This week’s New York Business Divorce highlights and links to a Business Divorce Roundtable podcast interview with arbitrator/mediator Erica Garay on the novel topic of arbitrating deadlock between 50/50 owners of closely held business entities.
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Arbitration and Mediation
Winter Case Notes: Oppression of the “Gifted” Minority Shareholder and Other Recent Decisions of Interest
This week’s New York Business Divorce offers its annual Winter Case Notes with synopses of half a dozen recent decisions in business divorce cases involving minority shareholder oppression, books and records proceedings, and more.…
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49% Shareholder Can’t Seek Deadlock Dissolution Despite Shareholders’ Agreement Granting Co-Equal Control
By Peter Mahler on
Can a 49% shareholder who has co-equal control rights per the shareholders agreement bring an action for deadlock dissolution? Get the answer in this week’s New York Business Divorce.…
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Anyone Think Binding Mediation to Break Deadlock Is a Good Idea?
By Peter Mahler on
This week’s New York Business Divorce analyzes the use of binding mediation to resolve deadlock between 50/50 business owners, a device whose use was affirmed on appeal in a decision last week by the Appellate Division, First Department.…
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Corporate Frankenstein “Partnership to Form a Corporation” Lives Another Day
By Franklin C. McRoberts on
Posted in Arbitration and Mediation, Partnerships
Is is a partnership? Or is it a corporation? Can an entity be both at once? Find out in this week’s New York Business Divorce.…
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Read This Case. Slap Your Head. Not Too Hard.
By Peter Mahler on
Did the parties get it wrong, or the judge, or both in Verkhoglyad v Benimovich, in which the court let proceed a claim to dissolve a foreign business entity and refused to enforce forum selection and pre-suit mediation clauses in the operating agreement of a New Jersey LLC. Learn more in this week’s New York Business Divorce. …
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Interview With Justice Carolyn Demarest (Ret.) on Litigating and Mediating Business Divorce Cases
By Peter Mahler on
Posted in Arbitration and Mediation, Podcast Episodes
This week’s New York Business Divorce previews and links to the latest podcast episode of the Business Divorce Roundtable featuring an interview with retired Commercial Division Justice Carolyn Demarest in which we discuss the litigation and mediation of business divorce cases.…
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Business Divorce Nation: Five States, Five Cases
By Peter Mahler on
It’s time for another trip across the country with this week’s New York Business Divorce, as it examines five decisions last year by courts outside New York in business divorce cases. …
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Mediating Business Valuation Disputes
By Peter Mahler on
Mediation of business valuation disputes is the focus of this week’s New York Business Divorce featuring my interview of mediator Arthur Rosenbloom recently aired on the Business Divorce Roundtable podcast. …
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LLC Agreement’s All-Purpose Purpose Clause Defeats Dissolution Petition
This week’s New York Business Divorce closes out the year with an interesting decision by Justice Timothy Driscoll dismissing a dissolution petition that followed the sale of an LLC’s sole real estate asset based on the broad purpose clause in the parties’ LLC agreement.. …
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