This week’s New York Business Divorce looks at a noteworthy decision by Manhattan Commercial Division Justice O. Peter Sherwood in which he dismissed claims by a minority member of Delaware LLCs for inspection of books and records.
Continue Reading Books and Records Case Illustrates Crucial Importance of Pre-Suit Demand
July 2017
It’s a Partnership! No, It’s an LLC! No, It’s Both!
By Peter A. Mahler on
It’s common practice to convert old realty-holding general partnerships to LLCs for financing and liability purposes. Given that partnerships and LLCs are distinct entity forms governed by distinct statutes, can a pre-conversion partnership agreement nonetheless be enforced among the post-conversion LLC members? Find out in this week’s New York Business Divorce. …
Continue Reading It’s a Partnership! No, It’s an LLC! No, It’s Both!
Interview With Justice Carolyn Demarest (Ret.) on Litigating and Mediating Business Divorce Cases
By Peter A. Mahler on
Posted in Arbitration and Mediation, Podcasts and Video
This week’s New York Business Divorce previews and links to the latest podcast episode of the Business Divorce Roundtable featuring an interview with retired Commercial Division Justice Carolyn Demarest in which we discuss the litigation and mediation of business divorce cases.
Continue Reading Interview With Justice Carolyn Demarest (Ret.) on Litigating and Mediating Business Divorce Cases
Minority Shareholders’ Derivative Suit Foiled by Voiding of Corporation’s Charter for Nonpayment of Taxes
By Franklin C. McRoberts on
Sometimes the tax collector can prove the bigger impediment to minority shareholder claims than the majority shareholders, as explained in this week’s New York Business Divorce featuring a recent case involving a Delaware corporation whose charter was voided for nonpayment of taxes.
Continue Reading Minority Shareholders’ Derivative Suit Foiled by Voiding of Corporation’s Charter for Nonpayment of Taxes
In Dispute Over Partnership’s Conversion to LLC, Court Finds No Duty to “Spoon-Feed” Sophisticated Investor
By Peter A. Mahler on
Posted in LLCs, Partnerships
The Latin maxim, “equity aids the vigilant, not those who slumber on their rights,” steals the show in this week’s New York Business Divorce featuring a recent New Jersey appellate ruling affirming the dismissal of a challenge to the conversion of a limited partnership to an LLC.
Continue Reading In Dispute Over Partnership’s Conversion to LLC, Court Finds No Duty to “Spoon-Feed” Sophisticated Investor