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?
Discovery
Do Not Take Pre-Trial Discovery for Granted in Corporate Dissolution Proceedings

This week’s New York Business Divorce features a nuts-and-bolts issue concerning the limited availability of depositions and other discovery in corporate dissolution cases, prompted by a recent ruling on the subject by Nassau County Commercial Division Justice Timothy S. Driscoll in Matter of Kaufman (L.I. Yellow Cab Corp.).
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Continue Reading Do Not Take Pre-Trial Discovery for Granted in Corporate Dissolution Proceedings
Controlling Shareholder’s Unreasonable Refusal to Admit Petitioners’ Stock Ownership Constitutes Ground for Corporate Dissolution, Incurs Award of Attorney’s Fees

A fight over ownership of a Long Island marina leads to an order granting corporate dissolution and awarding counsel fees based on the controlling shareholders’ unreasonable denial of the petitioning shareholders’ 50% ownership. Read about Justice Stephen Bucaria’s decision in Rosenfeld v. Luccaro in this week’s New York Business Divorce.
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Continue Reading Controlling Shareholder’s Unreasonable Refusal to Admit Petitioners’ Stock Ownership Constitutes Ground for Corporate Dissolution, Incurs Award of Attorney’s Fees
LLC Member Disputes and the Attorney-Client Privilege

A recent federal court decision, ruling that communications between an LLC’s attorney and its managers are immune from discovery in litigation brought by an LLC member, merits this special mid-week report in New York Business Divorce.
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Statute and Cases Create Uncertainty Over LLC Member’s Right to Inspect Books and Records

The LLC Law gives members certain rights to inspect company records. Read this week’s New York Business Divorce to find out how courts have taken different approaches to the issue.
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Continue Reading Statute and Cases Create Uncertainty Over LLC Member’s Right to Inspect Books and Records
Anatomy of a Dissolution Slugfest: Part II

Read Part II of a five-part series about a high-stakes dissolution donnybrook involving a luxury car dealership.
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Continue Reading Anatomy of a Dissolution Slugfest: Part II