A recent decision from New York County Justice Reed inspires a closer look at the circumstances under which a minority LLC owner can compel the majority to make distributions.
Continue Reading Prudent Management or Financial Starvation: Can Minority Members Compel the Majority to Make Distributions?
direct vs. derivative
Winter Case Notes: Tax Estoppel (Not) to the Rescue and Other Decisions of Interest
By Peter A. Mahler on
Posted in Winter Case Notes
This week’s New York Business Divorce offers its annual Winter Case Notes with synopses of four recent, noteworthy decisions by New York courts.
Continue Reading Winter Case Notes: Tax Estoppel (Not) to the Rescue and Other Decisions of Interest
Singin’ the Derivative Plaintiff Blues
By Peter A. Mahler on
Posted in Derivative Actions
Pleading a derivative claim as direct, a direct claim as derivative, or intermingling direct and derivative claims, will likely invite time consuming and potentially expensive motion practice at the outset of a business divorce case. This week’s New York Business Divorce highlights the pitfalls.
Continue Reading Singin’ the Derivative Plaintiff Blues