It’s that time of year again! This 12th annual edition of Summer Shorts presents brief commentary on five recent decisions of interest in business divorce cases in the New York courts.
Continue Reading Summer Shorts: LLC Dissolution and Other Recent Decisions of Interest
In a decision of apparent first impression last month, Justice Nancy Bannon of the Manhattan Supreme Court issued an injunction against the holding of a corporate election under BCL § 619. Minority shareholders facing an anticipated election called by a rival majority would be wise to consider the roadmap to injunctive relief charted by the plaintiffs here.
Continue Reading Stop the Vote: Injunction Halts Shareholders Meeting Pursuant to Courts’ Broad Power to Review Corporate Elections
In this week’s New York Business Divorce, read about one of the most mighty and effective litigation tools for business divorce lawyers and their clients: the injunction.
Continue Reading The Injunction Remedy in Business Divorce Cases
Bad things happen when evidence gets spoliated, as an adversarial husband and wife learned the hard way in this week’s New York Business Divorce.
Continue Reading Gull Wing Takes Flight, Pleading Gets Stricken
LLCs in receivership is our topic for the second week in a row. This week’s post looks at a dispute between 50/50 LLC members involving the on-again, off-again appointment of a post-dissolution receiver.
Continue Reading LLC’s Post-Dissolution Receivership is On, is Off, is On
Intellectual property rights can be the lifeblood of a business. This week’s New York Business Divorce highlights a pair of recent cases involving disputes among the co-owners of closely held firms over the ownership of IP critical to the firms’ prosperity or even existence.
Continue Reading Dissension Follows When Business Owners Don’t Put Their IP House in Order
In Hammad v Al-Lid Food Corp., decided last month by Justice Sylvia Ash, the court denied the minority shareholder’s application for various interim remedies sought after the company elected to purchase his shares. Find out more in this week’s New York Business Divorce.
Continue Reading You Sued for Dissolution, They Elected to Buy You Out, What Else Do You Want?
In this week’s New York Business Divorce, find out what happened when the majority shareholder petitioned to rescind the minority shareholder’s unauthorized sale of the corporation’s realty to a third party purchaser in violation of the court’s restraining order.
Continue Reading Bona Fide Purchaser Avoids Rescission of Minority Shareholder’s Unauthorized Sale of Corporation’s Realty
An appellate ruling last week in a dispute between a putative 50% LLC member and the other party claiming to be the sole member raises the issue whether a written operating agreement, to be enforceable, requires signatures. Read more in this week’s New York Business Divorce.
Continue Reading If LLC Agreement Must Be in Writing, Must it Be Signed?
This week’s New York Business Divorce offers its annual Winter Case Notes with synopses of five recent decisions in business divorce cases involving LLC dissolution, cash-out merger, LLC member expulsion, and more.
Continue Reading Winter Case Notes: LLC Deadlock and Other Recent Decisions of Interest