This week’s New York Business Divorce highlights an interesting decision by Commercial Division Justice Andrea Masley addressing claims that the minority members of an LLC breached the operating agreement’s anti-withdrawal provisions by demanding a buyout and bringing a damages suit against the managing members.
Continue Reading A Case of LLC Withdrawal Symptoms
January 2020
Resignation: Antidote for Internal Dissention and Deadlock?
By Franklin C. McRoberts on
Under what circumstances, if at all, does resignation of one member of a two-member board of directors eliminate “deadlock” and “internal dissention” as an available grounds for corporate judicial dissolution? In this week’s New York Business Divorce, we consider a recent ruling by Justice Andrea Masley on that important question.
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Another Door Closes to Federal Court in Judicial Dissolution Cases
By Peter A. Mahler on
Posted in Federal vs. State Court
Statutory judicial dissolution claims are not welcome in federal courts which have been using the Burford abstention doctrine to divert them to state court. This week’s New York Business Divorce examines a first impression federal court decision giving the same treatment to a common-law dissolution claim.
Continue Reading Another Door Closes to Federal Court in Judicial Dissolution Cases
The Two Worlds of LLCs: A Conversation With Professor Peter Molk (Part Two)
By Peter A. Mahler on
Posted in LLCs, Podcasts and Video
This week’s New York Business Divorce features Part Two my interview of Professor Peter Molk, one of the foremost academic authorities on LLC law, on the subject of his recent law review article, Protecting LLC Owners While Preserving LLC Flexibility.
Continue Reading The Two Worlds of LLCs: A Conversation With Professor Peter Molk (Part Two)