This week’s New York Business Divorce authored by Frank McRoberts focuses on a relatively rare issue decided by Albany Commercial Division Justice Richard Platkin involving a dissolution petitioner’s request for permission to withdraw the dissolution claim in order to defeat the majority’s buy-out election.
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Platkin
Business Appraisers Spar Over Tax Rates, Market Approach and Other Key Issues in Fair Value Buy-Out Case
It’s time for another deep dive into fair value jurisprudence, courtesy of Justice Richard Platkin’s recent decision in the Digeser v. Flach case in which he addresses a number of valuation issues contested by the opposing business appraisal experts. Don’t miss it in this week’s New York Business Divorce.
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An Oppression How-To: Revoke Employment, Profit Sharing and Control
This week’s New York Business Divorce highlights an appellate opinion affirming a lower court’s findings of grounds for dissolution in a “classic” case of minority shareholder oppression.
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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. …
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Winter Case Notes: LLC Manager Removal and Other Recent Decisions of Interest
New York Business Divorce this week inaugurates Winter Case Notes, offering synopses of three recent decisions by Supreme Court Justices Richard Platkin, Stephen Bucaria, and Cynthia Kern in cases involving the removal of an LLC manager and other issues of interest to business divorce professionals.
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Death of a Shareholder
This week’s New York Business Divorce highlights a recent decision by Justice Richard Platkin in a case involving a fractured family-owned business where the deaths of two shareholders before and during litigation triggered a consequential change in control. …
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A Classic Case of Minority Shareholder Oppression
If you’re looking for a good old-fashioned case of minority shareholder oppression, look no further than this week’s New York Business Divorce which examines Justice Richard Platkin’s recent decision in Matter of Digeser v Flach. …
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Post-Buyout Election Interim Remedies: Bond, Injunction, or Both?
Justice Richard Platkin’s decision last month in O’Connor v. Coccadotts, Inc., denying a dissolution petitioner’s preliminary injunction motion after the respondent elected to purchase the petitioner’s shares, focuses attention on the interim remedies available to ensure that the eventual fair-value award will be paid. Learn more in this week’s New York Business Divorce. …
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Special Rules Govern Service in Corporate Dissolution Proceedings
This week’s New York Business Divorce highlights a recent, important ruling by an appellate court concerning the requirements for service of the petition in corporate dissolution proceedings. …
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A Potpourri of Procedural Issues in Dissolution Cases
Disputes over procedural issues are no less common in dissolution proceedings — and with consequences no less important — than in other types of civil litigation. This week’s New York Business Divorce samples a number of recent court decisions highlighting an array of procedural issues that come up in dissolution cases.
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