clause
Business Divorce, American Chopper Style
By Peter A. Mahler on
Have you heard about the episode of American Chopper in which Paul Sr. and Paul Jr. rev up their litigators and duke it out in the courtroom in a shareholder dispute? You will in this week’s New York Business Divorce.
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Continue Reading Business Divorce, American Chopper Style
Dissenting Shareholder Stock Appraisal Triggered by Freeze-Out Merger Raises Issue of Post-Merger Tax Consequences for C Corporation with Built-In Gains
By Peter A. Mahler on
Stock valuation junkies can get their fix in this week’s New York Business Divorce, as it revisits the issue of discounts for BIG — as in built-in capital gains taxes — in the appraisal of C corporation shares under the fair value standard, prompted by a decision last week by a Manhattan appeals court in a case called Matter of Mandelbaum.
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Continue Reading Dissenting Shareholder Stock Appraisal Triggered by Freeze-Out Merger Raises Issue of Post-Merger Tax Consequences for C Corporation with Built-In Gains