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Business Disputes Business Ownership

Mandelbaum Barrett PC

The Benefits of Arbitration in Business Disputes

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Arbitration is becoming an increasingly vital tool for business owners and entrepreneurs in 2024, as over 80% of businesses find arbitration to be more efficient and less costly compared to traditional court litigation,...more

Bradley Arant Boult Cummings LLP

Opening Up the Business Partner Time Capsule: Partnership Lessons Shared by Owners and Investors

Hindsight can be a wonderful thing, especially if hard-earned lessons are adopted by others who are willing to learn from past mistakes. When private company owners and investors share with me some of the wisdom they have...more

Bradley Arant Boult Cummings LLP

Resilience Required: “CRAP” Is Necessary to Blossom as the Successful Majority Owner of a Private Company

Private company owners strive for success but getting there is not an easy or straight path. I have been working closely with business owners now for more than 40 years, and I have been reflecting on the key character traits...more

Farrell Fritz, P.C.

Top 10 Business Divorce Cases of 2023

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Some years are easier than others to select the most significant business divorce cases. In this, the 16th year I’ve published this top-10 list, the task is made especially difficult by a veritable flood of court decisions...more

DarrowEverett LLP

Buyouts of Closely Held Shares: All’s Fair Value in Love and War

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In matters of corporate divorce, deadlock, majority oppression, or usurpation of corporate opportunities are all well-tread grounds for disputes between co-owners of closely held entities. These disputes often culminate in...more

Farrell Fritz, P.C.

“Irreparable Harm” and Injunctions in Close Business Owner Disputes

Farrell Fritz, P.C. on

Injunctions are an indispensable weapon in the business divorce lawyer’s arsenal. Primarily defensive in nature, temporary restraining orders and preliminary injunctions tend to feature prominently at the outset of business...more

DarrowEverett LLP

Til Death Do Us Part? Corporate Divorce Can Be Messy, But Not for the Prepared

DarrowEverett LLP on

While no one enters a partnership expecting it to end in divorce, no one is immune to failure. In the world of business, partnerships can sometimes mirror the complexities of personal relationships. Often, it is the “we’ve...more

Allen Matkins

Gain Without Regard To Profits Does Not A Partnership Make

Allen Matkins on

It does not take much to create a partnership under California's Uniform Partnership Act of 1994, which defines a partnership as "the association of two or more persons to carry on as coowners a business for profit forms a...more

Bradley Arant Boult Cummings LLP

The Time to Say Goodbye to Your Business Partner: When Subtraction Results in Addition for the Company

Successful private company owners often share the traits of having vision, passion and a strong sense of purpose. That does not mean that they govern their companies without having any disagreements with their minority...more

Bodman

Arbitration of Business Ownership Disputes: Great in Theory, Not Always So in Practice

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Business partners and co-owners aren’t always going to see eye-to-eye. While they may share the same goals and interests in the broadest sense – building and sustaining a successful company – everything under that umbrella is...more

Farrell Fritz, P.C.

Operating Agreement Trumps Postnup in High Stakes Battle Over Transfer of LLC Interest

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Husband owns 99% membership of manager-managed LLC. Children own remaining 1%. Postnuptial agreement says husband’s “interest” in LLC goes to wife. LLC agreement says any transferee is not admitted as a member absent the...more

Robson & Robson, P.C.

PA. Superior Court Channels Spider-Man: Rules That In Business Partnerships, Great Power Comes With Great Responsibility...

Robson & Robson, P.C. on

Business partnerships are built on the trust and loyalty of their participants. Without mutual coordination and honesty among all involved, tensions will inevitably arise that could derail a partnership’s success. The...more

Robson & Robson, P.C.

Claiming Ownership Of A Company? You Better Have The Receipts

Robson & Robson, P.C. on

Over the past few years, the term “receipts” has entered the pop culture lexicon to mean something broader than its traditional definition of a document that acknowledges either the receiving of a product or service, or money...more

Bradley Arant Boult Cummings LLP

Buy-Sell Agreements May Not Be the Holy Grail, But They Can Help Limit Headache and Heartache

Disagreements are common between business partners in private companies, but most do not lead to a partner exit. When partner conflicts become severe enough to warrant a business divorce, however, majority owners and minority...more

Stradling Yocca Carlson & Rauth

California Business Divorce: "Top 3" Biggest Mistakes Owners Make When Starting a New Business

Many clients come to us seeking a business divorce without any written agreement setting forth clear, viable rules for dissolution… and they are genuinely surprised to learn about the statistics associated with their plight....more

Farrell Fritz, P.C.

This Is Not Your Father’s Brady Bunch

Farrell Fritz, P.C. on

If ever there was a ticking time bomb of a family-owned, closely held business more likely to result in business divorce litigation than the one in Matter of Brady v Brady, 2021 NY Slip Op 02705 [4th Dept Apr. 30, 2021], I...more

Saul Ewing LLP

How can an emergency injunction save your business?

Saul Ewing LLP on

In this episode of "The Entrepreneur Advisor," Partner Steven Malitz of Saul Ewing Arnstein & Lehr’s Litigation Practice discusses how emergency injunctions may be obtained and used as a tool to protect business interests....more

McDermott Will & Emery

[Webinar] Startup-Woche Düsseldorf | Legal FAQs: Die wichtigsten Fragen & Antworten - September 17th, 10:00 am - 11:30 am CET

Welche rechtlichen Stolpersteine solltest du beim Gründen und Wachsen beachten? Bei unserem Online-Seminar „Legal FAQs: Die wichtigsten Fragen & Antworten“ stehen dir unsere Experten Rede und Antwort. Auch 2020 ist McDermott...more

McDermott Will & Emery

[Webinar] Startup Week Düsseldorf | Legal FAQs: The most important questions & answers - September 17th, 10:00 am - 11:30 am CET

What legal stumbling blocks should you be aware of when founding and growing? Our experts are available to answer your questions at our online seminar “Legal FAQs: The most important questions and answers”. In 2020,...more

Farrell Fritz, P.C.

Business Divorce in the Surrogate’s Court

Farrell Fritz, P.C. on

Like business divorce, New York trusts and estates litigation (“T&E”) is a highly specialized niche of the law. T&E litigators have their own universe of substantive law, their own set of procedural rules – the Surrogate’s...more

Bradley Arant Boult Cummings LLP

The Importance of Dividend Policies for Family-Owned Businesses

In our family business practice, we commonly see conflicts between shareholders who are active in the business and shareholders who are not active in the business. The conflict usually arises from the relatively rich...more

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