Shapiro v Ettenson, known as the case that made it extra dangerous for minority members of New York LLCs without written operating agreements, reappears in this week’s New York Business Divorce on the occasion of a recent decision concerning member expulsion.
Continue Reading The Curious Case of the Expelled LLC Member Bound by Operating Agreement He Never Signed
Arbitration and Mediation
Arbitrating Deadlock: A Conversation with Arbitrator Erica Garay
By Peter A. Mahler on
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.
Continue Reading Arbitrating Deadlock: A Conversation with Arbitrator Erica Garay
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.
Continue Reading Winter Case Notes: Oppression of the “Gifted” Minority Shareholder and Other Recent Decisions of Interest
49% Shareholder Can’t Seek Deadlock Dissolution Despite Shareholders’ Agreement Granting Co-Equal Control
By Peter A. 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.
Continue Reading 49% Shareholder Can’t Seek Deadlock Dissolution Despite Shareholders’ Agreement Granting Co-Equal Control
Anyone Think Binding Mediation to Break Deadlock Is a Good Idea?
By Peter A. 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.
Continue Reading Anyone Think Binding Mediation to Break Deadlock Is a Good Idea?
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.
Continue Reading Corporate Frankenstein “Partnership to Form a Corporation” Lives Another Day
Read This Case. Slap Your Head. Not Too Hard.
By Peter A. 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. …
Continue Reading Read This Case. Slap Your Head. Not Too Hard.
Interview With Justice Carolyn Demarest (Ret.) on Litigating and Mediating Business Divorce Cases
By Peter A. Mahler on
Posted in Arbitration and Mediation, Podcasts and Video
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.
Continue Reading Interview With Justice Carolyn Demarest (Ret.) on Litigating and Mediating Business Divorce Cases
Business Divorce Nation: Five States, Five Cases
By Peter A. 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. …
Continue Reading Business Divorce Nation: Five States, Five Cases
Mediating Business Valuation Disputes
By Peter A. 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. …
Continue Reading Mediating Business Valuation Disputes