This week’s New York Business Divorce post features a decision after valuation trial nine-years in the making, determining the fair value of a 50% interest in two family-owned real estate holding companies
It’s not every day that New York’s highest court considers a question impacting the business divorce cases that we typically litigate. But a recent decision from the Court of Appeals requires careful consideration by any owner of a foreign-incorporated entity considering New York litigation.
Continue Reading Court of Appeals Bolsters the Internal Affairs Doctrine, Takes a Stroll Through Scottish Fiduciary Law
A recent Commercial Division decision illustrates anew the elevated challenge of suing for judicial dissolution of a viable realty-holding company — even when the estranged co-members are already immersed in multiple litigations. Read about it in this week’s New York Business Divorce.
Continue Reading It Takes More Than a Litigation Tsunami Between Hostile Members to Obtain Judicial Dissolution of a Realty-Holding LLC
Oral joint venture agreements tend to be the murkiest, easiest to allege, and difficult to disprove of all closely-held business relations. Learn more in this week’s New York Business Divorce.
Continue Reading Oral Joint Ventures: The Wild West of Business Associations
A law firm with high-upside contingency-fee cases that accepted payment in cryptocurrency tokens might be one of the most difficult companies to value. This week’s post explores a recent SDNY decision on such a company.
Continue Reading When Law Firms Break Bad: The Valuation Battle Over Contingency Fees and Crypto Tokens
This week’s New York Business Divorce showcases how courts reign in aggrieved limited partners whose demands stray from the plain terms of the limited partnership agreement
Continue Reading You Get What You Get, and You Don’t Get Upset: First Department Boots Limited Partner’s Claims Based on Plain Terms of Limited Partnership Agreement
In this week’s New York Business Divorce, read about the intervention rules and some of the challenges they pose for closely-held business owners hoping to intervene in derivative litigation.
Continue Reading Limo Company Shareholders Can’t Hitch a Ride in Derivative Litigation
This week’s post unpacks the fatal flaws in a mostly-precluded discounted cash flow calculation in a New York appraisal proceeding.
Continue Reading Your Business Appraiser Relied on What!? Lessons from a Mostly-Decided Motion to Preclude
A federal lawsuit ostensibly about trademark infringement morphs into a contest over control of a Delaware LLC in which the two sides offer materially different copies of the same operating agreement, with each side accusing the other of forgery. Learn more in this week’s New York Business Divorce.
Continue Reading Battle for Company Control Turns on Conflicting Copies of Operating Agreement Amid Accusations of “Old-Fashioned Forgery”
In this week’s New York Business Divorce, learn how a son’s betrayal of his own mother while managing the famous Stardust Diner ensnared an accounting firm in claims of malpractice and aiding and abetting fraud for declining to inform the mother of the son’s financial misdeeds.
Continue Reading Business Divorce and Accountant Liability