USA

It’s true that the statutory and common-law rules at play in business divorce cases can vary widely from state to state. But it’s also true that court decisions in one state can influence courts in other states, and can provide business divorce lawyers with fresh ideas and novel arguments. I like to think of it as legal cross-pollination.

For many years, one of the nation’s leading authorities on business organization law, Professor Elizabeth Miller at Baylor Law School, has been collecting, curating, and publishing detailed synopses of cases from around the country involving LLCs and other unincorporated business entities, with a large complement of dissolution, breach of fiduciary duty, and other cases featuring disputes among business co-owners. It’s a terrific resource for keeping up with nationwide case law developments. Some of Professor Miller’s summaries can be found online, but the best way for lawyers to gain access to them on a regular basis is to join the LLCs, Partnerships and Unincorporated Entities Committee of the ABA’s Business Law Section. That’s the same committee that sponsors the incomparable LLC Institute every year.

Professor Miller’s most recent sampling of (non-Delaware) partnership and LLC cases was presented at a session of the 2017 Spring Meeting of the Business Law Section in New Orleans. I’ve selected from it and further distilled in the following summaries a quintet of business divorce cases from a quintet of states other than New York. Continue Reading Business Divorce Nation: Five States, Five Cases

LLC Institute

I’m pleased to publicize three upcoming continuing education programs of special interest to business divorce practitioners, business appraisers, and the broader universe of lawyers and other professionals interested in the myriad issues concerning limited liability companies and related unincorporated business entities.

The LLC Institute. The first one, which I’ll be attending but not presenting at as I did last year, is the 4th annual meeting of the LLC Institute, a two-day program being held on November 12 and 13, 2015, at the Le Meridien Arlington and Waterview Conference Center in Arlington, Virginia. The LLC Institute is sponsored by the LLCs, Partnerships and Unincorporated Entities Committee of the American Bar Association under the leadership of Committee Chair Thomas Rutledge who has put together an exciting program for this year’s meeting, with something for everyone who practices in the field.

The LLC Institute’s program reflects the Committee’s mission to be the pre-eminent annual gathering of academic and practicing attorneys for the exchange of ideas and information on what is now the dominant organizational form, the LLC, as well as related developments in the law of related business organizations. The gathering’s aim is to provide practical insight and guidance as to the law of LLCs as well as the place of the LLC in related fields such as securities regulation, the Uniform Commercial  Code, taxation, and bankruptcy. Continue Reading Don’t Miss These Upcoming Programs on LLCs and Business Valuation