One might assume that pending legal matters at the time of a law partnership’s dissolution are firm assets or property. Not so, held the New York Court of Appeals in a ruling that practically guarantees prolonged litigation over the correct valuation and allocation of contingency fee cases when law partnerships dissolve. Read about one recent example in this week’s New York Business Divorce.
But, IS Loss Sharing an “Indispensable Element” of Partnership? Not If You Contract Around It.
Happy 2026 to all!
A new year offers a new opportunity to shed the old and embrace the new. So, it is fitting that we kick off another year on New York Business Divorce with a case that involves a little old and a little new.
First, the old: In the world of partnerships
Recent Appellate Rulings Address Novel Issues in General Partnership Disputes
While the general partnership form of business association is long past its prime, we still see the occasional partnership dispute make its way to court. This week’s New York Business Divorce looks at recent appellate decisions from Pennsylvania and New Jersey resolving novel issues in two such disputes.
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The “Illegality” Defense to Partnership Formation
In this week’s New York Business Divorce, read about a recent decision dismissing a partnership dissolution petition finding the alleged partnership unenforceable under the doctrine of illegality. Outcomes like this are rare. Learn why in this week’s article.
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Enforceability of Oral Operating, Shareholder, and Partnership Agreements
In this week’s New York Business Divorce, we tackle the rules governing enforceability of oral partnership, shareholder, and operating agreements, including a first-impression appeals court decision addressing the validity of an alleged oral modification of written limited partnership agreement under New York’s Revised Limited Partnership Act.
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Can an Arbitrator Order Extra-Judicial Dissolution?
In this week’s New York Business Divorce, we consider the important but rarely litigated question of whether an arbitrator has the power to extra-judicially dissolve a New York business entity.
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When Dealing in Partnership Owned Real Property, Caveat Emptor
In this week’s New York Business Divorce, read about how dissenting general partners can potentially wreak havoc on partnership real property sales, and how buyers can protect themselves from judicial invalidation of their transactions.
Continue Reading When Dealing in Partnership Owned Real Property, Caveat Emptor
Corporate Frankenstein “Partnership to Form a Corporation” Lives Another Day
Is is a partnership? Or is it a corporation? Can an entity be both at once? Find out in this week’s New York Business Divorce.
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Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law
Is there a meaningful difference between the deadlock standard for judicial dissolution under the Partnership Law and the Business Corporation Law? Perhaps. Read on in this week’s New York Business Divorce.
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How to Avoid Bad Blood Over Goodwill in Professional Partnership Valuations
A recent decision by Justice Richard Platkin concerning a dispute over the inclusion of goodwill value in a partnership valuation case takes the spotlight in this week’s New York Business Divorce.
Continue Reading How to Avoid Bad Blood Over Goodwill in Professional Partnership Valuations