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When an LLC Manager’s “Sole and Absolute Discretion” is Neither Sole Nor Absolute

Photo of Peter Mahler
By Peter Mahler on May 4, 2020
Posted in LLCs, Operating Agreement

Is there such a thing as a contractually-infused, common-law fiduciary duty that can override an LLC manager’s “sole and absolute discretion”? Decide for yourself when you read this week’s New York Business Divorce.
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