NJ Business Owner Rights Blog
The COVID-19 Crisis Impacts LLCs and Partnerships
We have suddenly found ourselves in troubled economic times in New Jersey due to the COVID-19 crisis. For the past two weeks, I have received many calls about partnerships and limited liability companies (“LLC”). People want to know if they can make capital calls,...
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...
Can My Lawyer Represent Me and My LLC?
Can my lawyer represent me and my LLC? Simply put, no a lawyer cannot represent both the LLC and individual members in a shareholder dispute where there is a history of the lawyer representing the LLC and looking out for the interests of the members in the past, and...
New Jersey Limited Liability Company Law & Forced Member Buyouts
In my prior blogs, I have addressed the importance of having an operating agreement for any business owner. Most importantly, for those operating as a limited liability company. I have also covered legislative changes in New Jersey with the adoption of the Revised...
Does an LLC’s Operating Agreement Control Valuation?
Will the terms of my operating agreement control valuation of my member interest in any future dispute even where the members have failed to follow it in the past? In short, probably. Think of the operating agreement for your limited liability company as the key to...
Should You Force a Shareholder Dispute Into Arbitration?
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...
How the New Jersey LLC Law Impacts Your Business
Members of any New Jersey company that operates as a LLC need to fully understand the 2012 Revised LLC Act. This New Jersey LLC law applies to all LLCs, whenever formed. The Act improved and filled gaps in prior New Jersey law. Likewise, the Revised LLC Act updated...
New Jersey Business Divorce Without the Drama
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...
Partner and Shareholder Disputes – Welcome to the Peckar & Abramson Blog
When shareholder disputes arise between members of closely-held limited liability companies, or partners in a partnership, it is essential that an aggrieved person obtain legal representation from those with knowledge and skill in this highly specialized area of law....
