A rare post-trial decision granting a minority member’s petition for judicial dissolution of an LLC with no operating agreement takes the spotlight in this week’s New York Business Divorce.
Continue Reading Gymnastics Business Falls Off the Beam in LLC Dissolution Case
LLC Dissolution Statutes Under the Microscope: Podcast Interview with Professor Douglas Moll
By Peter A. Mahler on
This week’s New York Business Divorce highlights and links to a Business Divorce Roundtable podcast interview with Professor Douglas Moll, one of the country’s leading authorities on closely held business entities, in which he discusses the findings from his nationwide survey of LLC judicial dissolution statutes.
Continue Reading LLC Dissolution Statutes Under the Microscope: Podcast Interview with Professor Douglas Moll
Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 2
By Franklin C. McRoberts on
In this week’s New York Business Divorce – the second in a three-part series – learn about the legal rules and principles governing partnership, corporation, and limited liability company appraisal proceedings.
Continue Reading Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 2
Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 1
In this week’s New York Business Divorce – the first in a three-part series about the statutory triggers, legal rules, and accounting principles of business valuation proceedings – learn about the routes business owners can take to an appraisal proceeding.
Continue Reading Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 1
Court Denies Second Bite at Dissolution Cherry in Kassab Brothers Business Divorce
By Peter A. Mahler on
This week’s New York Business Divorce revisits the Kassab case on the occasion of the latest decision in its five-year litigation journey, denying for the second time the minority member’s bid to dissolve a realty holding LLC co-owned with his brother in the wake of having successfully dissolved their related realty holding corporation. …
Continue Reading Court Denies Second Bite at Dissolution Cherry in Kassab Brothers Business Divorce
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
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?
If LLC Agreement Must Be in Writing, Must it Be Signed?
By Peter A. Mahler on
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?
Court Grants 50% LLC Member Derivative Right to Defend Action Brought by Other 50% Member’s Solely Owned Company
By Peter A. Mahler on
In a first impression ruling, the Second Circuit U.S. Court of Appeals upheld an LLC member’s derivative right to defend litigation brought against the LLC by one of its other members. Read about it in this week’s New York Business Divorce. …
Continue Reading Court Grants 50% LLC Member Derivative Right to Defend Action Brought by Other 50% Member’s Solely Owned Company
Can LLC Agreement Waive Right to Sue Derivatively? Not in These Two Cases
By Peter A. Mahler on
Derivative actions brought by LLC members take the spotlight for the second week in a row, this time featuring a pair of noteworthy decisions involving Delaware and Nevada LLCs in which the defendants argued that the plaintiff’s right to sue derivatively was waived by the operating agreement. Learn more in this week’s New York Business Divorce. …
Continue Reading Can LLC Agreement Waive Right to Sue Derivatively? Not in These Two Cases