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
Shareholder dispute litigation is often called business divorce litigation. So, if you are involved in such a fight, you need a business divorce attorney to help guide you through the interpersonal, or inter-family, aspects of your case as well as the legal ones. » Read More
Legal fees often should be awarded to a minority shareholder who is mistreated and oppressed by majority shareholders. The applicable statute allows the court’s discretion to a legal fee award in such a case. But it hardly ever happens. Why not? » 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
When you started your company all those years ago, you were certain you didn’t need a Shareholders’ Agreement (or, in the case of an LLC, an Operating Agreement). An attorney would have charged you more than you wanted to pay at the time to draft one (as they usually do), and after all, you trusted your business partner (back then). » Read More