New York Business Divorce proudly presents its 11th annual list of the past year’s ten most noteworthy business divorce cases, along with short summaries and links to prior posts on the featured cases.
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2018
A Fond Adieu to Two Giants of the Manhattan Commercial Division Bench
In this week’s New York Business Divorce, a tip of the hat to retiring Justices Eileen Bransten and Charles E. Ramos with a look back at some of their more memorable business divorce rulings.
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Equitable Accounting vs. Access to Books and Records: Don’t Confuse Them
By Peter A. Mahler on
Posted in Access to Books and Records, LLCs
In litigation between co-owners of private business entities, a claim against the controllers for an equitable accounting is different from a claim seeking access to books and records — or is it? Get the answer in this week’s New York Business Divorce.
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Outlawing of LLC’s Short-Term Rental Business Brings Long-Term Litigation
By Peter A. Mahler on
Ill-fated hardly begins to describe the legislatively doomed LLC involved in the lawsuit featured in this week’s New York Business Divorce. You won’t want to miss it.
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IP Disputes Among Private Business Co-Owners Dominate Three Recent Cases
By Peter A. Mahler on
Intellectual property rights are the lifeblood of many a closely held business entity. This week’s New York Business Divorce looks at three recent decisions involving disputes among business co-owners over the ownership and exploitation of critical IP assets.
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When Dealing in Partnership Owned Real Property, Caveat Emptor
By Franklin C. McRoberts on
In this week’s New York Business Divorce, read about how dissenting general partners can potentially wreak havoc on partnership real property sales, and how buyers can protect themselves from judicial invalidation of their transactions.
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Is a Schedule K-1 By Itself Enough to Prove LLC Membership?
By Peter A. Mahler on
This week’s New York Business Divorce jumps back into the fray of undocumented interests in LLCs with no written operating agreement, focusing on a recent court decision that found in favor of the plaintiff’s claim of membership based solely on the LLC’s tax return.
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Think Twice Before Putting 100% Quorum Requirement in By-Laws or LLC Agreement
By Peter A. Mahler on
This week’s New York Business Divorce examines an unusual case centering on an atypical quorum provision in an operating agreement requiring the presence of all managers in order to conduct any business.
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A Deep Dive Into the Election to Purchase in Dissolution Proceedings
By Peter A. Mahler on
Posted in Buyout, Dissolution Basics
This week’s New York Business Divorce takes a close look at the issues surrounding the statutory right of the corporation and other shareholders to stay dissolution proceedings by electing to purchase the petitioner’s shares at fair value. …
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Accounting Unchained: Is the Closely Held Business Owner’s Right to an Accounting Absolute?
By Franklin C. McRoberts on
In this week’s New York Business Divorce, we focus on the oft-overlooked accounting cause of action, recently reinvigorated by an appellate decision referring to the claim as an “absolute right.” What does that mean for business divorce litigants? Read on.
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