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
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Basics of Valuation Proceedings – Litigating an Appraisal from Start to Finish – Part 1
By Franklin C. McRoberts on
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.
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The Cash-Out Merger Solution to the Problem Minority Owner
By Franklin C. McRoberts on
Posted in Expulsion and Removal, Freeze-Out Merger
Are you in business with, or advising a business with, a disruptive minority partner, shareholder, or member? What can you do about it? In this week’s New York Business Divorce we consider one option – the “cash-out” or “freeze-out” merger.
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Operating Agreement Defeats Statutory Buyout Rights Upon LLC Member’s Withdrawal
By Peter A. Mahler on
The Appellate Division, Second Department last week decided a trio of appeals in related cases concerning the consequences of an LLC member’s withdrawal, holding that the member was not entitled to a fair-value buyout and that upon withdrawal he lost standing to maintain derivative claims. Read all about it in this week’s New York Business Divorce. …
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Can the Bare Naked Assignee Demand Access to LLC Records?
By Peter A. Mahler on
Professor Daniel Kleinberger’s article, The Plight of the Bare Naked Assignee, is the springboard for this week’s post about whether assignees of an LLC membership interest should have a right inspect LLC records. It’s in this week’s New York Business Divorce.
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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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When Love and Business Fails
By Franklin C. McRoberts on
Posted in Corporate Governance, Derivative Actions
The mix of romance and business partnership can prove toxic when one or the other fails, as illustrated in a case recently decided by Queens County Justice Dufficy in Shih v. Kim, highlighted in this week’s New York Business Divorce. …
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Limited Partners Take a Licking in Two Delaware Supreme Court Decisions
By Peter A. Mahler on
A pair of important decisions last month by the Delaware Supreme Court handed defeats to limited partners challenging conflicted asset sales by the general partner. Learn more in this week’s New York Business Divorce.
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Top 10 Business Divorce Cases of 2016
By Peter A. Mahler on
Posted in Annual Top 10 Cases
New York Business Divorce proudly presents its ninth annual list of the past year’s ten most noteworthy business divorce cases, along with short summaries and links to prior posts on the featured cases. Happy Holidays!
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