It’s time for another trip across the country with this week’s New York Business Divorce, as it examines five decisions last year by courts outside New York in business divorce cases.
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Beware Diversity Trap in Federal Court Business Divorce Cases Involving LLCs
By Peter A. Mahler on
This week’s New York Business Divorce examines the “diversity trap” in business divorce cases involving LLCs brought in federal court, highlighting a recent decision by SDNY District Judge Edgardo Ramos dismissing for lack of jurisdiction a suit between former law firm partners.
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A Pair of Unbrotherly Business Altercations Go to Trial
By Peter A. Mahler on
This week’s New York Business Divorce features a pair of post-trial decisions by Justice Timothy Dufficy in two cases — one seeking dissolution of an LLC, the other seeking to establish a de facto partnership — both of which involved contested ownership as between two sets of brothers.
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Winter Case Notes: De Facto Partnership and Other Recent Decisions of Interest
This week’s New York Business Divorce offers its annual Winter Case Notes with synopses of four recent decisions by Supreme Court Justices Elizabeth Emerson, Stephen Bucaria, and Charles Ramos in cases involving partnership, close corporation, and LLC disputes.
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Thinking About Becoming a Minority Member of a New York LLC Without an Operating Agreement? Think Again
By Peter A. Mahler on
Few recent cases in the business divorce field are as important as last week’s appellate affirmance in the Shapiro case, allowing majority LLC members to adopt an operating agreement that binds non-signatory minority members. Get the story in this week’s New York Business Divorce.
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Operating Agreement Trumps Falsified Liquor License Application In Dispute Over LLC Membership
By Franklin C. McRoberts on
The case featured in this week’s New York Business Divorce illustrates the havoc that can follow when company owners create inconsistent ownership records for purposes of deceiving government agencies.
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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.
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Sole Owners of Close Corporation and LLC Discover They’re Not So Sole
By Peter A. Mahler on
Conflicts over ownership in close corporations and LLCs, usually accompanied by conflicting or inadequate documentation, continue to generate court decisions of interest, two of which get the treatment in this week’s New York Business Divorce. …
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Another Frozen-Out Minority LLC Member’s Petition for Dissolution Bites the . . . Sushi?
By Peter A. Mahler on
Brooklyn’s newest Commercial Division Justice, Sylvia G. Ash, last month handed down an interesting decision denying a petition for judicial dissolution of an LLC brought by a 25% member alleging freeze-out. Catch up with the latest developments in this week’s New York Business Divorce.
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She’s a Tie-Breaker, She’s a Risk Taker
By Peter A. Mahler on
A recent decision by Justice Martin Ritholtz addresses a novel claim by one of two 50% LLC members for breach of fiduciary duty by a non-member designated by the operating agreement as tie-breaker to resolve member deadlock. It’s in this week’s New York Business Divorce.
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