New York Business Divorce proudly presents its tenth 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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Peter A. Mahler
Peter A. Mahler is a litigator focusing on business divorce cases involving dissolution and other disputes among co-owners of closely held business entities, such as limited liability companies, corporations, and partnerships. Peter represents both control and non-control owners, often involving family-owned businesses. Frequently counseling business owners prior to litigation, he advises them of their rights and also assists in designing and negotiating an amicable separation between parties. Peter’s counsel helps avoid litigation by means of a buy-out, sale, or division of business assets.
A River’s Divide: Time for the Manhattan and Brooklyn Appellate Courts to Agree on Marketability Discount in Fair Value Proceedings
Should courts apply a marketability discount in determining the fair value of interests in realty holding companies? In downstate New York, the answer may vary depending on whether the court lies within the First or Second Departments of the Appellate Division. This week’s New York Business Divorce has the story. …
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Operating Agreement Defeats Statutory Buyout Rights Upon LLC Member’s Withdrawal
The Appellate Division, Second Department last week decided a trio of appeals in related cases concerning the consequences of an LLC member’s withdrawal, holding that the member was not entitled to a fair-value buyout and that upon withdrawal he lost standing to maintain derivative claims. Read all about it in this week’s New York Business Divorce. …
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Reflections on Ten Years of Blogging
This week marks the 10th anniversary of the launch of the New York Business Divorce blog, an occasion to reflect on what I’ve learned from my blogging experience.
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Can the Bare Naked Assignee Demand Access to LLC Records?
Professor Daniel Kleinberger’s article, The Plight of the Bare Naked Assignee, is the springboard for this week’s post about whether assignees of an LLC membership interest should have a right inspect LLC records. It’s in this week’s New York Business Divorce.
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The (Even More) Elusive Surcharge in Dissolution Proceedings
The much-neglected surcharge provision in corporate dissolution litigation is looking even less attractive after a trial court’s decision earlier this month, limiting its application to buy-out proceedings. Learn more in this week’s New York Business Divorce.
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Divorcing Husband Not Smiling Over Court’s Rejection of Ownership Interest in Wife’s Dental Practice
This week’s New York Business Divorce features the “double whammy” of a fight over ownership of a highly successful dental practice, spiced with allegations of illegal kickbacks for patient referrals, intertwined with an acrimonious matrimonial divorce between the two litigants. …
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Calling an Organization a Partnership Doesn’t Make it One, But Not Calling it a Partnership Doesn’t Make it Not One. Got It?
This week’s New York Business Divorce looks at partnerships — what gives them legal recognition and what doesn’t — in light of a recent appellate ruling dismissing a claim for breach of an oral partnership agreement. …
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A Member By Any Other Name . . . May Have Access to LLC Books and Records
Is a “Management Member” of an LLC, who holds only an economic interest, a “Member” for purposes of demanding access to the LLC’s books and records? Justice Shirley Werner Kornreich, applying Delaware law, closely examined the operating agreement in upholding inspection rights, as explained in this week’s New York Business Divorce.
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Court Defines “True Deadlock”
The Supreme Court of Massachusetts recently formulated a useful, four-factor test for “true deadlock” in corporate dissolution cases. Learn more in this week’s New York Business Divorce.
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