December 2013

This week’s New York Business Divorce features Part One of a two-part online interview of Claudia Landeo, Associate Professor of Economics at the University of Alberta, and Kathryn Spier, Professor of Law at the Harvard Law School, on their collaborative article forthcoming in the Yale Journal on Regulation entitled “Shotguns and Deadlocks.” The interview explores the article’s thesis, supported by economic theory and data from laboratory experiments, that courts should make greater use of the shotgun buy-out mechanism to resolve deadlock dissolution cases, and should assign the role of offeror to the better-informed owner. …
Continue Reading Interview With Professors Claudia Landeo and Kathryn Spier on Shotguns and Deadlocks: Part One

In Digirolomo v. Sugar LI, LLC, decided last month by Justice Stephen Bucaria, the court devised a novel solution in a lawsuit between LLC members, designed to bring about an equitable buy-out, by conditioning injunctive relief on the plaintiffs filing an amended complaint seeking dissolution. Don’t miss it in this week’s New York Business Divorce. …
Continue Reading Novel Ruling in Lawsuit Over Capital Call Prods Parties to Equitable Buy-Out

In Matter of Banani, decided last month by Justice Stephen Bucaria, the petitioner in a dissenting shareholder appraisal proceeding asked the court to accept as conclusive evidence of the company’s value the price received in a sale of substantially all the company’s assets. Find out if the court granted the request in this week’s New York Business Divorce. …
Continue Reading Arms-Length Sale of Corporation’s Assets Establishes Value in Stock Appraisal Proceeding