December 2010

No, it’s not Monday. Due to the tremendous public interest in the American Chopper litigation, New York Business Divorce is posting ahead of its normal schedule to let folks know about this week’s appellate decision handing victory to Paul (Junior) Teutul in his fight to resist a compelled buyout by his father of his minority stake in Orange County Choppers. Next posting: December 27, 2010.
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Continue Reading Paul (Junior) Teutul Wins Appeal in American Chopper Buyout Lawsuit

A Queens County judge recently lowered the boom on controlling shareholders of a fire and burglar alarm company, all of whose assets they sold without telling, or distributing any sale proceeds to, a minority shareholder. Get the full story in this week’s New York Business Divorce.
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Continue Reading Court Grants Common-Law Dissolution and Awards Damages for 5% Shareholder Excluded From Sale of Company Assets

This week’s New York Business Divorce examines a noteworthy decision by Manhattan Supreme Court Justice Marylin Diamond in Cole v. Macklowe, where she precluded the defendant’s valuation expert from testifying on the applicability of minority and marketability discounts in valuing the plaintiff’s equity interests in a series of single-asset real estate holding companies.
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Continue Reading Court Rejects Minority and Marketability Discounts in Assessing Damages for Breach of Equity Participation Agreement