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Business Ownership Business Divorce

Bradley Arant Boult Cummings LLP

The Founder’s Dilemma: Stoking the Company’s Fire Without Forfeiting the Founder’s Interest in the Business

Fast-growing private companies are exciting to observe as outsiders, but on the inside the company founder has the challenge of securing enough capital to fuel the rapid growth of the business. The company’s continuous need...more

Bradley Arant Boult Cummings LLP

The Intersection of Business in Marital Divorce Cases: Business Issues That Often Arise in Family Law Proceedings 

When divorcing couples hold ownership interests in private companies as part of their marital estate, they will have to address a number of business issues related to these interests in their divorce settlement. Planning...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

Stradling Yocca Carlson & Rauth

California Business Divorce: Understanding IP Ownership in the Context of Operating a California Business

Picture a renowned winery in the heart of Napa Valley that has built its reputation on a trademark that connoisseurs associate with exceptional quality. This trademark, a symbol of years of hard work and dedication,...more

Bradley Arant Boult Cummings LLP

Time to Sell? Are You and Your Company Prepared to Go After the Elusive Pot of Gold?

After devoting long hours and years of hard work in building their companies, majority owners of private businesses may reach a point where they consider whether it is time for them to sell. This large question – Is now the...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.

The Flexible “For Cause” Standard for Director and Officer Removal

Farrell Fritz, P.C. on

Sections 706 (d) and 716 (c) of the Business Corporation Law (the “BCL”) both contain a “for cause” standard for judicial removal of corporate directors and officers. Complaints with claims for judicial corporate director and...more

Farrell Fritz, P.C.

Top 10 Business Divorce Cases of 2023

Farrell Fritz, P.C. on

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

DarrowEverett LLP on

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

Bradley Arant Boult Cummings LLP

Driving Between the Lines: As a Private Company Majority Owner, What Are the Rules for Dealing with Minority Business Partners

The one who has the gold often makes all the rules, but the majority owner of a private company who has minority partners in the business does not have complete freedom, because majority owners owe duties that apply to their...more

Bradley Arant Boult Cummings LLP

Successfully Dividing Business Assets in a Marital Divorce: Creative Options for Valuing and Dividing Private Company Interests

Marital divorces are often difficult under the best of circumstances, but tensions may be even higher when the marital estate includes substantial interests the married couple own jointly in private companies, which they are...more

Bradley Arant Boult Cummings LLP

You Want to Sell Your Business for What? Securing a Beautiful Sale Price at Closing 

We accept that beauty is in eye of the beholder but determining what a private company is worth should be much more objective. Yet, for a business owner who is considering a sale of the company, it may come as a surprise that...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

Bradley Arant Boult Cummings LLP

Breaking Up Is Hard to Do: Issues to Consider in a Business Divorce

It may be a reflection of summer’s lazy days or a simmering frustration that has built up over time, but it is not uncommon for a majority owner or a minority investor in a private company to decide the time has come to...more

Schwabe, Williamson & Wyatt PC

OP-ED: How Construction Companies Can Plan For a Smooth Transition

Warning: Don’t forget to plan for ownership and leadership transition, whether for growth or an exit from the business. For the past few years, the construction industry has been booming. Businesses have been hustling to...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

Robson & Robson, P.C.

The Pennsylvania Supreme Court Makes It Harder For Business Owners To Escape Legal Liability By Hiding Behind Corporate Structures

Robson & Robson, P.C. on

“Piercing the corporate veil” is one of those legal terms that makes a legal action seem more romantic than it really is. When a party to a legal dispute attempts to pierce the corporate veil of a corporate adversary, they...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

After the Bubbly Is Gone: Business Resolutions for Majority Owners of Private Companies to Consider in the New Year

Following a challenging year for business owners, the time to decompress and celebrate with family and friends this holiday season provided a necessary respite. When business resumes, however, there are important action items...more

Miles Mediation & Arbitration

Mitigate the Damages in Business Divorce Through the Use of ADR

As is true with other relationships, some business relationships do not stand the test of time.  Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding employees,...more

Farrell Fritz, P.C.

Three Strikes You’re Out: Sebrow Revisited

Farrell Fritz, P.C. on

A year and a half ago, we blogged about a decision in which Bronx County Supreme Court Justice Llinet M. Rosado ruled that a shareholder’s alleged stock transfer through a bequest in his last will and testament was...more

Farrell Fritz, P.C.

It’s Time to Address Sex Discrimination Against Women Owners of Closely Held Companies, Say These Two Law Professors

Farrell Fritz, P.C. on

Longtime readers of this blog may recall a post I wrote three years ago titled Minority Shareholder Oppression in the #MeToo Era. The post highlighted an apparent first-of-its-kind decision in a judicial dissolution case...more

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