Attorney Disqualification

This 6th annual edition of Summer Shorts presents brief commentary on three decisions of interest in business divorce cases, including a dispute among LLP partners over the reduction of one partner’s interest; disqualification of counsel in an LLC dissolution case; and a Delaware books-and-records case involving phantom stock.
Continue Reading Summer Shorts: Partnership Interest Reduction and Other Recent Decisions of Interest

A recent decision by Justice Stephen A. Bucaria in a common-law dissolution case prompts a look at the rules governing use of company funds to pay legal fees in dissolution cases. Learn more in this week’s New York Business Divorce.
Continue Reading The Prohibition Against Using Company Funds for Legal Fees in Dissolution Proceedings

What happens when feuding business partners bring competing lawsuits against each other, including a dissolution proceeding, in different courts in different states? That’s the question addressed in a recent decision by Suffolk County Commercial Division Justice Elizabeth Emerson in Picarella v. HMA Properties, LLC, highlighted in this week’s New York Business Divorce.
Continue Reading Fighting for Home Court Advantage in Multi-State Business Divorce Litigation

This week’s New York Business Divorce features an interesting decision by Justice Stephen Bucaria addressing the attorney-client privilege concerning company counsel in a dispute between membership factions of an LLC. Don’t miss it.

Continue Reading Obtaining Discovery of the Company Lawyer in Business Divorce Cases: Privileged or Not?

A recent decision by Kings County Justice Carolyn Demarest ordered disqualification of plaintiffs’ lawyer in litigation among co-owners of a limited liability company, finding a non-waivable conflict of interest between two groups of complaining members. Learn more in this week’s New York Business Divorce.

Continue Reading “Beauty Bar” Case Highlights Conflicted Legal Representation in Dispute Among LLC Members

Is the statutory remedy of judicial dissolution available when shareholders fail to implement a prior agreement for a voluntary winding up and dissolution? Nassau County Justice Stephen A. Bucaria answers the question in Matter of Toledano (Home Tower Group, Inc.), featured in this week’s New York Business Divorce.

Continue Reading Deadlock Over Voluntary Dissolution Agreement Leads to Involuntary Judicial Dissolution

Getting sued by your client’s adversary is an occasional occupational hazard for attorneys in any field, but perhaps more so for attorneys who represent closely held companies that fall into the business divorce maelstrom, as evidenced by Nassau County Justice Denise Sher’s recent decision in Aranki v. Goldman & Associates. It’s in this week’s New York Business Divorce.

Continue Reading Lawyers Caught in the Crossfire of Shareholder Disputes

The rough and tumble of business divorce meets attorney ethics in this week’s New York Business Divorce which highlights a pair of decisions by Justices Elizabeth H. Emerson and Timothy S. Driscoll involving the issue of attorney disqualification in judicial dissolution proceedings of closely held businesses.

Continue Reading Disqualification of Counsel in Business Divorce Proceedings

There’s been a spate of recent court decisions concerning the authority of one 50% business owner to hire counsel to represent the company adverse to the other 50% owner. This week’s New York Business Divorce looks at two new decisions, one from New York and one from Delaware.

Continue Reading Delaware and New York Courts Agree that 50% LLC Member May Not Hire Lawyer to Represent Company Adverse to Other 50% Member