This week’s New York Business Divorce revisits a recurrent fact pattern featured in a recent Florida case involving a conflict between provision in a partnership agreement restricting transfer upon death and the deceased partner’s testamentary devise of the partnership interest.
Continue Reading When It Comes to Transfers of Ownership Interests, Where There’s a Will There’s Not Always a Way
This week’s New York Business Divorce features an interesting decision holding that personal representatives of an estate lack standing to maintain a derivative action on behalf of a limited partnership, commenced by the decedent while alive.
Continue Reading Death of Limited Partner Disarms Derivative Action
The partnership form of business association largely has faded from the scene as a vehicle for commercial enterprises, in favor of LLCs and S corporations, but there remains a trickle of litigated cases involving partnership breakups, three of which are highlighted in this week’s New York Business Divorce.
Continue Reading A Potpourri of Partnership Breakups
A Manhattan appellate panel recently ordered a trial in a suit between the estate of a deceased law firm partner and the surviving partner over whether the latter’s post-death admission of a new partner was part of an alleged “sham” transaction designed to defeat the estate’s entitlement to receive half the firm’s assets upon dissolution and liquidation. You won’t want to miss it in this week’s New York Business Divorce.
Continue Reading Court in Law Firm Dissolution Suit Must Decide, Was Partnership a “Sham”?