They say revenge is a dish best served cold. In this week’s New York Business Divorce, celebrity chef Gordon Ramsay serves his former business partner a cold dish in the form of a large post-trial judgment in a case seeking dissolution and derivative damages on behalf of two out-of-state entities formed to operate defunct Ramsay restaurant “The Fat Cow.”
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2022
Principles of Fiduciary Deference: The Business Judgment Rule and Exculpatory Clauses
By Franklin C. McRoberts on
Posted in Derivative Actions, Family-Owned Businesses
In this week’s New York Business Divorce, read about the latest chapter in a long-running litigation saga between the son and daughter of artist Peter Max fighting for control of their family-owned corporation.
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Equitable Standing in Shareholder Derivative Suit Bows to the Contemporaneous Ownership Rule
By Peter A. Mahler on
Posted in Delaware, Derivative Actions
A plaintiff’s “equitable standing” to bring a shareholder derivative action is hardly a common issue in litigation of the sort, which makes all the more interesting last week’s decision by the Delaware Court of Chancery rejecting a plaintiff’s attempt to bypass the contemporaneous ownership rule. Read more in this week’s New York Business Divorce.
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The Evidenceless Petition to Dissolve
In this week’s New York Business Divorce, learn the tough lesson for the dissolution petitioner who states sufficient grounds to dissolve but fails to prove it with evidence accompanying the petition.
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Corporate Oppression Doctrine Meets Sex Discrimination: A Conversation with Professor Meredith Miller
By Peter A. Mahler on
Posted in Grounds for Dissolution, Podcasts and Video
This week’s post introduces the latest episode of the Business Divorce Roundtable podcast, featuring an interview with Professor Meredith Miller of Touro Law Center discussing her recent law review article entitled Challenging Gender Discrimination in Closely Held Firms: The Hope and Hazard of Corporate Oppression Doctrine. Please give it a listen!
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Binding Nonsignatories to Arbitration Agreements
In this week’s New York Business Divorce, read about a beleaguered plaintiff stuck between a rock and a hard place, with some claims arbitrable, but others not.
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It’s Time to Address Sex Discrimination Against Women Owners of Closely Held Companies, Say These Two Law Professors
By Peter A. Mahler on
Posted in Corporate Governance, Grounds for Dissolution
This week’s New York Business Divorce highlights two thought-provoking law review articles by Professors Meredith Miller and Ann Lipton making the case for expanding common-law doctrine and legislature remedies for discrimination against women owners of closely held business entities.
Continue Reading It’s Time to Address Sex Discrimination Against Women Owners of Closely Held Companies, Say These Two Law Professors
A New Stile: First Department Shakes Up the Shareholder Oppression Claim
By Peter J. Sluka on
A recent First Department decision recognizing a cause of action for shareholder oppression raises big questions in the area of minority shareholders’ rights.
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Recent Stock Valuation Decisions Reign “Supreme”
By Peter A. Mahler on
This week’s New York Business Divorce treats valuation aficionados to summaries of four recent stock appraisal decisions that made it to the Supreme Court of four different states. …
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Appellate Rulings Endorse Courts’ Broad Remedial Powers Over Condo and Co-op Board Elections
By Peter A. Mahler on
A pair of significant appellate decisions last week address the courts’ remedial powers concerning co-op and condominium board elections and access to the shareholder list for purposes of campaigning for board seats. Learn more in this week’s New York Business Divorce.
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