Business Owner Rights
Should You Force a Shareholder Dispute Into Arbitration?
Published Date: October 9, 2023
I’ve been in the unenviable situation of taking over a shareholder dispute where the client has been bogged down in litigation and has become frustrated with her counsel. It can be the case at times that majority members of an LLC or corporation freeze out a minority member, deprive them of their position and the financial remuneration that comes with [...] Read More
New Jersey Business Divorce Without the Drama
Published Date: September 25, 2023
With over twenty years of experience dealing with New Jersey business divorce, I wish clients would contact me when they first thought about a business break-up. Too often, partners, co-members or fellow shareholders forego legal advice and instead try to "make a break" on their own. Rather, they only hire legal counsel when things get ugly. Therefore, the purpose of [...] Read More
Members, Shareholders and Outside Opportunities
Published Date: August 1, 2022
When a LLC or closely-held corporation is thriving and everyone is doing well, there may not be friction or infighting. In good times, one rarely cares what the other shareholders or members are doing in their spare time. But, in our experience, things change when times get tough. During these times, some question a significant imbalance between the earnings of the [...] Read More
When a Shareholder Dispute Goes Off the Rails
Published Date: July 22, 2022
New Jersey shareholder disputes take many forms, and are often fodder for colorful opinions from the Courts. A new opinion from the New Jersey Supreme Court in a long-standing shareholder dispute, Sipko v. Koger, provides some concrete lessons on how not to handle such a dispute. It also shows that digging in and fighting hard may not be the best [...] Read More
Forced Expulsion of a New Jersey Limited Liability Company Member
Published Date: July 19, 2022
What happens when the relationship between members of an LLC becomes acrimonious perhaps even the subject of litigation? Can a forced expulsion of a LLC member happen because of his or her actions? There are not easy answers to these questions. The expulsion provisions in New Jersey’s Revised Uniform Limited Liability Company Act (“LLC Act”) statute are relatively new. However, [...] Read More
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