A torturously prolonged, 28-year litigation culminates in an important appellate decision affording plaintiffs suing for breach of fiduciary duty a more “lenient standard” for proving damages. Will other appeals courts do the same? Read about it in this week’s New York Business Divorce.
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Prudent Management or Financial Starvation: Can Minority Members Compel the Majority to Make Distributions?
A recent decision from New York County Justice Reed inspires a closer look at the circumstances under which a minority LLC owner can compel the majority to make distributions.
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Summer Shorts: An Unusual Application of LLC Law § 608 and Other Decisions of Interest
This week’s New York Business Divorce proudly presents the 14th annual edition of Summer Shorts featuring brief commentary on three recent decisions of interest in business divorce cases in the New York courts.
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“Prevailing Party” Attorneys’ Fee Provisions
Contracts with “prevailing party” fee-shifting provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s breach. But when the parties bombard each other with legal claims, and neither recovers on much (or any) of them, the hard question of whether either side (or any side) “prevailed” can lead to years of litigation within litigation. Read more in this week’s New York Business Divorce.
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