manager-managed

Does an Inactive Member of a Member-Managed LLC Owe Fiduciary Duties?

By Peter A. Mahler on October 22, 2018

This week’s New York Business Divorce examines a noteworthy decision by Manhattan Commercial Division Justice Barry Ostrager in which he held that a member of a member-managed LLC owes fiduciary duties regardless whether the member actively participates in the LLC’s management. …
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Can LLC Members Walk Away From Fiduciary Duties?

By Peter A. Mahler on December 14, 2015

Posted in LLCs

A case decided last month by Justice Timothy Driscoll in Gilbert v Weintraub raises but doesn’t answer the tantalizing question whether a member of a multi-member, member-managed LLC with no operating agreement can shed fiduciary obligations and freely start a competing business by disavowing any management role in the prior business. This week’s New York Business Divorce has the story. …
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