In a follow-up to last week’s New York Business Divorce, this week’s post addresses a second decision by Justice Saliann Scarpulla in the Yu family constellation of ilitigations, this time considering the fatal effects on standing to sue for statutory dissolution by assigning one’s stock voting rights.
Continue Reading Stock Pledge Agreement Defeats Minority Shareholder’s Standing to Sue for Statutory But Not Common-Law Dissolution
Dissolution Basics
A Trip Down Business Divorce Lane with Recently Retired Justice Shirley Werner Kornreich
In this week’s New York Business Divorce, we salute recently-retired Commercial Division Justice Shirley Werner Kornreich with a collection of some of her most noteworthy decisions in the area of business ownership disputes.
Continue Reading A Trip Down Business Divorce Lane with Recently Retired Justice Shirley Werner Kornreich
Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law
By Franklin C. McRoberts on
Is there a meaningful difference between the deadlock standard for judicial dissolution under the Partnership Law and the Business Corporation Law? Perhaps. Read on in this week’s New York Business Divorce.
Continue Reading Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law
The (Even More) Elusive Surcharge in Dissolution Proceedings
By Peter A. Mahler on
Posted in Dissolution Basics, Surcharge
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.
Continue Reading The (Even More) Elusive Surcharge in Dissolution Proceedings
“Where’s the Beef?” Says Appeals Court, Reversing LLC Dissolution
By Franklin C. McRoberts on
After more than two years in receivership, an appeals court gives a dissolved LLC a new lease on life because the petitioners “offered no competent evidentiary proof” why the entity should have been dissolved. We take a closer look in this week’s New York Business Divorce.
Continue Reading “Where’s the Beef?” Says Appeals Court, Reversing LLC Dissolution
Court Defines “True Deadlock”
By Peter A. Mahler on
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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Federal Court No Mecca for Business Divorce Litigants
By Franklin C. McRoberts on
The barriers to a federal court forum in corporate dissolution cases is high indeed, as the litigants learned in the case examined in this week’s New York Business Divorce.
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Withdraw a Dissolution Claim? Not So Fast
By Franklin C. McRoberts on
This week’s New York Business Divorce authored by Frank McRoberts focuses on a relatively rare issue decided by Albany Commercial Division Justice Richard Platkin involving a dissolution petitioner’s request for permission to withdraw the dissolution claim in order to defeat the majority’s buy-out election.
Continue Reading Withdraw a Dissolution Claim? Not So Fast
Court of Appeals to Decide Controversial Partnership Dissolution Case
By Peter A. Mahler on
New York’s highest court last week agreed to hear an appeal in a case that raises important issues concerning wrongful dissolution, damages, and valuation discounts under New York’s partnership law. Learn more in this week’s New York Business Divorce.
Continue Reading Court of Appeals to Decide Controversial Partnership Dissolution Case
Announcing Must-Have Treatise on Business Divorce Litigation
By Peter A. Mahler on
If you are or aspire to be a business divorce lawyer, you’ll want to read in this week’s New York Business Divorce my review of a newly published treatise called Litigating The Business Divorce, after which you’ll want to order a copy.
Continue Reading Announcing Must-Have Treatise on Business Divorce Litigation