The Role of a Non-Compete or Non-Solicitation Agreement in Shareholder and Partnership Disputes
It is quite common for shareholders, members of a limited liability company, or partners in a partnership, to include non-compete and non-solicitation provisions in the parties’ underlying operating, shareholder or partnership agreement. In most of the cases we deal...
If Your Shareholder or Partnership Agreement is Ancient and Has Not Been Followed For Years, Can You Argue that It Has Been “Abandoned” In Order to Avoid Its Terms?
In several shareholder disputes we have handled, the other side has attempted to argue that a shareholder agreement executed years prior by the shareholders, had fallen into disfavor and was not typically followed, such that it had become “unenforceable” because it...
ICDR Issues Final Award In Shareholder Oppression Case
Shareholder oppression takes many forms. Also, oppression can be difficult to address especially when co-shareholders are foreign entities who are not easily sued in the American courts. Recently, I led a team who secured a substantial award from the American...