Nobody looks forward to litigation, as the costs of both time and money can be extreme. And business divorce litigation can be terribly disruptive to the company the owners are fighting over. Consequently, majority owners often do not take threats of litigation seriously. » Read More

Often a minority shareholder who has issues with the majority owners and wants “out” is not alone; often more than one minority owner has the same, or at least similar, issues or complaints. But is “strength in numbers” always a good thing?  » Read More

In business divorce litigation, as in many other types of cases, parties sometimes make admissions that you wish you had on tape. Because of this, sometimes surreptitiously recording a conversation with your business partner is the best way to prove certain things. » Read More

Many times, clients will take unnecessarily aggressive postures in prosecuting (or even defending against) shareholder oppression litigation, to “send a message” to the other side. Sometimes, the goal is to drive up the other side’s legal fees on the assumption that they cannot afford the fees while you can. » Read More

Shareholder dispute litigation may often be an effective way to achieve a remedy for wrongdoing committed by the majority, such as getting paid for your shares. However, filing litigation against your business partners may not be the most cost-effective way of obtaining such relief. » Read More

Attorneys often use the phrase “business divorce” to describe when business partners can no longer get along and want to be legally separated from each other, or at least one of them does.

But what happens when, like divorcing parents arguing over child custody, no one can agree who should wind up with the company?  » Read More

In a previous blog post, “Don’t Let Ego – Yours or Your Attorney’s – Get in the Way of a Settlement,” I made a passing reference to the strategy of taking discovery (including depositions) from company customers and vendors in business divorce litigation. » Read More

There appears to be an uptick in the filing of meritless corporate shareholder and LLC member oppression claims in New Jersey.  Not everything that majority shareholders do that upsets a minority owner is worth spending legal fees to pursue.

When the only allegations one can make are a failure to keep an absentee shareholder fully informed of all business transactions, and a failure to obtain that minority shareholder’s consent to such transactions, that alone is rarely a recipe for successful litigation.  » Read More

David C. Roberts, a Member with Norris McLaughlin, P.A., is pleased to present a seminar for all business owners that will answer many of the questions, both known and unknown, a shareholder would have, such as:

• What, exactly, is “shareholder oppression?”