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shareholder litigation

Nov 10, 2016

Being Prepared To File Business Divorce Litigation May Yield a Negotiated Agreement

Business owners who are having a dispute with their business partners (in New Jersey) should not read this blog and assume their only remedy is shareholder dispute litigation.  Because of the cost – both in legal fees, and to your business – litigation should almost always be a last resort.  » Read More

Sep 13, 2016

New Case Addresses LLC Member Expulsion in New Jersey

The New Jersey Supreme Court has decided a new case addressing what it takes to expel a member from an LLC in New Jersey.

The applicable statute in New Jersey (42:2C-46(e)) has three subsections dealing with expelling a member, two of which are fairly clear.  » Read More

Jul 27, 2016

Steps a Company Can Take to Inoculate Itself Against Shareholder Dispute Litigation

As discussed many times on this blog, shareholder dispute litigation can be extremely costly and terribly disruptive to company operations.  From the company’s point of view, it should be avoided if at all possible.  Once an oppressed minority shareholder complaint is filed, or is about to be filed, it is often too late to avoid.  » Read More

Jun 20, 2016

Oppressed Minority Shareholder Litigation – Choosing a Lawyer

Many times, minority shareholders pursuing their shareholder oppression rights, as well as majority shareholders being sued for minority shareholder oppression, feel the important thing to look for in an attorney is experience dealing with the particular industry that the company occupies.  » Read More

Sep 12, 2012

NJ Shareholder Dispute Litigation – Looking Out for Your Own Interests

In New Jersey Shareholder Dispute Litigation, Your Concern Must be Your Own Interests, Not the Interests of Other Minority Shareholders, or Even Family Members

When a new client comes in complaining that he is being treated unfairly by his business partners and hears that he may have the right to be paid for his shares, that potential remedy is often appealing. » Read More

Jun 19, 2012

The Discovery Process In Shareholder Dispute Litigation

When clients first come in for a consultation regarding potential shareholder dispute litigation, they are normally upset over some recent, often traumatic, event. Some have just been fired, while others have recently discovered that their business partner, whom they trusted, has been stealing from the company. » Read More

Apr 13, 2012

The Course of Shareholder Dispute Litigation Can Be Affected By The Way Your Shareholder Agreement is Drafted

Many business owners involved in shareholder dispute litigation wish they could go back in time and rewrite their shareholder agreement.  Unfortunately, it is often during expensive, protracted litigation with your business partner that you learn how your shareholder agreement could have been drafted to save you a costly lawsuit, or at least alter the course of that lawsuit. » Read More

Sep 12, 2011

Surviving Shareholder Litigation with Your Business – And Your Sanity – Intact

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