Many clients who come in to discuss a possible business divorce action are already anticipating obstacles to their own case.  Having a foresighted, prepared client is wonderful.  But when those clients take matters into their own hands before even coming into my office, sometimes they have harmed more than helped their own case. » Read More

Many business divorce cases start because one partner is improperly taking money from the business.  Such behavior can come in many different forms, including a majority shareholder wildly overcompensating himself, running personal expenses through the business, or having family members on the payroll with a no-show job.  » Read More

David C. Roberts and Norris McLaughlin, P.A., cordially invite you to a complimentary breakfast seminar that will explain your rights as a shareholder. You may feel your business partner is defrauding you by taking too much money and using the company as a personal piggy bank.  » Read More

Many times, two 50% owners possess different areas of expertise and separate spheres of influence.  For example, it is not uncommon for one business partner to be in charge of sales, with the other in charge of finances.  Because of this, one person often has more contacts than the other.  » Read More

When you catch your partner in a breach of trust, can you ever trust him again?  And even if you can, are you better off just moving on separately, or can the relationship ever really be repaired?

It may sound like this article is discussing a marriage, but that is what a business partnership is like in some cases.  » Read More

When you are a small business owner, your business partner is often the closest person in your life, besides your spouse.  Many would agree that if you suspect your spouse is cheating on you, he or she probably is.  At the least, there is a major problem in the marriage.  » Read More

It is fascinating how many clients come in to discuss potential shareholder litigation against their business partner, completely unable to explain why it took so long for them to see a lawyer.  Most perplexing are the ones who believe their business partners have been stealing from them for years.  » 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

Shareholder litigation: Those two words designate an action that can be profoundly disruptive to a business, because the mere existence of such a pitched battle between owners can bring a closely held company to a grinding halt.

When shareholder litigation is pending, the owners obviously have issues with each other severe enough to warrant filing suit.  » Read More

I have posted several times (most recently in January) about termination of an employee/shareholder constituting oppression, because this type of misconduct by majority shareholders happens all the time.  If one had a reasonable expectation of continued, even indefinite, employment, the act of termination itself could constitute shareholder oppression under New Jersey law, possibly giving the terminated shareholder the right to be paid for his or her shares.  » Read More