July 2011

Why is New York near the bottom of the pack in the U.S. when it comes to the popularity of the limited liability company as the choice of entity for new businesses? A new statistical study concludes that New York’s formation fees, and particularly its expensive requirement for newspaper publication of LLC formations, is the reason. Read more in this week’s New York Business Divorce.
…
Continue Reading 625 Reasons Why New York Lags in LLC Formations

It’s one thing to claim that someone never became a member of an LLC, it’s another to claim that an admitted LLC member later withdrew. Justice Stephen Bucaria addresses the latter claim in his recent decision in Gitlin v. Chirinkin, featured in this week’s New York Business Divorce.
…
Continue Reading Member of Real Estate LLC Never Withdrew, Held Entitled to Share of Sale Proceeds

The discount for lack of marketability is a fixture in New York fair value jurisprudence as a result of almost 30 years of case law starting with Matter of Blake. Some prominent voices in the business valuation field are challenging the doctrine as wrong in theory and bereft of empirical support. Learn more in this week’s New York Business Divorce.
…
Continue Reading The Marketability Discount in Fair Value Proceedings: An Emperor Without Clothes?