The laws authorizing “oppressed” minority shareholders to petition for corporate dissolution also give the majority shareholders the right to avoid litigating dissolution by electing to purchase the petitioner’s shares for fair value. This week’s New York Business Divorce highlights a recent case in which the court refused to permit an untimely election.
Continue Reading Timing is Everything When it Comes to the Buyout Election in Corporate Dissolution Cases
Second Department
Courts Differ on Application of Marketability Discount in Stock Valuation Proceedings
By Peter A. Mahler on
Posted in Valuation, Valuation Discounts
New York courts generally will apply a discount for lack of marketability in valuing the shares of closely held corporations in buyout proceedings triggered by judicial dissolution. Whether the discount applies only to goodwill, or to the entire enterprise value, may depend on which court you’re in. Find out more in this week’s New York Business Divorce.
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Continue Reading Courts Differ on Application of Marketability Discount in Stock Valuation Proceedings
LLC Members May Bring Derivative Suits
By Peter A. Mahler on
Read about a decision issued today by New York’s highest court, upholding the right of LLC members to bring derivative lawsuits on behalf of LLCs.
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Continue Reading LLC Members May Bring Derivative Suits
Lawyers Suing Lawyers
By Peter A. Mahler on
A decision last week by New York’s highest court may have registered an uptick on the public’s schadenfreude meter, at least among the portion of the public who hold the legal profession in low esteem and who therefore might enjoy the sight of internecine warfare among splitting partners of a law firm.
In Ederer v. …