This week’s New York Business Divorce offers its annual Winter Case Notes with synopses of five noteworthy decisions by courts in New York, Colorado, and Delaware.
Continue Reading Winter Case Notes: Time-Barred Dissolution Petition and Other Decisions of Interest
February 2020
Bending the Rules of Standing: The De Facto Merger Doctrine
By Franklin C. McRoberts on
Posted in Discovery
Typically used to seek a money judgment against a successor entity, in this week’s New York Business Divorce, read about a novel appellate decision relying upon the “de facto merger” doctrine to authorize a post-judgment equitable accounting against a successor entity in which the plaintiff admittedly lacked an ownership interest or fiduciary relationship.
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Death of Limited Partner Disarms Derivative Action
By Peter A. Mahler on
This week’s New York Business Divorce features an interesting decision holding that personal representatives of an estate lack standing to maintain a derivative action on behalf of a limited partnership, commenced by the decedent while alive. …
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The Curious Case of the Expelled LLC Member Bound by Operating Agreement He Never Signed
Shapiro v Ettenson, known as the case that made it extra dangerous for minority members of New York LLCs without written operating agreements, reappears in this week’s New York Business Divorce on the occasion of a recent decision concerning member expulsion. …
Continue Reading The Curious Case of the Expelled LLC Member Bound by Operating Agreement He Never Signed