derivative actions

6 min read 2022-01-03 15:58:15

Singin’ the Derivative Plaintiff Blues

If you ask me to name the most common skirmishes over the adequacy of pleadings at the outset of business divorce litigation, at or near the top of

4 min read 2021-11-29 19:52:44

#MeToo and Business Divorce: The Flip Side

Two years ago, Peter Mahler wrote about a dissolution lawsuit by a female minority shareholder alleging that her male co-shareholders condoned a

1 min read 2021-10-11 18:54:32

The Doctrine of Tax Estoppel in Ownership Status Disputes

Ownership status in a closely-held business is the first and most vital box almost every business divorce petitioner must check. Equity ownership is

6 min read 2021-04-19 18:03:48

The Money’s There But Out of Reach for the Minority LLC Member

Of late I’ve been ruminating on New York’s membership in the shrinking pool of states that don’t recognize oppression of an LLC minority member

6 min read 2021-03-22 18:17:22

Civil RICO: A Blunt But Elusive Tool in Business Divorce Cases

What do business divorce litigants have in common with the frill-necked lizard? At the outset of confrontation, they both use in terrorem tactics in

6 min read 2020-12-07 19:59:09

Fee Sharing in LLC Derivative Suits: A Common Law Right and a One Way Street

BCL 626 governs shareholder derivative actions, or suits brought by individual shareholders on behalf of, and for injury to, the corporation.

6 min read 2020-11-23 19:25:42

Business Divorce on the Menu

The restaurant business is on the skids amid the COVID-19 pandemic. Yelp reports that 60% of closed restaurants won’t re-open. Apart from the

6 min read 2020-09-21 18:07:27

Two Entities, Two Outcomes: Withdrawal and the Right to an Accounting

In Jacobs v Cartalemi, now the leading case on the subject of LLC member withdrawal (which our firm had the pleasure of litigating), the Appellate

6 min read 2020-08-03 17:48:02

A Business Divorce Rarity: The Jury Trial

The mystique of the jury trial is deeply embedded in the social consciousness of our country. Non-lawyers who think of litigation tend to recall

5 min read 2020-06-15 18:29:09

A Trio of Recent Business Divorce Decisions by Manhattan Commercial Division Judges

The COVID-19 pandemic kept New York’s courthouses dark the last few months, but it didn’t slow down the output of decisions by Commercial

6 min read 2020-06-03 20:15:37

High Court applies common law, not statutory, test to application for permission to bring derivative claim on behalf of LLP

The High Court has ruled that where a member of an LLP seeks permission to bring a derivative claim on its behalf, it is the common law test

WIll the Pandemic Be a Boon for Future LLC Dissolution Claimants?

7 min read 2020-05-11 17:19:38

Tag : Derivative Actions