A recent decision by Justice Vito DeStefano in Breidbart v Olshan offers valuable pleading tips and identifies pleading pitfalls for practitioners in crafting complaints in partnership disputes. Learn more in this week’s New York Business Divorce.
Continue Reading Decision Yields Hits and Misses for Plaintiff in Partnership Dissolution Case
June 2015
Court-Ordered LLC Buy-Outs: What’s the Valuation Date?
In the absence of statutory authorization, a few courts have ordered equitable buy-outs in LLC dissolution cases. This week’s New York Business Divorce examines an important question in such cases: What valuation date should be used? …
Continue Reading Court-Ordered LLC Buy-Outs: What’s the Valuation Date?
LegalZoom LLC Agreement: Bargain or Blunder?
Online legal forms purveyor LegalZoom offers LLC formation packages for as little as $149 including an operating agreement. Are the savings worth it? Read one skeptic’s opinion in this week’s New York Business Divorce. …
Continue Reading LegalZoom LLC Agreement: Bargain or Blunder?
Finding Purpose Outside the LLC Agreement
The test for dissolution of an LLC includes whether its purpose as defined in the LLC agreement is no longer achievable. This week’s New York Business Divorce looks at cases, including a Delaware Chancery Court decision released days ago, in which courts have looked outside the agreement to determine the LLC’s purpose. …
Continue Reading Finding Purpose Outside the LLC Agreement
Surviving a Motion to Dismiss in LLC Dissolution Cases
Surviving a dismissal motion in LLC dissolution cases can be affected by the form of the suit, i.e., whether brought as a special proceeding or as a plenary action. Find out more, and see how a dismissal motion played out in a recent decision by Manhattan Justice Ellen Coin, in this week’s New York Business Divorce.
Continue Reading Surviving a Motion to Dismiss in LLC Dissolution Cases