This week’s New York Business Divorce offers its annual Winter Case Notes with synopses of four recent, noteworthy decisions by New York courts.
Continue Reading Winter Case Notes: Tax Estoppel (Not) to the Rescue and Other Decisions of Interest
The Skinny on Arbitrability of Judicial Dissolution Claims
Shareholder, partnership, and LLC agreements often include mandatory arbitration clauses. Do those clauses require arbitration of judicial dissolution claims? Find out in this week’s New York Business Divorce.
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Singin’ the Derivative Plaintiff Blues
Pleading a derivative claim as direct, a direct claim as derivative, or intermingling direct and derivative claims, will likely invite time consuming and potentially expensive motion practice at the outset of a business divorce case. This week’s New York Business Divorce highlights the pitfalls.
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Top 10 Business Divorce Cases of 2021
New York Business Divorce proudly presents its 14th 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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LLCs as They Approach the 50-Year Milestone: A Conversation with Professor Susan Pace Hamill
Professor Susan Pace Hamill is one of the leading authorities on the history and evolution of LLCs and LLC jurisprudence. This week’s New York Business Divorce introduces the latest episode of the Business Divorce Roundtable podcast featuring an interview with Professor Hamill about her latest law review article entitled Some Musings as LLCs Approach the Fifty-Year Milestone.
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The Nutmeg State Out Front on Member Inspection Rights Under RULLCA
Earlier this month the Connecticut Supreme Court handed down an important, first impression decision construing RULLCA’s provision granting members of manager-managed LLCs the right to inspect books and records. Read more in this week’s New York Business Divorce.
Continue Reading The Nutmeg State Out Front on Member Inspection Rights Under RULLCA
Disguised Agreements and Dissolution
This week’s New York Business Divorce highlights a pair of recent decisions in judicial dissolution cases in both of which one side claimed to be the 100% owner notwithstanding documents indicating otherwise.
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Statutory Buyouts and Discounts Under the Fair Market Value Standard: An Awkward Pair?
In an unusual case, a divided California appellate panel recently grappled with the application of minority and marketability discounts in a statutory appraisal proceeding triggered by a buyout election in a proceeding brought for judicial dissolution of an LLC, where the governing statute utilizes the fair market value standard instead of the more typical fair value standard. Learn more in this week’s New York Business Divorce.
Continue Reading Statutory Buyouts and Discounts Under the Fair Market Value Standard: An Awkward Pair?
This Is Not Your Father’s Brady Bunch
Father against son, half-brother against half-brother, are the players in a recent courtroom drama that unfolded in Matter of Brady v. Brady, culminating with an appellate panel’s affirmance of a lower court’s order dissolving a family-owned close corporation that owns extensive farm land in upstate New York. Find out more in this week’s New York Business Divorce.
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Everything You Ever Wanted to Know About Buy-Sell Agreements: A Conversation With Paul Hood
Paul Hood, one of the leading experts on buy-sell agreements, has a new book on the subject highlighted in this week’s New York Business Divorce and also featured in an interview with Paul on a new episode of the Business Divorce Roundtable podcast.
Continue Reading Everything You Ever Wanted to Know About Buy-Sell Agreements: A Conversation With Paul Hood